Revised Code of Washington
Chapter 82.04 - Business and Occupation Tax.
82.04.29005 - Tax on loan interest—2012 2nd sp.s. c 6.

RCW 82.04.29005
Tax on loan interest—2012 2nd sp.s. c 6.

(1) Amounts received as interest on loans originated by a person located in more than ten states, or an affiliate of such person, and primarily secured by first mortgages or trust deeds on nontransient residential properties are subject to tax under RCW 82.04.290(2)(a).
(2) For the purposes of this subsection [section], a person is located in a state if:
(a) The person or an affiliate of the person maintains a branch, office, or one or more employees or representatives in the state; and
(b) Such in-state presence allows borrowers or potential borrowers to contact the branch, office, employee, or representative concerning the acquiring, negotiating, renegotiating, or restructuring of, or making payments on, mortgages issued or to be issued by the person or an affiliate of the person.
(3) For purposes of this section:
(a) "Affiliate" means a person is affiliated with another person, and "affiliated" has the same meaning as in RCW 82.04.645; and
(b) "Interest" has the same meaning as in RCW 82.04.4292 and also includes servicing fees described in RCW 82.04.4292(4).

[ 2012 2nd sp.s. c 6 § 101.]
NOTES:

Existing rights, liabilities, or obligations—2012 2nd sp.s. c 6: "This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections." [ 2012 2nd sp.s. c 6 § 701.]


Effective dates—Contingent effective date—2012 2nd sp.s. c 6: "(1) Parts I, II, and V through VII of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2012.
(2) Section 302 of this act does not take effect if the contingency in subsection (3) of this section occurs.
(3) Section 303 of this act takes effect if Substitute House Bill No. 2530 or any other legislation repealing RCW 82.32.534 is enacted during the 2012 1st special session and signed into law.
(4) Parts III and IV of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 2, 2012]." [ 2012 2nd sp.s. c 6 § 703.]

Structure Revised Code of Washington

Revised Code of Washington

Title 82 - Excise Taxes

Chapter 82.04 - Business and Occupation Tax.

82.04.010 - Introductory.

82.04.020 - "Tax year," "taxable year."

82.04.030 - "Person," "company."

82.04.035 - "Plantation Christmas trees."

82.04.040 - "Sale," "casual or isolated sale," "lease or rental," "adoption fee," "animal care and control agency," "animal rescue group," "animal rescue organization."

82.04.050 - "Sale at retail," "retail sale."

82.04.051 - "Services rendered in respect to"—Taxation of hybrid or subsequent agreements.

82.04.060 - "Sale at wholesale," "wholesale sale."

82.04.062 - "Sale at wholesale," "sale at retail" excludes sale of precious metal bullion and monetized bullion—Computation of tax.

82.04.065 - Telephone, telecommunications, and ancillary services—Definitions.

82.04.066 - "Engaging within this state," "engaging within the state."

82.04.067 - Substantial nexus—Engaging in business.

82.04.070 - "Gross proceeds of sales."

82.04.080 - "Gross income of the business."

82.04.090 - "Value proceeding or accruing."

82.04.100 - "Extractor."

82.04.110 - "Manufacturer."

82.04.120 - "To manufacture."

82.04.130 - "Commercial or industrial use."

82.04.140 - "Business."

82.04.150 - "Engaging in business."

82.04.160 - "Cash discount."

82.04.170 - "Tuition fee."

82.04.180 - "Successor."

82.04.190 - "Consumer."

82.04.192 - Digital products definitions.

82.04.200 - "In this state," "within this state."

82.04.210 - "By-product."

82.04.212 - "Retail store or outlet."

82.04.213 - "Agricultural product," "farmer," "cannabis."

82.04.214 - "Newspaper."

82.04.215 - "Computer," "computer software," "custom software," "customization of prewritten computer software," "master copies," "prewritten computer software," "retained rights."

82.04.216 - Exclusion of steam, electricity, or electrical energy from definition of certain terms.

82.04.217 - "Direct service industrial customer," "aluminum smelter."

82.04.220 - Business and occupation tax imposed.

82.04.230 - Tax upon extractors.

82.04.240 - Tax on manufacturers.

82.04.2403 - Manufacturer tax not applicable to cleaning fish.

82.04.2404 - Manufacturers—Processors for hire—Semiconductor materials.

82.04.250 - Tax on retailers.

82.04.255 - Tax on real estate brokers.

82.04.257 - Tax on digital products and services.

82.04.258 - Digital products—Apportionable income.

82.04.260 - Tax on manufacturers and processors of various foods and by-products—Research and development organizations—Travel agents—Certain international activities—Stevedoring and associated activities—Low-level waste disposers—Insurance producers...

82.04.2602 - Tax on commercial airplane activities—Conditions for rate reduction.

82.04.261 - Surcharge on timber and wood product manufacturers, extractors, and wholesalers.

82.04.263 - Tax on cleaning up radioactive waste and other by-products of weapons production and nuclear research and development.

82.04.270 - Tax on wholesalers.

82.04.272 - Tax on warehousing and reselling prescription drugs.

82.04.280 - Tax on printers, publishers, highway contractors, extracting or processing for hire, cold storage warehouse or storage warehouse operation, insurance general agents, radio and television broadcasting, government contractors—Cold storage w...

82.04.285 - Tax on contests of chance.

82.04.286 - Tax on horse races.

82.04.290 - Tax on service and other activities.

82.04.29001 - Creation and distribution of custom software—Customization of prewritten computer software—Taxable services.

82.04.29002 - Additional tax on certain business and service activities.

82.04.29004 - Additional tax on financial institutions.

82.04.29005 - Tax on loan interest—2012 2nd sp.s. c 6.

82.04.2905 - Tax on providing day care.

82.04.2906 - Tax on certain chemical dependency services.

82.04.2907 - Tax on royalties.

82.04.2908 - Tax on provision of room and domiciliary care to assisted living facility residents.

82.04.2909 - Tax on aluminum smelters.

82.04.293 - International investment management services—Definitions.

82.04.294 - Tax on manufacturers or wholesalers of solar energy systems.

82.04.297 - Internet access—Definitions.

82.04.298 - Tax on qualified grocery distribution cooperatives.

82.04.299 - Workforce education investment surcharge.

82.04.301 - Exemptions—Certain hospitals.

82.04.310 - Exemptions—Public utilities—Electrical energy—Natural or manufactured gas.

82.04.311 - Exemptions—Tobacco settlement authority.

82.04.315 - Exemptions—International banking facilities.

82.04.317 - Exemptions—Motor vehicle sales by manufacturers at wholesale auctions to dealers.

82.04.320 - Exemptions—Insurance business.

82.04.321 - Exemptions—Qualified health plan patients.

82.04.322 - Exemptions—Health maintenance organization, health care service contractor, certified health plan.

82.04.323 - Exemption—Washington health benefit exchange.

82.04.324 - Exemptions—Qualifying blood, tissue, or blood and tissue banks.

82.04.326 - Exemptions—Qualified organ procurement organizations.

82.04.327 - Exemptions—Adult family homes.

82.04.330 - Exemptions—Sales of agricultural products.

82.04.331 - Exemptions—Wholesale sales to farmers of seed for planting, conditioning seed for planting owned by others.

82.04.332 - Exemptions—Buying and selling at wholesale unprocessed milk, wheat, oats, dry peas, dry beans, lentils, triticale, canola, corn, rye, and barley.

82.04.333 - Exemptions—Small harvesters.

82.04.334 - Exemptions—Standing timber.

82.04.335 - Exemptions—Agricultural fairs.

82.04.337 - Exemptions—Amounts received by hop growers or dealers for processed hops shipped outside the state.

82.04.338 - Exemptions—Hop commodity commission or hop commodity board business.

82.04.339 - Exemptions—Day care provided by churches.

82.04.3395 - Exemptions—Child care resource and referral services by nonprofit organizations.

82.04.340 - Exemptions—Boxing, sparring, or wrestling matches.

82.04.350 - Exemptions—Racing.

82.04.355 - Exemptions—Ride sharing.

82.04.360 - Exemptions—Employees—Independent contractors—Booth renters.

82.04.363 - Exemptions—Camp or conference center—Items sold or furnished by nonprofit organization.

82.04.3651 - Exemptions—Amounts received by nonprofit organizations for fund-raising activities.

82.04.367 - Exemptions—Nonprofit organizations that are guarantee agencies, issue debt, or provide guarantees for student loans.

82.04.368 - Exemptions—Nonprofit organizations—Credit and debt services.

82.04.370 - Exemptions—Certain fraternal and beneficiary organizations.

82.04.380 - Exemptions—Certain corporations furnishing aid and relief.

82.04.385 - Exemptions—Operation of sheltered workshops.

82.04.390 - Exemptions—Amounts derived from sale of real estate.

82.04.392 - Exemptions—Mortgage brokers' third-party provider services trust accounts.

82.04.399 - Exemptions—Sales of academic transcripts.

82.04.405 - Exemptions—Credit unions.

82.04.408 - Exemptions—Housing finance commission.

82.04.410 - Exemptions—Hatching eggs and poultry.

82.04.415 - Exemptions—Sand, gravel and rock taken from county or city pits or quarries, processing and handling costs.

82.04.416 - Exemptions—Operation of state route No. 16.

82.04.418 - Exemptions—Grants by United States government to municipal corporations or political subdivisions.

82.04.419 - Exemptions—County, city, town, school district, or fire district activity.

82.04.4201 - Exemptions—Sales/leasebacks by regional transit authorities.

82.04.421 - Exemptions—Out-of-state membership sales in discount programs.

82.04.422 - Exemptions—Wholesale sales of motor vehicles.

82.04.423 - Exemptions—Sales by certain out-of-state persons to or through direct seller's representatives.

82.04.425 - Exemptions—Accommodation sales.

82.04.4251 - Exemptions—Convention and tourism promotion.

82.04.426 - Exemptions—Semiconductor microchips.

82.04.4261 - Exemptions—Federal small business innovation research program.

82.04.4262 - Exemptions—Federal small business technology transfer program.

82.04.4263 - Exemptions—Income received by the life sciences discovery fund authority.

82.04.4264 - Exemptions—Nonprofit assisted living facilities—Room and domiciliary care.

82.04.4265 - Exemptions—Comprehensive cancer centers.

82.04.4266 - Exemptions—Fruit and vegetable businesses.

82.04.4267 - Exemptions—Operation of parking/business improvement areas.

82.04.4268 - Exemptions—Dairy product businesses.

82.04.4269 - Exemptions—Seafood product businesses.

82.04.427 - Exemptions and credits—Pollution control facilities.

82.04.4271 - Deductions—Membership fees and certain service fees by nonprofit youth organization.

82.04.4272 - Deductions—Direct mail delivery charges.

82.04.4274 - Deductions—Nonprofit management companies—Personnel performing on-site functions.

82.04.4275 - Deductions—Child welfare services.

82.04.4281 - Deductions—Investments, dividends, interest on loans.

82.04.4282 - Deductions—Fees, dues, charges.

82.04.4283 - Deductions—Cash discount taken by purchaser.

82.04.4284 - Deductions—Bad debts.

82.04.4285 - Deductions—Motor vehicle fuel and special fuel taxes.

82.04.4286 - Deductions—Nontaxable business.

82.04.4287 - Deductions—Compensation for receiving, washing, etc., horticultural products for person exempt under RCW 82.04.330—Materials and supplies used.

82.04.4289 - Exemption—Compensation for patient services or attendant sales of drugs dispensed pursuant to prescription by certain nonprofit organizations.

82.04.4290 - Deductions—Mental health services or substance use disorder treatment services.

82.04.4291 - Deductions—Compensation received by a political subdivision from another political subdivision for services taxable under RCW 82.04.290.

82.04.4292 - Deductions—Interest on investments or loans secured by mortgages or deeds of trust.

82.04.4293 - Deductions—Interest on obligations of the state, its political subdivisions, and municipal corporations.

82.04.4294 - Deductions—Interest on loans to farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives.

82.04.4295 - Deductions—Manufacturing activities completed outside the United States.

82.04.4296 - Deductions—Reimbursement for accommodation expenditures by funeral homes.

82.04.4297 - Deductions—Compensation from public entities for health or social welfare services—Exception.

82.04.4298 - Deductions—Repair, maintenance, replacement, etc., of residential structures and commonly held property—Eligible organizations.

82.04.431 - "Health or social welfare organization" defined—Conditions for exemption—"Health or social welfare services" defined.

82.04.4311 - Deductions—Compensation received under the federal medicare program by certain hospitals or health centers.

82.04.432 - Deductions—Municipal sewer service fees or charges.

82.04.4327 - Deductions—Artistic and cultural organizations.

82.04.4328 - "Artistic or cultural organization" defined.

82.04.433 - Deductions—Sales of fuel for consumption outside United States' waters by vessels in foreign commerce.

82.04.4331 - Deductions—Insurance claims for state health care coverage.

82.04.4332 - Deductions—Tuition fees of foreign degree-granting institutions.

82.04.4337 - Deductions—Certain amounts received by assisted living facilities.

82.04.4339 - Deductions—Salmon recovery grants.

82.04.43391 - Deductions—Commercial aircraft loan interest and fees.

82.04.43392 - Deductions—Qualified dispute resolution centers.

82.04.43393 - Deductions—Paymaster services.

82.04.43395 - Deductions—Accountable community of health.

82.04.43396 - Deductions—Scan-down allowances.

82.04.434 - Credit—Public safety standards and testing.

82.04.440 - Credit—Persons taxable on multiple activities.

82.04.4451 - Credit against tax due—Maximum credit—Table.

82.04.44525 - Credit—New employment for international service activities in eligible areas—Designation of census tracts for eligibility—Records—Tax due upon ineligibility—Interest assessment—Information from employment security department.

82.04.4461 - Credit—Preproduction development expenditures.

82.04.4463 - Credit—Property and leasehold taxes paid on property used for manufacture of commercial airplanes.

82.04.447 - Credit—Natural or manufactured gas purchased by direct service industrial customers—Reports.

82.04.448 - Credit—Manufacturing semiconductor materials.

82.04.4481 - Credit—Property taxes paid by aluminum smelter.

82.04.4482 - Credit—Sales of electricity or gas to an aluminum smelter.

82.04.4486 - Credit—Syrup taxes paid by buyer.

82.04.4489 - Credit—Motion picture competitiveness program.

82.04.449 - Credit—Washington customized employment training program—Report to the legislature.

82.04.4496 - Credit—Clean alternative fuel commercial vehicles.

82.04.4497 - Credit—Sale or exchange of long-term capital assets.

82.04.4498 - Credit—Businesses that hire veterans.

82.04.4499 - Credit—Equitable access to credit program.

82.04.450 - Value of products, how determined.

82.04.460 - Apportionable income—Taxable in Washington and another state.

82.04.462 - Apportionable income.

82.04.470 - Wholesale sale—Reseller permit—Exemption certificates—Burden of proof—Tax liability.

82.04.480 - Sales in own name—Sales as agent.

82.04.500 - Tax part of operating overhead.

82.04.510 - General administrative provisions invoked.

82.04.520 - Administrative provisions for motor vehicle sales by courtesy dealers.

82.04.530 - Telecommunications service providers—Calculation of gross proceeds.

82.04.535 - Gross proceeds of sales calculation for mobile telecommunications service provider.

82.04.540 - Professional employer organizations—Taxable under RCW 82.04.290(2)—Deduction.

82.04.545 - Exemptions—Sales of electricity or gas to silicon smelters.

82.04.600 - Exemptions—Materials printed in county, city, town, school district, educational service district, library or library district.

82.04.601 - Exemptions—Affixing stamp services for cigarette sales.

82.04.610 - Exemptions—Import or export commerce.

82.04.615 - Exemptions—Certain limited purpose public corporations, commissions, and authorities.

82.04.620 - Exemptions—Certain prescription drugs.

82.04.627 - Exemptions—Commercial airplane parts.

82.04.628 - Exemptions—Commercial fertilizer, agricultural crop protection products, and seed.

82.04.635 - Exemptions—Nonprofits providing legal services to low-income persons.

82.04.640 - Exemptions—Washington vaccine association—Certain assessments received.

82.04.645 - Exemptions—Financial institutions—Amounts received from certain affiliated persons.

82.04.650 - Exemptions—Investment conduits and securitization entities.

82.04.655 - Exemptions—Joint municipal utility services authorities.

82.04.660 - Exemptions—Environmental handling charges—Mercury-containing lights.

82.04.750 - Exemptions—Restaurant employee meals.

82.04.755 - Exemptions—Grants received by a nonprofit organization for the program established under RCW 70A.200.140(1)(b)(ii).

82.04.756 - Exemptions—Cannabis cooperatives.

82.04.758 - Exceptions—Services for farms.

82.04.760 - Tax preferences—Expiration dates.

82.04.765 - Exemptions—Receipts attributable to assessment on architectural paint imposed pursuant to chapter 70A.515 RCW.

82.04.767 - Exemptions—Qualifying grants—National emergency or state of emergency.

82.04.770 - Deduction of amounts derived from charge collected pursuant to chapter 70A.530 RCW.

82.04.775 - Application of chapter—Amounts received under chapter 70A.535 RCW.

82.04.900 - Construction—1961 c 15.