RCW 82.04.628
Exemptions—Commercial fertilizer, agricultural crop protection products, and seed.
(1) This chapter does not apply to wholesale sales of commercial fertilizer, agricultural crop protection products, and seed, by an eligible distributor to an eligible retailer.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Affiliated persons" means persons who have any ownership interest, whether direct or indirect, in each other, or where any ownership interest, whether direct or indirect, is held in each of the persons by another person or by a group of other persons that are affiliated with respect to each other.
(b) "Agricultural crop protection products" has the same meaning as provided in RCW 82.21.040.
(c) "Commercial fertilizer" has the same meaning as provided in RCW 15.54.270.
(d) "Seed" means seed potatoes and all other "agricultural seed" as defined in RCW 15.49.011 and conditioned for use in planting.
(e) "Eligible distributor" means a wholesaler who purchases commercial fertilizer, agricultural crop protection products, and seed from the manufacturer and resells those products only to eligible retailers who are not affiliated persons and who have an ownership interest in an entity that has at least a fifty percent ownership interest in the wholesaler.
(f) "Eligible retailer" means a person engaged in the business of making retail sales of commercial fertilizer, agricultural crop protection products, and seed, that also holds at least a five percent ownership interest in an entity that holds at least a fifty percent ownership interest in an eligible distributor.
(3) This section is exempt from the provisions of RCW 82.32.805 and 82.32.808.
[ 2017 3rd sp.s. c 37 § 302.]
NOTES:
Tax preference performance statement—2017 3rd sp.s. c 37 § 302: "(1) This section is the tax preference performance statement for the tax preferences contained in section 302, chapter 37, Laws of 2017 3rd sp. sess. This performance statement is only intended to be used for subsequent evaluation of the tax preferences. It is not intended to create a private right of action by any party or be used to determine eligibility for preferential tax treatment.
(2) The legislature categorizes these tax preferences as ones intended to reduce structural inefficiencies, as indicated in RCW 82.32.808(2)(d).
(3) It is the legislature's specific public policy objective to provide tax relief to certain distributors of commercial fertilizer, agricultural crop protection products, and seeds. If a review finds that the number of wholesalers of agricultural crop protection products, seed, and fertilizer qualifying for the exemption has increased or stayed the same, then the legislature intends to extend the expiration date of the tax preferences.
(4) In order to obtain the data necessary to perform the review in subsection (3) of this section, the joint legislative audit and review committee may refer to the department of revenue's data." [ 2017 3rd sp.s. c 37 § 301.]
Effective date—2017 3rd sp.s. c 37 §§ 301, 302, and 1001-1003: "Parts III and X 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, 2017." [ 2017 3rd sp.s. c 37 § 1402.]
Structure Revised Code of Washington
Chapter 82.04 - Business and Occupation Tax.
82.04.020 - "Tax year," "taxable year."
82.04.030 - "Person," "company."
82.04.035 - "Plantation Christmas trees."
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."
82.04.065 - 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."
82.04.130 - "Commercial or industrial use."
82.04.150 - "Engaging in business."
82.04.192 - Digital products definitions.
82.04.200 - "In this state," "within this state."
82.04.212 - "Retail store or outlet."
82.04.213 - "Agricultural product," "farmer," "cannabis."
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.
82.04.255 - Tax on real estate brokers.
82.04.257 - Tax on digital products and services.
82.04.258 - Digital products—Apportionable income.
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.
82.04.270 - Tax on wholesalers.
82.04.272 - Tax on warehousing and reselling prescription drugs.
82.04.285 - Tax on contests of chance.
82.04.286 - Tax on horse races.
82.04.290 - Tax on service and other activities.
82.04.29002 - 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.
82.04.323 - 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.
82.04.333 - Exemptions—Small harvesters.
82.04.334 - Exemptions—Standing timber.
82.04.335 - Exemptions—Agricultural fairs.
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.
82.04.368 - 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.
82.04.416 - Exemptions—Operation of state route No. 16.
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.
82.04.425 - 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.
82.04.4290 - Deductions—Mental health services or substance use disorder treatment services.
82.04.4292 - Deductions—Interest on investments or loans secured by mortgages or deeds of trust.
82.04.4295 - Deductions—Manufacturing activities completed outside the United States.
82.04.4296 - Deductions—Reimbursement for accommodation expenditures by funeral homes.
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.
82.04.4331 - 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.
82.04.4461 - Credit—Preproduction development expenditures.
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.
82.04.601 - 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.
82.04.756 - Exemptions—Cannabis cooperatives.
82.04.758 - Exceptions—Services for farms.
82.04.760 - Tax preferences—Expiration dates.
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.