Chapter 5.03 BUSINESS & OCCUPATION TAX
Section 5.03.100 Deductions
In computing the license fee or tax, there may be deducted from the measure
of tax the
following items:
(1) Compensation from public entities for health or
social welfare services - exception. In
computing tax, there may be deducted from the measure of tax amounts received from the United
States or any instrumentality thereof or from the State of Washington or any municipal
corporation or political subdivision thereof as compensation for, or to support, health or social
welfare services rendered by a health or social welfare organization (as defined in RCW
82.04.431) or by a municipal corporation or political subdivision, except deductions are not
allowed under this subsection for amounts that are received under an employee benefit plan. For
purposes of this subsection, "employee benefit plan" includes the military benefits program
authorized in 10 USC Sec. 1071 et seq., as amended, or amounts payable pursuant thereto.
(2) Interest on investments or loans secured by mortgages
or deeds of trust. In computing
tax, there may be deducted from the measure of tax by those engaged in banking, loan, security
or other financial businesses, amounts derived from interest received on investments or loans
primarily secured by first mortgages or trust deeds on non-transient residential properties.
(3) Interest on obligations of the state, its political
subdivisions, and municipal corporations.
In computing tax, there may be deducted from the measure of tax by those engaged in banking,
loan, security or other financial businesses, amounts derived from interest paid on all obligations
of the State of Washington, its political subdivisions, and municipal corporations organized
pursuant to the laws thereof.
(4) Interest on loans to farmers and ranchers, producers
or harvesters of aquatic products, or
their cooperatives. In computing tax, there may be deducted from the measure of tax amounts
derived as interest on loans to bona fide farmers and ranchers, producers or harvesters of aquatic
products, or their cooperatives by a lending institution which is owned exclusively by its
borrowers or members and which is engaged solely in the business of making loans and
providing finance-related services to bona fide farmers and ranchers, producers or harvesters of
aquatic products, their cooperatives, rural residents for housing, or persons engaged in furnishing
farm-related or aquatic-related services to these individuals or entities.
(5) Receipts from tangible personal property delivered
outside the State. In computing tax,
there may be deducted from the measure of tax under retailing or wholesaling amounts derived
from the sale of tangible personal property that is delivered by the seller to the buyer or the
buyers representative at a location outside the State of Washington.
(6) Cash discount taken by purchaser. In computing
tax, there may be deducted from the
measure of tax the cash discount amounts actually taken by the purchaser. This deduction is not
allowed in arriving at the taxable amount under the extracting or manufacturing classifications
with respect to articles produced or manufactured, the reported values of which, for the purposes
of this tax, have been computed according to the "value of product" provisions.
(7) Credit losses of accrual basis taxpayers. In
computing tax, there may be deducted from
the measure of tax the amount of credit losses actually sustained by taxpayers whose regular
books of account are kept upon an accrual basis.
(8) Repair, maintenance, replacement, etc., of residential
structures and commonly held
property - eligible organizations.
(a) In computing tax, there may be deducted from the
measure of tax amounts used solely
for repair, maintenance, replacement, management, or improvement of the residential structures
and commonly held property, but excluding property where fees or charges are made for use by
the public who are not guests accompanied by a member, which are derived by:
(i) A cooperative housing association, corporation,
or partnership from a person who resides
in a structure owned by the cooperative housing association, corporation, or partnership;
(ii) An association of owners of property as defined
in RCW 64.32.010, as now or hereafter
amended, from a person who is an apartment owner as defined in RCW 64.32.010; or
(iii) An association of owners of residential property
from a person who is a member of the
association. "Association of owners of residential property" means any organization of all
the
owners of residential property in a defined area who all hold the same property in common
within the area.
(b) For the purposes of this subsection "commonly
held property" includes areas required
for common access such as reception areas, halls, stairways, parking, etc., and may include
recreation rooms, swimming pools and small parks or recreation areas; but is not intended to
include more grounds than are normally required in a residential area, or to include such
extensive areas as required for golf courses, campgrounds, hiking and riding areas, boating areas,
etc.
(c) To qualify for the deductions under this subsection:
(i) The salary or compensation paid to officers, managers,
or employees must be only for
actual services rendered and at levels comparable to the salary or compensation of like positions
within the county wherein the property is located;
(ii) Dues, fees, or assessments in excess of amounts
needed for the purposes for which the
deduction is allowed must be rebated to the members of the association;
(iii) Assets of the association or organization must
be distributable to all members and must
not inure to the benefit of any single member or group of members.
(9) Sales at wholesale or retail of precious metal bullion
and monetized bullion. In
computing tax, there may be deducted from the measure of the tax amounts derived from the sale
at wholesale or retail of precious metal bullion and monetized bullion. However, no deduction
is
allowed on amounts received as commissions upon transactions for the accounts of customers
over and above the amount paid to other dealers associated in such transactions, and no
deduction or offset is allowed against such commissions on account of salaries or commissions
paid to salesmen or other employees.
(10) Amounts representing rental of real estate for
boarding homes. In computing tax, there
may be deducted from the measure of tax amounts representing the value of the rental of real
estate for "boarding homes." To qualify for the deduction, the boarding home must meet
the
definition of "boarding home, and licensed by the State of Washington under RCW 18.20. The
deduction shall be in the amount of twenty-five percent (25%) of the gross monthly billing when
the boarder has resided within the boarding home for longer than thirty (30) days.
(11) Radio and television broadcasting - advertising
agency fees - national, regional, and
network advertising - interstate allocations. In computing tax, there may be deducted from the
measure of tax by radio and television broadcasters amounts representing the following:
(a) advertising agencies' fees when such fees or allowances
are shown as a discount or price
reduction in the billing or that the billing is on a net basis, i.e., less the discount;
(b) actual gross receipts from national network, and
regional advertising or a "standard
deduction" as provided by RCW 82.04.280; and
(c) local advertising revenue that represent advertising
which is intended to reach potential
customers of the advertiser who are located outside the State of Washington. The Director may
issue a rule that provides detailed guidance as to how these deductions are to be calculated.
(12) Constitutional prohibitions. In computing
tax, there may be deducted from the measure
of the tax amounts derived from business which the City is prohibited from taxing under the
Constitution of the State of Washington or the Constitution of the United States.
(13) Receipts From the Sale of Tangible Personal
Property and Retail Services Delivered
Outside the City but Within Washington. Effective January 1, 2008, amounts included in the
gross receipts reported on the tax return derived from the sale of tangible personal property
delivered to the buyer or the buyers representative outside the City but within the State of
Washington may be deducted from the measure of tax under the retailing, retail services, or
wholesaling classification.
(14) Professional employer services. In computing
the tax, a professional employer
organization may deduct from the calculation of gross income the gross income of the business
derived from performing professional employer services that is equal to the portion of the fee
charged to a client that represents the actual cost of wages and salaries, benefits, workers'
compensation, payroll taxes, withholding, or other assessments paid to or on behalf of a covered
employee by the professional employer organization under a professional employer agreement.
(6456, Added, 12/27/2007)