WASHINGTON STATE TAX STRUCTURE
The state of Washington imposes a B&O tax,^ state assessed property taxes, and substantially
relies on sales and use taxes for its revenues. Of the approximate $13.9 billion in taxes collected
for fiscal year 2005, the two taxes contributing most to revenues were sales and use taxes (59
percent) and the B&O tax (21 percent). Of particular interest to the Washington Department of
Revenue (DOR) is the use tax because it has the highest noncompliance rate (19.5 percent) among
its major taxes, and this noncompliance amounts to an estimated yearly revenue loss of over $56
million (Department of Revenue 2006, 2). This high level of noncompliance (17 percentage points
greater than any other tax) may be due to its lack of visibility. Further, the use tax is one of the
most costly to enforce.
Use Tax
States that collect a sales tax also impose a use tax. The use tax is paid when the buyer has not
paid sales tax in the state in which the item will be "used" or consumed. Therefore, it is a payment
in lieu of the domicile state sales tax. If a sales tax is paid in another state, then the use tax is the
positive difference between the amount of sales tax charged by the domicile state and the sales tax
paid in the state where the item was acquired. If no sales tax was charged in the acquisition state,
the domicile state collects the full tax as a use tax. Thus, use tax compensates the domicile state
to the extent of unpaid sales tax. It also provides a "level playing field" for businesses buying
assets within the state and those buying elsewhere. Washington is especially vulnerable to loss of
in-state sales taxes because it is bordered by Idaho, which charges a sales tax at a lower rate, and
Oregon, which levies no sales tax.
To facilitate business compliance, use tax due on out-of-state purchases is reported on the
same form as sales and B&O taxes, i.e., on the Combined Excise Tax Return form. These returns
are filed monthly, quarterly, or yearly depending on the level of revenue generated by the taxpayer,
but most firms in the construction industry file quarterly. Generally, computing the use tax due is
a relatively straightforward process for businesses. However, for the construction industry there
are items that are exempted from use tax, and these exceptions can and do impact tax compliance.
For example, "speculative builders" owe use tax on all building materials and all charges from
other contractors, whereas "custom builders" do not owe use tax on materials. Further, a construction
business may engage in both speculative and custom building. Equipment and machinery that
are used directly in manufacturing can also qualify for an exemption. Certain types of maintenance
and repairs to selected machinery and equipment are not subject to use tax, while others are
(Washington State Code [WAC] 458-20-13601). These exclusions muddy the applicability of the
use tax and hinder compliance.