82.12.022 - Natural or manufactured gas -- Use tax imposed -- Exemption (as amended by 2010 c 114). - Washington Statutes

Natural or manufactured gas — Use tax imposed — Exemption (as amended by 2010 c 114).

(1) ((There is hereby levied and there shall be collected from)) A use tax is levied on every person in this state ((a use tax)) for the privilege of using natural gas or manufactured gas within this state as a consumer.

     (2) The tax ((shall)) must be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rate in effect for the public utility tax on gas distribution businesses under RCW 82.16.020. The "value of the article used" does not include any amounts that are paid for the hire or use of a gas distribution business as defined in RCW 82.16.010(((7))) (2) in transporting the gas subject to tax under this subsection if those amounts are subject to tax under that chapter.

     (3) The tax levied in this section ((shall)) does not apply to the use of natural or manufactured gas delivered to the consumer by other means than through a pipeline.

     (4) The tax levied in this section ((shall)) does not apply to the use of natural or manufactured gas if the person who sold the gas to the consumer has paid a tax under RCW 82.16.020 with respect to the gas for which exemption is sought under this subsection.

     (5)(a) The tax levied in this section ((shall)) does not apply to the use of natural or manufactured gas by an aluminum smelter as that term is defined in RCW 82.04.217 before January 1, 2012.

     (b) A person claiming the exemption provided in this subsection (5) must file a complete annual report with the department under RCW 82.32.534.

     (6) There ((shall be)) is a credit against the tax levied under this section in an amount equal to any tax paid by:

     (a) The person who sold the gas to the consumer when that tax is a gross receipts tax similar to that imposed pursuant to RCW 82.16.020 by another state with respect to the gas for which a credit is sought under this subsection; or

     (b) The person consuming the gas upon which a use tax similar to the tax imposed by this section was paid to another state with respect to the gas for which a credit is sought under this subsection.

     (7) The use tax ((hereby)) imposed ((shall)) in this section must be paid by the consumer to the department.

     (8) There is imposed a reporting requirement on the person who delivered the gas to the consumer to make a quarterly report to the department. Such report ((shall)) must contain the volume of gas delivered, name of the consumer to whom delivered, and such other information as the department ((shall)) may require by rule.

     (9) The department may adopt rules under chapter 34.05 RCW for the administration and enforcement of sections 1 through 6, chapter 384, Laws of 1989.

[2010 c 114 § 127; 2006 c 182 § 5; 2004 c 24 § 12; 1994 c 124 § 9; 1989 c 384 § 3.]

Notes: Application -- Finding -- Intent -- 2010 c 114: See notes following RCW 82.32.585.

RCW 82.12.022

Natural or manufactured gas — Use tax imposed — Exemption (as amended by 2010 1st sp.s. c 2).

(1) There is ((hereby)) levied and ((there shall be)) collected from every person in this state a use tax for the privilege of using natural gas or manufactured gas within this state as a consumer.

     (2) The tax ((shall be)) is levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rate in effect for the public utility tax on gas distribution businesses under RCW 82.16.020. The "value of the article used" does not include any amounts that are paid for the hire or use of a gas distribution business as defined in RCW 82.16.010(((7))) (2) in transporting the gas subject to tax under this subsection if those amounts are subject to tax under that chapter.

     (3) The tax levied in this section ((shall)) does not apply to the use of natural or manufactured gas delivered to the consumer by other means than through a pipeline.

     (4) The tax levied in this section ((shall)) does not apply to the use of natural or manufactured gas if the person who sold the gas to the consumer has paid a tax under RCW 82.16.020 with respect to the gas for which exemption is sought under this subsection.

     (5) The tax levied in this section ((shall)) does not apply to the use of natural or manufactured gas by an aluminum smelter as that term is defined in RCW 82.04.217 before January 1, ((2012)) 2017.

     (6) There ((shall be)) is a credit against the tax levied under this section in an amount equal to any tax paid by:

     (a) The person who sold the gas to the consumer when that tax is a gross receipts tax similar to that imposed pursuant to RCW 82.16.020 by another state with respect to the gas for which a credit is sought under this subsection; or

     (b) The person consuming the gas upon which a use tax similar to the tax imposed by this section was paid to another state with respect to the gas for which a credit is sought under this subsection.

     (7) The use tax hereby imposed ((shall)) must be paid by the consumer to the department.

     (8) There is imposed a reporting requirement on the person who delivered the gas to the consumer to make a quarterly report to the department. Such report ((shall)) must contain the volume of gas delivered, name of the consumer to whom delivered, and such other information as the department ((shall)) requires by rule.

     (9) The department may adopt rules under chapter 34.05 RCW for the administration and enforcement of sections 1 through 6, chapter 384, Laws of 1989.

[2010 1st sp.s. c 2 § 5; 2006 c 182 § 5; 2004 c 24 § 12; 1994 c 124 § 9; 1989 c 384 § 3.]

Notes: Reviser's note: RCW 82.12.022 was amended twice during the 2010 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.

Intent -- Effective date -- 2004 c 24: See notes following RCW 82.04.2909.

Intent -- 1989 c 384: "Due to a change in the federal regulations governing the sale of brokered natural gas, cities have lost significant revenues from the utility tax on natural gas. It is therefore the intent of the legislature to adjust the utility and use tax authority of the state and cities to maintain this revenue source for the municipalities and provide equality of taxation between intrastate and interstate transactions." [1989 c 384 § 1.]

Effective date -- 1989 c 384: "This act shall take effect July 1, 1990." [1989 c 384 § 7.]