| WAC 192 |
Indians-Indian
country. |
|
|
| SOURCE |
DOCUMENT |
DETER. NO |
DATE OF ISSUE |
DESCRIPTION |
| WAC: |
458-20-192 |
|
07/02/2002 |
Indians--Indian country.Effective 8/2/02. |
| RCW: | |
|
|
| |
82.04.050 |
|
2007 |
"Sale at retail,"
"retail sale." |
| |
82.04.250 |
|
1993 |
Tax on Retailers |
| |
82.04.270 |
|
1994 |
Tax on wholesalers |
| |
82.08.020 |
|
1992 |
Tax imposed -- Retail sales --
Retail car rental. |
| |
82.12.020 |
|
1996 |
Use Tax Imposed |
| |
82.14.030 |
|
1989 |
Sales and use taxes
authorized--Additional taxes authorized--Maximum rates |
| |
82.24.040 |
|
1995 |
Duty of wholesaler |
| |
82.24.250 |
|
2008 |
Transportation of unstamped
cigarettes -- Invoices and delivery tickets required -- Stop and inspect. |
| |
82.26.010 |
|
2005 |
Definitions. |
| |
82.32.030 |
|
1996 |
Registration certificates --
Threshold levels. |
| ETA: |
3089.2009 |
|
2/2/09 |
Retail sales tax on telephone services sold to Indians |
| |
268.04.192 |
|
9/23/66 |
INDIAN OWNED CORPORATION DOING BUSINESS ON A RESERVATION Cancelled effective January 27, 2005. Provides incorrect information. Rule 192 further provides that in the event that the composition of such an entity includes a family member who is not a member of the tribe, the entity will be considered as satisfying the "comprised solely" criteria if at least half of the owners are enrolled members of the tribe. |
| |
504.08.192 |
|
11/24/76 |
SALES TO OR BY INDIANS - This document was issued to outline procedures to implement WAC 458-20-192 (Indians—Indian reservations), as revised November 12, 1976, and to clarify certain provisions of that rule. This document is out of date and no longer needed. The latest revision of Rule 192, effective January 1, 2001, provides current information on sales to or by Indians. Many of the Department of Revenue field office addresses provided in ETA 504 are incorrect. Cancelled by ETA 2003-3s 02/15/2001 |
| |
555.08.245/192 |
|
4/15/92 |
RETAIL SALES TAX ON TELEPHONE SERVICES ON INDIANS Revised 2/2/09 See ETA 3089.2009 |
| INDUSTRY GUIDES: |
|
|
Indian
Tax Guide |
| SPECIAL
NOTICES: |
|
|
|
| Subject
Title Reference: |
|
|
|
| Spirits Tax |
|
|
08/30/2012 |
Claims of Constitutional Impairment of Contract made under Initiative 1183 |
| Tobacco |
|
|
05/25/2012 |
Commercial Cigarette-Making Machines Operated at Retail Establishments
and the Taxation of Roll-Your-Own Cigarettes |
| Spirits Tax |
|
|
03/01/2012 |
Questions and Answers on Spirits Tax for Retailers |
| Tobacco |
|
|
09/07/2010 |
Moist Snuff Tax Rate and Classification Changes |
| Tobacco |
|
04/15/10 |
Tobacco Tax Rate Increase & Definition Changes |
| Cigarette |
|
04/13/10 |
Cigarette Tax Rate Increase |
| Tobacco |
|
04/13/10 |
Cigarette Tax Rate Increase |
| Tobacco |
|
8/8/2008 |
Cigarettes Sold in Washington
Required to be Certified as Reduced Ignition Propensity Revised |
| Tobacco |
|
07/01/2008 |
Cigarettes Sold in Washington
Required to be Reduced Ignition Propensity Certified |
| |
|
|
02/00/2002 |
Tax Exemptions on Sales of Goods
and Services to Indians and Indian Tribes Taking Place in Indian Country --
5/21/04 this Special Notice has been removed from the DOR web site.This notice contains misleading information
regarding requirements for the B&O tax exemption for sales of goods with
delivery to the reservation (top of page 2). With the Indian
Tax Guide on-line, a substitute or replacement
Special Notice is not anticipated on this subject. |
| |
|
|
11/08/1999 |
"New Buyers" Retail
Sales Tax Exemption Certificate |
| DIRECTIVE: |
8192.1 |
|
05/01/1990 |
Corporations Owned by Indians
Upper Skagit Indian, Sauk-Suiattle and Jamestown Klallam Indian Tribes Cancelled 02/15/01. |
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| | |
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| RPM: | |
|
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| WTD: |
3 WTD 111 |
87-147 |
|
FISH TAX -- INDIANS -- LIABILITY
FOR -- USUAL AND ACCUSTOMED WATERS.Fish tax is imposed on the first person having commercial possession
after landing in Washington.Commercial
Indian fish buyers, however, are exempt of fish tax where the fish are landed
on their own reservation or in the usual and accustomed waters of their
tribe.They are not exempt if the fish
are landed elsewhere.F.I.D. |
| |
3 WTD 111 |
87-147 |
|
FISH TAX -- INDIAN/NON-INDIAN
MARITAL COMMUNITY -- LIABILITY FOR.An
Indian husband and his non-Indian wife operating a commercial fish buying
business on a sole proprietorship basis will be treated as one with respect
to their liability for fish tax.Any
exemptions for which the husband is eligible are, thus, extended to the wife
as well.F.I.D. |
| |
3 WTD 111 |
87-147 |
|
FISH
TAX -- CREDIT -- TAXES PAID TO OTHER JURISDICTION -- LEGISLATIVE AMENDMENT --
EFFECT OF.Before the statute was
changed effective July 28, 1985, persons liable for fish tax were allowed a
credit for taxes paid other states on the same fish.After that date credit will be allowed for
fish tax paid any recognized taxing jurisdiction including Indian
tribes. |
| |
3 WTD 111 |
87-147 |
|
THIS DETERMINATION HAS BEEN
OVERRULED OR MODIFIED IN WHOLE OR PART BY DET.NO. 00-063,
20 WTD 164 (2001). |
| |
6 WTD 165 |
50WnApp 646 |
|
Indians -- Taxation -- Cigarette
Tax -- Sale by Indian to Non-Indian.The state may impose a tax on an Indian's sale of cigarettes to a
non-Indian. |
| |
6 WTD 309 |
88-324 |
|
RETAIL
SALES TAX -- LIABILITY OF SELLER FOR COLLECTION -- SALES TO INDIANS ON INDIAN
RESERVATION.Seller is not liable for
collection of retail sales tax on sales to registered members of Indian
tribes recognized by the United States Department of the Interior if delivery
of goods or services occurs on that tribe's recognized Indian
reservation.Corporations chartered by
Indian tribes and not registered by the state receive the same treatment as
Indian persons if the above requirements are met and if all of the
shareholders of the corporation are registered with the tribe on whose
reservation the purchase and delivery of goods or services occurs. |
| |
7 WTD 225 |
89-121 |
|
B&O
TAX -- RETAILING -- LIABILITY OF STATE-REGISTERED CORPORATIONS OWNED BY
INDIAN PERSONS.Indian persons who
operate businesses in corporate form chartered by Indian tribes which are
also registered as corporations with the state receive certain benefits from
their state-chartered status and lose their exemption from B&O tax and
retail sales tax as a result of the state incorporation status. |
| |
7 WTD 261 |
89-147 |
|
RETAIL SALES TAX -- EXEMPTION --
SALES TO INDIANS -- DELIVERY BY SELLER REQUIRED.Sales of tangible personal property to
Indians by off-reservation persons are subject to the retail sales tax unless
the seller makes actual delivery of the property sold to a point within an
Indian reservation. |
| |
10 WTD 372 |
91-007 |
|
RETAIL
SALES TAX -- TRIBAL MEMBER/NON MEMBER MARITAL COMMUNITY -- LIABILITY OF
SELLER FOR COLLECTION.Tribal member
and his/her non-member spouse will be treated as one with respect to their
liability for sales tax on purchases of goods/services delivered on the
Indianreservation.Any exemptions which the tribal member is
entitled to are extended to the spouse as well. Accord:Det. 87-147, 3 WTD 111 (1987). |
| |
10 WTD 372 |
91-007 |
|
RETAIL
SALES TAX -- LIABILITY OF SELLER FOR COLLECTION -- SALES TO INDIANS ON INDIAN
RESERVATION.Seller is not liable to
collect sales tax on sales to a tribal business when the business' non-tribal
employee /agent is authorized to purchase goods/services for it with the
business' credit card.Delivery must
occur on the reservation.Corporations
chartered by Indian tribes and not registered with the state receive the same
treatment as noncorporate Indian business persons employing non-tribal
employee/agents.However, the above
requirements must be met and all of the shareholders of the corporation must
be registered with the tribe on whose reservation the purchase delivery of
goods/ services occurs .Accord:Det. 88-324, 6 WTD 309 |
| |
14 WTD 67 |
93-317 |
|
INDIANS
-- INDIAN TRIBES -- TRIBAL CORPORATIONS -- CORPORATIONS -- USE TAX.The fact that a corporation organized under
the laws of the state of Washington is wholly owned by registered members of
a federally recognized Indian tribe within Washington, does not imbue that
corporation with the tax exempt status of a tribally chartered
corporation. |
| |
14 WTD 67 |
93-317 |
|
INDIANS
-- CORPORATIONS -- USE TAX -- TRANSACTIONS WITHIN AN INDIAN RESERVATION.A Washington corporation that takes
delivery of tangible personal property within an Indian reservation, or that
receives services performed within an Indian reservation, is liable for
retail sales tax on the value of the goods or services.If the corporation fails to pay the sales
tax, it is liable for use tax on the value of the same goods or services. |
| |
21 WTD 209 |
01-176 |
|
RETAIL SALES TAX – TAX
EXEMPTIONS -- INDIANS – AUTOMOBILE PURCHASES – DELIVERY – OUTSIDE INDIAN
COUNTRY.When an enrolled member of an
Indian tribe takes delivery/possession of an automobile outside of the
enrolled member’s Indian tribal lands, the sale is not exempt from retail
sales tax. |
| |
24 WTD 85 |
03-0353 |
|
RETAIL SALES TAX -- INDIANS -- ENROLLED MEMBERS -- TRIBAL LAND
-- DELIVERY.The “sale to Indiansâ€
retail sales tax exemption applies only to enrolled members of the tribe that
owns the tribal lands where the sale or taxable activity is taking
place.Vehicles delivered to
nonmembers of that tribe are subject to tax. |
| |
27 WTD 83 |
07-0019 |
|
Rule 192;RCW 82.24.040:CIGARETTE TAX – EXEMPTION – SALES TO INDIAN
OR TRIBAL SELLERS.The
delivery, or attempted delivery, of unstamped cigarettes to an Indian or
tribal seller without advance notice to the department will make the person
attempting such delivery liable for payment of the cigarette tax and
penalties.A cigarette wholesaler who
made sales to an Indian or tribal seller without advance notice to the
Department did not qualify for the exemption. |
| |
31 WTD 7 |
10-0307R |
05/31/12 |
RULE 192: RETAIL SALES TAX – TAX EXEMPTION – INDIAN OWNED CORPORATIONS. Rule 192(5)(d) provides a limited tax exemption on business conducted by an Indian owned corporation on the tribal lands of the corporation’s enrolled member. The tax exemptions set forth in Rule 192(5)(a) and (b) are only applicable to specified activities of Indians and Indian tribes and do not apply to Indian owned corporations. |
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