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WAC 196 Bad Debts                
SOURCE DOCUMENT DETER. NO DATE OF ISSUE DESCRIPTION  
         
WAC: 458-20-196   01/08/2006 Bad Debts  
           
         
RCW: 82.04.070   1961 "Gross proceeds of sales."  
  82.04.080   1961 "Gross income of the business."  
  82.04.4284   2004 Deductions -- Bad debts.  
  82.04.450   1983 Value of products, how determined.  
  82.08.037   2004 Credits and refunds for bad debts.  
  82.12.037   2004 Credits and refunds -- Bad debts.  
  82.16.050   2007 Deductions in Computing tax.  
           
         
ETA:        
           
         
INDUSTRY GUIDES:        
           
         
SPECIAL NOTICES:        
Bad Debt Deduction 04/19/10 Bad Debt Deduction - Limited  
         
DIRECTIVE: NONE        
           
         
RPM: NONE        
           
         
WTD: 2 WTD 109 85-117B   SALES TAX -- BAD DEBTS -- LEASE ACCRUALS BEFORE REPOSSESSION -- ACCRUAL v. CASH BASIS ACCOUNTING.Automobile lease payment deficiencies, accrued and booked as income on the accrual basis, were subject to retail sales tax for periods before January 1, 1983 (RCW 82.08.100), the bad debt deduction for sales tax, even though approved for payment to the state on the cash basis.  
  2 WTD 361 87-71   RETAIL SALES TAX -- DEDUCTION -- BAD DEBTS -- RECOVERIES. A seller is entitled to a credit or refund for sales taxes previously paid on bad debts only if the seller can specifically identify the sales for which the credit is claimed.  
  5 WTD 129 88-141   B&O TAX -- DEDUCTION -- BAD DEBTS -- DISCOUNT. A taxpayer cannot declare the discount associated with the sale of accounts receivable as a credit loss or bad debt.  
  7 WTD 57 86-35A   RETAIL SALES TAX -- DEDUCTION -- BAD DEBTS -- FAILURE OF CONSIDERATION. The bankruptcy of a construction contractor/seller to collect payment for the work performed does not excuse the sales tax liability on the agreed selling price. Buyer's bankruptcy does not result in total failure of consideration for taxation purposes; the requirements of RCW 82.08.100 and Rule 196 must still be met for bad debts deductions.  
  8 WTD 52-1 89-329   B&O TAX -- DEDUCTION -- REPOSSESSIONS. A manufacturer who resells its goods after they have been repossessed from its dealer by a lender may not deduct the difference between the list price of the goods and the resale price from the measure of its B&O tax.  
  9 WTD 175 90-87   SALES TAX -- INSTALLMENT CONTRACT -- ASSIGNMENT -- DEFAULT -- REFUND. The assignment of an installment contract from an auto dealer to a bank does not include a right of the bank to obtain a refund of sales tax from the Department in the event the auto buyer defaults and the car is repossessed.  
  17 WTD 162 97-219R   INSTALLMENT SALES -- STOLEN OR DESTROYED MOTOR VEHICLES -- BAD DEBTS.A used car dealer may not treat installment sales as bad debts for Rule 196 purposes when it forgives debts for vehicles that are stolen or destroyed and it has charged the buyers additional amounts in anticipation that such events might occur.  
  22 WTD 43 01-076   RCW 82.04.4284; ETA 574:B&O TAX – MEASURE – BAD DEBT DEDUCTION – ASSIGNMENT.A creditor who purchases notes from a retailer upon which the debtor defaults, may not take a credit for B&O taxes paid by the retailer.Puget Sound National Bank v. Department of Rev., 123 Wn.2d 284, 868 P.2d 127 (1994) distinguished.  
  23 WTD 55 01-075   RETAIL SALES TAX -- CREDIT FOR BAD DEBTS --ASSIGNMENT --PUGET SOUND CASE -- ACTUALLY INCURRED THE LOSS.An assignee of account receivables originating from the sale of retail goods was allowed a credit for bad debts only to the extent that the assignee actually incurred a financial loss and the amounts actually reflected uncollected retail sales tax.  
  23 WTD 55 01-075   RETAIL SALES TAX – CREDIT FOR BAD DEBTS --FINANCING ACTIVITIES:A financing company that extended credit directly to a store’s customers was not entitled to a retail sales tax credit for bad debts.  
  23 WTD 64 01-075ER   RETAIL SALES TAX – BAD DEBT CREDIT -- FINANCIAL BUSINESSES -- PRIVATE LABEL CREDIT CARD. A financing business that offered private label credit card services to a retail store’s customers was not entitled to a retail sales tax credit for bad debts where it was not the person that previously paid the retail sales taxes to the state.  
  24 WTD 156 03-0097E   RETAIL SALES TAX -- BAD DEBTS -- DEDUCTIBLE BY A THIRD PARTY LENDER.Third party lenders may take a retail sales tax bad debt deduction when the seller assigns to the lender all its rights under the conditional sales contract.No bad debt deduction is allowed a third party lender where the seller did not assign its full rights under the contract to the lender.  
  24 WTD 262 04-0158   RETAIL SALES TAX – BAD DEBT CREDIT – RETAILER – PRIVATE LABEL CREDIT CARD.A retailer whose customers purchased goods using a private label credit card is not entitled to a retail sales tax credit for the bad debts the financial institution that issued the credit card incurs. The bad debt credit is not available because the retailer did not incur the bad debt.  
  31 WTD 43 10-201 06/28/2012 RULE 196; RCW 82.08.037 – RETAIL SALES TAX – CREDIT OR REFUND
FOR BAD DEBTS – REPOSSESSIONS. The amount of any credit or refund for sales and use taxes previously paid on “bad debts” must be adjusted to exclude amounts attributable to the value of repossessed property taken in payment of debt.		  
  31 WTD 43 10-201 06/28/2012 RULE 196; RCW 82.04.4284 – RETAILING B&O TAX – CREDIT OR
REFUND FOR BAD DEBTS – REPOSSESSIONS. The “bad debts” may be deducted from the measure of tax for B&O tax purposes, but that “bad debt” deduction is not to include the value of repossessed property. If a deduction is taken for a bad debt and the debt is subsequently collected in whole or in part (including by repossession), the tax on the amount collected must be paid and reported on the return filed for the period in which the collection is made.		  
           
         
OTHER: