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WAC 257 Warranties and maintenance agreements.          
SOURCE DOCUMENT DETER. NO DATE OF ISSUE DESCRIPTION  
         
WAC: 458-20-257   10/20/2005 Warranties and maintenance agreements.  
    05/02/1990 Warranties and maintenance agreements.Effective 6/2/90  
           
         
RCW: 82.04.050   1997 "Sale at retail," "retail sale."  
  82.32.070   1999 Records to be preserved--Examination--Estoppel to question assessment--Unified business identifier account number records.  
           
         
ETA: 3103.2009 2/2/09 Distinguishing warranties and maintenance agreements  
  2022.08.257 1/4/05 Distinguishing Warranties and Maintenance Agreements  Has been revised and is no longer in effect as of June 28, 2005.  
  2022.08.257 r1 6/24/05 Distinguishing Warranties and Maintenance Agreements Revised 2/2/09 See ETA 3103.2009  
         
INDUSTRY GUIDES:        
           
         
SPECIAL NOTICES:        
Subject Title Reference:        
Warranties 06/15/05 Corrected Extended Warranties Now Subject to Sales Tax 12/09  
Warranties   06/17/2005 Extended Warranties Now Subject to Sales Tax  
         
DIRECTIVE: 8257.1   06/11/1991 Extended Warranty Repealed 6/30/2000 - This document was issued to explain how the Department would administer the change in tax-reporting responsibilities for extended warranties to implement the Thurston County Superior Court’s decision in Sound Hyundai, Inc. v. State of Washington.WAC 458-20-257 currently provides accurate and complete tax-reporting instructions and AD 8257.1 is no longer needed.  
           
         
RPM: None        
           
         
WTD: 11 WTD 337 91-164   CAB MAINTENANCE -- RETAILING B&O -- SALES TAX. Charges to drivers/lessees for cab maintenance are subject to Retailing B&O and retail sales tax.  
  13 WTD 302 93-158   RETAIL SALE -- USE/DEFERRED SALES TAX -- CANNED SOFTWARE -- COMPUTER TELEPHONE SUPPORT SERVICES -- COMPUTER TRAINING -- WARRANTY -- MAINTENANCE -- MIXED AGREEMENTS -- SEGREGATION OF CHARGES. Payments to a vendor of canned software for the training of employees are not subject to sales tax if separately stated from the charges for software maintenance.However, charges for maintenance of canned software are subject to use/deferred sales tax. Where payments are not adequately segregated, the combined charge will be subject to use/deferred sales tax.  
  13 WTD 385 93-270   B&O TAX -- RETAIL SALES TAX/USE TAX -- WARRANTY V. MAINTENANCE V. "MIXED" AGREEMENTS -- CONTRACT -- CONSTRUCTION -- INTENT OF THE PARTIES. Under current case law, in construing whether a taxpayer has entered into a warranty, maintenance, or mixed contract, onemust use the "context rule" in construing the legal effect of the contract; i.e., one must look to all circumstances surrounding the makingof the contract and subsequent conduct of the contracting parties to aid in determining their intent, and such extrinsic evidence should be considered even if the language is plain and unambiguous. Held: Contract, which on its face provided that customer might receive preventative maintenance and upgrades only at seller-taxpayer's option, held to be a maintenance contract when totality of circumstances surrounding the contract were reviewed.  
  15 WTD 33 94-125   USE TAX -- EXTENDED WARRANTIES -- EXCHANGES AND REPLACEMENTS -- REPAIR PARTS. When a company under an extended warranty provides for the replacement of defective equipment with refurbished equipment, it must pay use tax on the parts it uses to refurbish the equipment because it is the consumer of those parts.  
  18 WTD 74 98-151E   RETAIL SALES TAX -- B&O TAX -- COMPUTER SERVICES -- COMBINED BILLINGS.A computer system company’s receipts from billings, which include charges for updates and modifications to “canned software” are taxable under the retailing classification and subject to retail sales tax unless records adequately segregate charges for software and services taxable under the retailing classification from other services normally taxed under other classifications, ACCORD: Det. No. 93-158, 13 WTD 302 (1994); Det. No. 89-43A, 8 WTD (1989).  
  19 WTD 54 99-056   RETAILING B&O TAX – RETAIL SALES TAX – PERSONAL COMPUTERS - EXTENDED WARRANTY REPAIRS.When a person other than the warrantor makes a repair for the warrantor under an extended warranty not included in the retail selling price of the article, that person is making a retail sale of the repair service to the warrantor.The person making the repair must collect retail sales tax from the warrantor as measured by the labor and materials provided.That person must also report its gross income from making such repairs under the retailing B&O tax classification.  
  19 WTD 618 99-345   RETAIL SALE -- USE/DEFERRED SALES TAX -- CANNED SOFTWARE -- COMPUTER TELEPHONE SUPPORT SERVICES -- COMPUTER TRAINING -- WARRANTY -- MAINTENANCE --MIXED AGREEMENTS -- SEGREGATION OF CHARGES.Charges for mixed services to canned software are subject to use/deferred sales tax.Software maintenance includes "extended warranty" of installed software; annual software releases to fix "bugs"; new codes, security records, and tables; written documentation on the changes made, including installation instructions; and testing and distribution of system software upgrades.These services include both warranty and maintenance services.Under Rules 107 and 257, mixed agreements are taxed as maintenance agreements, subject to sales or use tax.Where payments are not adequately segregated, the combined charge will be subject to use/deferred sales tax.  
  20 WTD 348 00-004   USE TAX -- EXTENDED WARRANTIES.A retail tire dealer is subject to use tax on new replacement tires it provides customers who return defective tires pursuant to extended warranties the dealer sold to the customers.  
           
         
OTHER: