WAC 163

Bail Bond Agency Guide to Excise Taxes

Exemptions--Insurance business.

Exemptions--Certain fraternal and beneficiary organizations.

These rules all refer to resale certificates. Proposed action is to add standard language to recognize reseller permits for sales made on or after January 1, 2010.

Insurance companies

Insurance companies Effective 3/16/91

The issue before us is whether Factory Mutual is an organization integral to its Parent Companies (a department or division) thereby enjoying the benefits afforded by RCW Title 48 or a separate entity liable for the B&O taxes identified in RCW Title 82.And, if it is identified as the latter, can its activities be defined within the meaning of "insurance business" and therefore allow it to meet the requirements of Chapter 48.14 RCW.

B&O TAX -- PREMIUM TAX -- INSURANCE BUSINESS -- EXEMPTION.The exemption provided by RCW 82.04.320 supplies to insurance business only.The premium tax established by Chapter 48 is in lieu of all other taxes on insurance premiums, including taxes on income from insurance business activities.

B&O TAX -- PREMIUM TAX -- INSURANCE BUSINESS -- EXEMPTION -- MORTGAGE LENDING.The preemptive language of RCW 48.14.080 applies for interest income derived from loans by insurance companies secured by mortgages on residential and commercial property.Insurance companies which internally perform mortgage lending activities in marshaling such loans are engaging in business activities which are functionally related to the insurance business.

B&O TAX -- PRINTING AND PUBLISHING -- IN-HOUSE PRINTING -- INSURANCE COMPANY.An insurance company that prints and publishes items for its own use is subject to B&O tax on the costs for materials, labor, and overhead.

B&O TAX -- PREMIUM TAX -- INSURANCE BUSINESS -- EXEMPTION -- ETB 380.08.163.The exemption provided by RCW 82.04.320 does not apply to any business engaged in by an insurance company other than its insurance business.The premium tax established by Chapter 48 is in lieu of all other taxes on insurance premiums, but not in lieu of B&O taxes on income from other business activities engaged in by an insurance company.

THIS DETERMINATION HAS BEEN OVERRULED OR MODIFIED IN WHOLE OR PART BY DET.NO. 93-269ER, 14 WTD 153 (1995).

B&O TAX -- INTEREST -- LOANS TO AFFILIATES -- INSURANCE COMPANY.Interest received by an insurance company from loans to affiliates is not income received from the insurance business; thus the assessment of B&O tax on the interest income is not prohibited by RCW 48.14.080 or RCW 82.04.320.

B&O TAX -- INSURANCE AGENTS -- INCOME -- SOURCE -- LOSS PREVENTION SERVICE -- INSURANCE BUSINESS DISTINGUISHED.Income received by a partnership of three insurance companies for providing a loss prevention service to its owner companies is subject to B&O tax.Such income is not received for insuring for which a premium is received; therefore the exemption provided for insurance companies is not applicable.

B&O TAX -- INSURANCE AGENTS.The exemption provided by RCW 82.04.320 does not apply to any business engaged in by an insurance company other than its insurance business.The premium tax established by Chapter 48 is in lieu of all other taxes on insurance premiums, but not in lieu of B&O taxes on income from other business activities engaged in by an insurance company.

BUSINESS AND OCCUPATION TAX - SEPARATE LEGAL ENTITY - EXEMPTION FOR INSURER.As a separate entity, an association, which was owned by its parent insurance companies, could not be considered an insurer and was not exempt from the business and occupation tax. RCW 48.14.080; RCW 48.01.050.

BUSINESS AND OCCUPATION TAX - SEPARATE LEGAL ENTITY OF ASSOCIATION OWNED BY PARENT INSURANCE COMPANIES.An association providing information to its parent insurance companies which each used to evaluate the property risks that they insured was not an integral part of the parent companies and thus was a separate entity liable for the business and occupation tax.

B&O TAX -- EXEMPTION -- INSURANCE BUSINESS.The gross premiums tax established by Title 48 RCW is in lieu of all other taxes on the insurance business, but not in lieu of B&O tax on income from business activities which are not functionally related to the insurance business.