WAC 208

Used vehicle.

Definitions

"Sale," "casual or isolated sale," "lease or rental."

Tax on wholesalers.

Exemptions -- Wholesale sales of motor vehicles.

Exemptions-Accommodation sales.

Accommodation sales. Exemptions for adjustments of new motor vehicle inventory between new car dealers and accommodations sales.

Accommodation sales. Exemptions for adjustments of new motor vehicle inventory between new car dealers and accommodations sales.Effective 4/17/03.

Eligibility for the B&O Tax Exemption for Wholesale Sales Between New Car Dealers When Making A Purchase Under an Asset Purchase Agreement. This Excise Tax Advisory explains how the B&O tax exemption provided by RCW 82.04.422(2) for wholesale sales of new motor vehicles between new car dealers applies when the sale is made under the terms of an "Asset Purchase Agreement" (APA).

EXCHANGE AGREEMENT INVOLVING INVENTORY--This ETA is cancelled effective 4/21/03. See WAC 458-20-208 (Exemptions for adjustments of new motor vehicle inventory between new car dealers and accommodation sales).

INTERCOMPANY LOANS OF GASOLINE, OIL, AND SIMILAR PRODUCTSSee WAC 458-20-208 (Exemptions for adjustments of new motor vehicle inventory between new car dealers and accommodation sales). Cancelled effective 4/21/03.

B&O TAX -- DEDUCTION -- ACCOMMODATION SALES --COMMISSIONS -- INAPPLICABILITY. The "accommodation sale" deduction applies to B&O retailing or wholesaling tax liability, not the rendition of services. Rule 208 inapplicable to the payment of commission income relative to the sale of securities. THIS DETERMINATION HAS BEEN OVERRULED OR MODIFIED IN WHOLE OR PART BY DET.NO. 01-006, 20 WTD 124 (2001).

ACCOMMODATION SALE -- OIL EXCHANGE.Crude oil exchanges do not qualify for exemption under RCW 82.04.425 unless the recipient has a bona fide existing order.

WHOLESALING B&O TAX – ACCOMMODATION SALE: AUTOMOBILE DEALER.Failure of an initiating automobile dealer of an accommodation sale to meet the requirement of keeping in its records a bona fide existing order of a customer prevents the dealer/taxpayer from deducting wholesaling B&O tax for that sale from its gross income.

B&O TAX -- EXEMPTION -- STATUTORY CONSTRUCTION -- ACCOMMODATION SALES. Exemption will be denied when taxpayer records do not indicate sales were made to fill existing orders, additional costs are not separately invoiced and do not accurately represent those costs actually incurred by the taxpayer, and such "added costs" have never been submitted to the Department for a ruling. Yakima Fruit Growers cited in support of rule of statutory construction that statutes exempting a tax must be strictly construed in favorof the tax.

B&O TAX -- WHOLESALING -- INTERCOMPANY TRANSACTIONS -- INTERCOMPANY TRANSFERS (LOANS) OF INVENTORY -- CLAIMED NOMINAL OR NO CONSIDERATION -- ACTUAL "REPAYMENT" IN KIND.