Wash. Rev. Code § 82.08.970

Current through the 2024 Regular Session

Section 82.08.970 - [Contingent effective date; contingent expiration date] Exemptions-Gases and chemicals used to manufacture semiconductor materials

(1) The tax levied by RCW 82.08.020 does not apply to sales of gases and chemicals used by a manufacturer or processor for hire in the manufacturing of semiconductor materials. This exemption is limited to gases and chemicals used in the manufacturing process to grow the product, deposit or grow permanent or sacrificial layers on the product, to etch or remove material from the product, to anneal the product, to immerse the product, to clean the product, and other such uses whereby the gases and chemicals come into direct contact with the product during the manufacturing process, or uses of gases and chemicals to clean the chambers and other like equipment in which such processing takes place. For the purposes of this section, "semiconductor materials" has the same meaning as provided in RCW 82.04.241.

(2) A person claiming the exemption under this section must file a complete annual tax performance report with the department under RCW 82.32.534. No application is necessary for the tax exemption. The person is subject to all of the requirements of chapter 82.32 RCW.

(3) Any person who has claimed the exemption under this section must reimburse the department for 50 percent of the amount of the tax preference under this section if the number of persons employed by the person claiming the tax preference is less than 90 percent of the person's three-year employment average for the three years immediately preceding the year in which the exemption is claimed.

(4) Pursuant to RCW 82.32.790, this section is contingent on the siting and commercial operation of a significant semiconductor microchip fabrication facility in the state of Washington.

(5) This section expires January 1, 2034, unless the contingency in RCW 82.32.790(2) occurs.

RCW 82.08.970

Amended by 2024 c 261,§ 6, eff. 3/26/2024.

Amended by 2017SP3 c 37,§ 520, eff. 1/1/2018.

Amended by 2017SP3 c 37,§ 519, eff. 10/19/2017, exp. 1/1/2018.

Amended by 2017 c 135,§ 24, eff. upon the siting and commercial operation of a significant semiconductor microchip fabrication facility in the state of Washington.

Amended by 2010 c 114, § 125, eff. upon the siting and commercial operation of a significant semiconductor microchip fabrication facility in the state of Washington.

2003 c 149 § 7.

Tax preference performance statement exemption-Effective date- 2024 c 261 s s 2-9: See notes following RCW 82.04.241.

Effective date-2017 3rd sp.s. c 37 ss 101-104, 403, 503, 506, 508, 510, 512, 514, 516, 518, 520, 522, 524, 526, 703, 705, 707, and 801-803: See note following RCW 82.04.2404.

Expiration date-2017 3rd sp.s. c 37 ss 502, 505, 507, 509, 511, 513, 515, 517, 519, 521, 523, and 525: See note following RCW 82.04.2404.

Contingent effective date- 2017 c 135; 2010 c 114 : See RCW 82.32.790.

Effective date- 2017 c 135 : See note following RCW 82.32.534.

Finding-Intent- 2010 c 114 : See note following RCW 82.32.534.

Findings-Intent-2003 c 149: See note following RCW 82.04.426.