Excise Tax Advisories (ETA)

Excise Tax Advisories (ETAs) are interpretive statements issued by the Department authorized by RCW 34.05.230. ETAs are advisory and used to explain the Department’s policy regarding how tax law applies to a specific issue or set of facts.

Excise Tax Advisories (ETA)

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ETA Number ETA Title ETA Date Filed
3004 Reimbursements for Performance Bond Premiums 02/02/2009
3005 Intervening Use 12/31/2009
3006 Direct Seller’s Use of the Internet, Mail Orders, Direct Calls, etc. 08/05/2010
3009 Sale of Tangible Personal Property by a Joint Venturer to the Joint Venture 02/02/2009
3010 Employee Repayment of Gasoline Costs 02/02/2009
3011 Railroad Switching of Interstate Carriers 02/02/2009
3012 Cash Shortages and Cash Overages 02/02/2009
3014 Self-Produced Fuels 06/17/2024
3015 Camping Clubs Receiving Initiation Fees and Dues Income 02/02/2009
3016 Automobile Towing and Roadside Assistance Services 02/28/2011
3017 Sale of School Photographs 02/02/2009
3018 Dismantling of Equipment as Retail Sales 02/02/2009
3019 How are Port Charges for Dockage, Berthage, and Moorage of Ocean Vessels Taxed 04/29/2014
3020 Measure of Manufacturing Tax on Articles Produced Partly Within and Partly Outside the State 02/02/2009
3021 A Statement of Purpose and Intent with Respect to Issues Involving the Forestry Products Industry 02/02/2009
3022 Retail Sales Tax on Items Used in Meat Processing 02/02/2009
3023 Clearing of Land and Moving of Earth Include Removal of Log Dams and Cleaning Settling Ponds 02/02/2009
3024 Public Works Contracts 09/27/2013
3025 Construction of Private Roads Intended to be Dedicated to the County 02/02/2009
3026 Utility Boxes Used to Ship Cargo in Interstate Commerce 02/02/2009
3027 Purchase and Installation of Fixtures and Equipment on a Vessel Owned by Another 02/02/2009
3028 Payments for Temporary Relocation of Utility Facilities 02/02/2009
3029 Determination of Minimum Value of Tangible Personal Property 02/02/2009
3030 Parking Fees as Income from Rental of Real Estate 02/02/2009
3031 Layaway Charges 02/02/2009
3032 Taxability of Auction Sales of Abandoned Motor Vehicles by a Registered Tow Truck Operator 02/23/2021
3033 Public Road Construction for Private Individuals 02/02/2009
3034 Snow Removal and Power Sweeping of Parking Lots and Roads 02/02/2009
3035 Paving Cuts 02/02/2009
3036 Extermination and Pest Control Services 12/31/2009
3037 Posting Services Performed by an Outdoor Advertising Company on Billboards Owned and Controlled by the Customer 02/02/2009
3038 Deeds of Trust--Trustee Fees 02/02/2009
3039 Agricultural Fair Association Exemption 02/02/2009
3040 Chemicals Used in Processing by the Pulp Industry 12/31/2009
3042 Statute of Limitations Is Not a Defense When a Material Fact Is Misrepresented 02/02/2009
3043 Low Density Light and Power Utility Deduction 05/07/2024
3044 Use Tax Modification to Aircraft Dealers 04/26/2022
3045 Materials Used in Welding Processes 02/02/2009
3046 Tax Liability of Charter Boat Owners and Charter Agencies - Reporting Instructions 02/02/2009
3047 Internet Tax Freedom Act (ITFA) 05/10/2017
3048 Lease Cancellation Payment 02/02/2009
3049 Component Parts of Watercraft: Life Preservers 02/02/2009
3050 Dump Truck Operators 04/07/2021
3051 Business and Occupation Tax Credit on Research and Development Spending for Staffing Companies 07/10/2018
3052 Retail Sales Tax: Road Construction 12/31/2009
3053 Form Oil Purchased by Building Contractors 02/02/2009
3054 Sales to residents of states or possessions of the U.S., and territories or provinces of Canada, that do not impose a tax of at least three percent 02/04/2020
3055 BTA Non-acquiesence 07/30/2020
3056 Taxability of Air Transportation and Other Activities Performed with Aircraft 02/02/2009
3057 Purchase of Billboards: Real Property or Tangible Personal Property 02/02/2009
3058 Electroplates Manufactured and Used By a Printer 02/02/2009
3059 Processing Meat By-Products 02/02/2009
3061 Amounts Awarded for Costs Not Included in the Contract 02/02/2009
3062 Amounts Paid under a Penalty Clause 02/02/2009
3063 Printing Industry Use Tax on Consumable Materials and Supplies 02/02/2009
3065 Oral Instructions Relating to Tax Liability 02/02/2009
3066 Purchase of Personalty for Resale as Realty 06/03/2010
3067 Business & Occupation Tax: Contract Assignments 02/02/2009
3068 Taxability of Highway Construction Contract Projects Administered by Washington State Department of Transportation 12/31/2009
3069 Use Tax on Property Acquired by Inheritance 06/03/2010
3070 Taxable Transfers of Capital Assets 02/02/2009
3071 Public Road Construction Materials – Measure of Tax 02/02/2009
3073 Airplanes Used on Vessels Engaged in Commercial Deep Sea Fishing Operations 02/02/2009
3074 Newspaper Supplements 02/02/2009
3075 Condominiums 02/02/2009
3076 Deductibility of Interest Received on Investments or Loans Primarily Secured by First Mortgages or Trust Deeds on Nontransient Residential Properties 06/27/2023
3077 Use Tax in Relation to Use of Private Airplanes for Business Within and Without The State 02/02/2009
3078 Taxability of Interest from Participation Loans 02/02/2009
3079 Presumption of Use Within Washington When Resident Purchases Property Out of State 02/02/2009
3080 Use of Market Comparisons by Golf Businesses Reporting on the "Actual Records of Facilities Usage" Method 02/02/2009
3082 Donations to Meal Providers 02/02/2009
3083 Deductions in Excess of Income 02/02/2009
3084 Retail Sales Tax - Charges for Towing Damaged or Inoperable Vehicles for Repair 02/28/2011
3085 Eligibility of Taxes for Multiple Activities Tax Credits (MATC) 03/12/2021
3086 Telephone Answering Services 03/24/2021
3087 Bankruptcy Liquidations: Retail Sales and Use Tax 02/02/2009
3088 Taxability of Oil and Chemical Spill Cleanup 02/02/2009
3089 Retail Sales Tax on Telephone Services Sold to Indians 02/02/2009
3090 Sales of Natural Gas Transported from Origins Outside the State to Points in the State 02/02/2009
3092 Hazardous Substance/Petroleum Products Tax, Vessels Operating in Washington Waters 10/05/2015
3093 Prepaid Telephone Debit Cards 12/31/2009
3094 Sales of Drawings and Plans 02/02/2009
3095 Loan Application Deposits 02/02/2009
3096 Fund-raising Activities of Public Schools, Associated Student Body Groups and Parent Teacher Associations 12/31/2009
3097 Deferred Sales Tax 12/31/2009
3098 Health and Physical Fitness Clubs Receiving Initiation Fees and Dues Income 02/02/2009
3099 Measure of the Enhanced Food Fish Tax for Persons with a Direct Retail Endorsement 02/02/2009
3100 Staffing Companies 12/31/2009
3101 National Streamlined Sales and Use Tax Agreement-- Definition of "Tangible Personal Property" 02/02/2009
3102 Alternative Credit Computation Formula Seasonal Employment Manufacturers 02/02/2009
3103 Distinguishing Warranties and Maintenance Agreements 02/02/2009
3104 Physical Fitness Services – Specialized Exercise and Conditioning Activities 03/14/2016
3105 Storing, Inspecting, Testing, and Labeling of Canned Salmon 02/02/2009
3106 Refunds of Over Collected Retail Sales Tax 02/02/2009
3107 Taxability of Credit Bureau Services 05/03/2021
3108 Foreign Trade Zones 02/02/2009
3109 Agricultural Burning Exemption (Prior to July 1, 2005) 02/02/2009
3112 Processing Perishable Meat Products 07/25/2022
3114 Substantial Underpayment Penalty 04/04/2016
3115 Sales to the Washington State National Guard 02/02/2009
3116 Car Sharing Organizations 02/02/2009
3117 Manufacturers’ Machinery and Equipment Exemption 02/02/2009
3118 Manufacturers’ Machinery and Equipment Exemption —Rental of Tangible Personal Property and Providing Tangible Personal Property Along With an Operator 02/02/2009
3119 Manufacturers’ Machinery and Equipment Exemption —Pollution Control Equipment 02/02/2009
3120 Manufacturers’ Machinery and Equipment Exemption —Electrical Apparatus and Utility Systems 02/02/2009
3121 Manufacturers' Machinery and Equipment Exemption —Devices 02/02/2009
3122 Manufacturers' Machinery and Equipment Exemption —Design and Product Development 03/04/2016
3123 Manufacturers’ Machinery and Equipment Exemption — Manufacturing Site 02/02/2009
3124 Manufacturers’ Machinery and Equipment Exemption — Buildings, Fixtures, and Support Facilities 02/02/2009
3125 Manufacturers’ Machinery and Equipment Exemption — Computers 02/02/2009
3126 Manufacturers’ Machinery and Equipment Exemption — Prototypes 02/02/2009
3127 Manufacturers’ Machinery and Equipment Exemption — Research and Development 02/02/2009
3128 Repair Work on Goods Damaged in Transit Ordered by the Shipper, the Carrier, or the Owner 06/13/2023
3130 Deductibility of Repair and Maintenance Costs of Leased Property 02/02/2009
3131 Record Keeping Requirements 02/02/2009
3132 Casual Sales of Motor Vehicles 01/27/2021
3133 Withdrawal of published determinations 07/25/2022
3134 Transactions Between Related Entities 02/02/2009
3135 Applicability of RCW 82.08.0289 Residential Telephone ServiceExemption to Cellular Telephone Service 02/02/2009
3136 Reimbursement of a Venturer in a Joint Venture 02/02/2009
3137 Transfer of Capital Assets to Joint Ventures 02/02/2009
3138 Measure of Retail Sales Tax on a Time and Materials Contract When the Contractor Includes the Retail Sales Tax Paid on Rented Equipment 02/02/2009
3140 Out-of-State Activities Related to Performance of Local Installation Contract 02/02/2009
3141 Retail Sales and Use Tax: Servicemembers’ Civil Relief Act 02/02/2009
3142 Business and Occupation Tax on Sale of or Granting a License to Use Intangibles 02/02/2009
3143 Computer Programs: Retail or Service 02/02/2009
3144 Taxability of Mortgage Escrow Receipts 06/28/2024
3145 Real Estate Brokers -- Shared Commissions and Expenses 02/02/2009
3146 Sale Without Transfer of Possession 02/02/2009
3148 Public Road Construction Included in a Lump Sum General Construction Contract 02/02/2009
3149 Taxability of Gross Income Received by Freight Forwarders 05/06/2019
3150 Payment Prior to Services - When Taxable 02/02/2009
3151 Taxable Transactions by Aircraft Dealers 01/25/2013
3152 Off-Site Component Fabrication by Speculative Builders 05/09/2017
3154 Public Road Construction - Off-Site Activities 02/02/2009
3155 Stimulating Wholesale Sales by Promoting Retail Sales 02/02/2009
3156 Disaster Relief Funds Provided by FEMA and the Red Cross 02/10/2009
3158 Eligibility for the B&O Tax Exemption for Wholesale Sales Between New Car Dealers When Making a Purchase Under an Asset Purchase Agreement 12/11/2009
3159 Internet Protocol (IP) enabled telecommunications service taxability, sourcing, and allocation 11/27/2013
3160 Packers of Horticultural Products and the Taxability of Storage Income 12/30/2009
3161 Apportionment of Income by Stockbrokers and Security Houses 05/13/2011
3162 Aerospace "tooling" under Substitute Senate Bill 6828 01/14/2010
3163 Qualifying Equipment under the Data Center Exemption 03/15/2011
3165 Dry Stack Boat Storage 02/18/2011
3166 5% Substantial Underpayment Penalty May Apply to Non-Qualifying Purchases under the Deferral Programs 12/06/2016
3167 Taxability of Fees Charged for Amusement and Recreation Services 03/14/2016
3168 Meal Assembly Kitchens 08/19/2011
3169 Sourcing Wholesale Sales of Non-Mobile Telecommunications Services 12/28/2011
3170 Sales Tax Sourcing for Installed Manufactured and Modular Homes 01/10/2012
3171 Taxation of Dark Fiber (unlit fiber optic cable) 04/05/2012
3172 Contests of Chance 10/24/2012
3173 Grocery Stores: Manufacturer/Distributor Discounts and Scan-Down Allowances 06/28/2019
3174 B&O Tax and Out-of-State Printers 05/17/2013
3175 Purchases made with Funds Provided by the Federal Government 09/14/2018
3176 Digital Products-General Implementation 09/03/2013
3177 Digital Products-General Analysis of Tax Liability 09/03/2013
3178 Domestic International Sales Corporations 07/19/2013
3179 Washington State Estate Tax Treatment of Same-Sex Spouses 08/15/2013
3180 Warehousing/Reselling Prescription Drug B&O Tax Preference 09/25/2013
3181 Paymasters and Employers of Record 09/27/2013
3183 International Investment Management Services 10/12/2022
3184 Prepared Food Sales Applying the 75% Test Computation to Multiple Business Establishments 11/27/2013
3185 Sourcing and Attribution of Income on Leases and Rentals of Tangible Personal Property 01/16/2014
3186 Use Tax Liability for Lessees on Leased Tangible Personal Property 01/16/2014
3187 Operationally Complete and Tax Deferral Projects 07/10/2018
3188 Grain Elevators 12/28/2020
3189 Taxability of Alarm Monitoring Services 12/21/2018
3190 Hazardous Substance Tax, Biodiesel (B100), and B99.9/B99 Biodiesel Blend 05/05/2014
3191 Rewards Programs 12/15/2022
3192 Professional Employer Organizations 10/09/2014
3193 Sourcing Dark Fiber Sales 11/04/2014
3194 Impact of Getty Images Decision 01/22/2015
3195 Economic Nexus Minimum Thresholds 01/13/2020
3196 B&O Deduction for Affiliated Qualified Employers of Record 08/24/2023
3197 Renewable Energy System Cost Recovery Incentive and Condommiums 08/25/2015
3198 Taxability of Home Service Contracts and Mixed Service Contracts 01/12/2016
3199 Non-Business Money Transfer Services 03/29/2017
3200 Use Tax on Tangible Personal Property Temporarily Used in Washington for Business Purposes 04/19/2017
3201 Disclosure of Confidential Taxpayer Information at the Board of Tax Appeals or a Court 04/19/2017
3202 Deductibility of Membership Dues Paid to Chambers of Commerce and Visitor Bureaus 05/31/2017
3203 Use of a Tribal Resale Exemption Certificate 06/27/2017
3204 Credit Card Processors 06/27/2017
3205 Taxability of Telecommunications Support Payments 06/28/2024
3206 Retail Sales and Use Tax Exemption for Sales of Nebulizers in the Form of a Refund 04/16/2018
3207 Enhanced Delivery Services 05/10/2018
3208 Special Clean up Jobs Required by Construction, Fires, Floods, and Other Similar Events or Emergencies 05/23/2018
3209 Non-routine or Specialized Cleaning and Restoration Activities Distinguished from Janitorial Services 05/23/2018
3210 Manufacturing Airplane Materials or Components and Eligibility for the Preferential Aerospace B&O Tax Rate 12/09/2020
3211 Taxability of Firefighting Activities 03/19/2019
3212 Day Trips for Sightseeing Purposes 04/05/2019
3213 Data Center Exemption Duration 05/22/2023
3214 B&O Tax Exemption for Amounts Received by a Financial Institution from Affiliates 06/27/2019
3215 Graduated Real Estate Excise Tax (REET): Land Classifications & Predominant Use 03/20/2020
3216 The Real Estate Excise Tax Controlling Interest Transfer 36-Month Lookback Period 11/05/2019
3217 Tax Exemption for Constructing New Buildings for Aerospace Manufacturing 06/25/2020
3218 Collection Agents: Requirements to exclude certain amounts from gross income 01/06/2020
3219 Taxability of Cemetery Endowment Care Funds 02/05/2020
3220 Taxability of Cooperative Advertising Receipts 07/27/2020
3221 Data Center Exemption: Qualifying Tenant Exemption & Data Centers Consisting of Multiple Buildings 04/23/2024
3222 Sales of Feminine Hygiene Products 01/14/2021
3223 Taxability of Restaurant and Grocery Delivery Services 05/07/2021
3224 Taxability of Shared Loss Payments from FDIC 05/12/2021
3225 Construction on Real Property “of or for” the United States 06/23/2021
3226 Applicability of Leasehold Excise Tax to Leases of Dark Fiber from Public Owners 07/01/2021
3227 Taxability of Salmon Recovery Grants Received by Nonprofit Organizations 08/24/2021
3228 Retail Sales and Use Tax on Goodwill Vehicle Repairs 09/24/2021
3229 Nonprofit Organizations Receiving Governmental Funds for Habitat Restoration Projects 10/12/2021
3230 Membership Fees and Dues Allocation 10/22/2021
3231 Applicability of Leasehold Excise Tax to Occupancy and Use of Public Sidewalks by Private Businesses 06/02/2022
3232 Estate Tax Deduction for Selling Expenses Incurred in Administering an Estate 06/08/2022
3233 Discount Vouchers and Other Types of Payment or Credit Vouchers 06/09/2022
3234 Blending of Petroleum Products at Storage Terminals 06/27/2022
3235 Preemption of Retail Sales Tax related to Tribal Fishing, Hunting, and Gathering 11/22/2022
3236 AT&T Services, Inc. v. Department of Revenue 12/21/2022
3237 Prosthetic Devices Sold by Chiropractors 05/22/2023
3238 Interest Received on Direct Obligations of the Federal Government 05/22/2023
3239 Estate Tax Deduction for Qualified Family-Owned Business Interests: Real Estate Activities 08/09/2023
3240 Working Families Tax Credit – Annual Updates 01/02/2024