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I <br /> 1 1-07.2 State Sales Tax I <br /> 2 Delete this Section, including sub-sections, in its entirety and replace it with the following: <br /> 3 <br /> I <br /> 4 1-07.2(1) General <br /> 5 The Washington State Department of Revenue has issued special rules on the State sales <br /> 6 tax. Sections 1-07.2(1) through 1-07.2(4) are meant to clarify those rules. The Contractor <br /> I <br /> 7 should contact the Washington State Department of Revenue for answers to questions in <br /> 8 this area. The Contracting Agency will not adjust its payment if the Contractor bases a Bid <br /> 9 on a misunderstood tax liability. <br /> 10 <br /> 11 The Contractor shall include all Contractor-paid taxes in the unit Bid prices or other <br /> 12 Contract amounts. In some cases, however, State retail sales tax will not be included. <br /> 13 Section 1-07.2(3) describes this exception. I <br /> 14 <br /> 15 The Contracting Agency will pay the retained percentage only if the Contractor has <br /> 16 obtained from the Washington State Department of Revenue a certificate showing that all <br /> 17 Contract-related taxes have been paid (RCW 60.28.050). The Contracting Agency may <br /> 18 deduct from its payments to the Contractor any amount the Contractor may owe the <br /> 19 Washington State Department of Revenue, whether the amount owed relates to this <br /> 20 Contract or not. Any amount so deducted will be paid into the proper State fund. <br /> 21 <br /> 22 1-07.2(2) State Sales Tax— Rule 171 <br /> 23 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, <br /> 24 roads, etc., which are owned by a municipal corporation, or political subdivision of the <br /> 25 State, or by the United States, and which are used primarily for foot or vehicular traffic. This <br /> 26 includes storm or combined sewer systems within and included as a part of the street or <br /> 27 road drainage system and power lines when such are part of the Roadway lighting system. <br /> 28 For Work performed in such cases, the Contractor shall include Washington State Retail <br /> 29 Sales Taxes in the various unit Bid item prices, or other Contract amounts, including those <br /> 30 that the Contractor pays on the purchase of the materials, Equipment, or supplies used or <br /> 31 consumed in doing the Work. <br /> 32 <br /> 33 1-07.2(3) State Sales Tax— Rule 170 <br /> 34 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or <br /> 35 existing buildings, or other Structures, upon real property. This includes, but is not limited <br /> 36 to, the construction of streets, roads, Highways, etc., owned by the State of Washington; <br /> 37 water mains and their appurtenances; sanitary sewers and sewage disposal systems <br /> 38 unless such sewers and disposal systems are within, and a part of, a street or road <br /> 39 drainage system; telephone, telegraph, electrical power distribution lines, or other conduits <br /> 40 or lines in or above streets or roads, unless such power lines become a part of a street or <br /> 41 road lighting system; and installing or attaching of any article of tangible personal property <br /> 42 in or to real property, whether or not such personal property becomes a part of the realty by <br /> 43 virtue of installation. 11 <br /> 44 <br /> 45 For Work performed in such cases, the Contractor shall collect from the Contracting <br /> 46 Agency, retail sales tax on the full Contract price. The Contracting Agency will <br /> 47 automatically add this sales tax to each payment to the Contractor. For this reason, the <br /> 48 Contractor shall not include the retail sales tax in the unit Bid item prices, or in any other <br /> 49 Contract amount subject to Rule 170, with the following exception. <br /> 50 <br /> City of Everett Page SP1-40 Special Provisions I Everett Station 80 Stall Parking Expansion June 2019 <br /> I <br />