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2. Where such products, including by-products, are extracted or manufactured for <br /> commercial or industrial use; and where such products, including by-products, are <br /> shipped, transported or transferred out of the city, or to another person, without prior sale <br /> or are sold under circumstances such that the gross proceeds from the sale are not <br /> indicative of the true value of the subject matter of the sale; the value shall correspond as <br /> nearly as possible to the gross proceeds from sales in this state of similar products of like <br /> quality and character, and in similar quantities by other taxpayers, plus the amount of <br /> subsidies or bonuses ordinarily payable by the purchaser or by any third person with <br /> respect to the extraction, manufacture, or sale of such products. In the absence of sales of <br /> similar products as a guide to value, such value may be determined upon a cost basis. In <br /> such cases, there shall be included every item of cost attributable to the particular article <br /> or article extracted or manufactured, including direct and indirect overhead costs. The <br /> director may prescribe rules for the purpose of ascertaining such values. <br /> 3. Notwithstanding subsection 2 of this definition, the value of a product <br /> manufactured or produced for purposes of serving as a prototype for the development of a <br /> new or improved product shall correspond to (a) the retail selling price of such new or <br /> improved product when first offered for sale; or (b) the value of materials incorporated <br /> into the prototype in cases in which the new or improved product is not offered for sale. <br /> "Value proceeding or accruing" means the consideration, whether money, credits, <br /> rights, or other property expressed in terms of money, a person is entitled to receive or <br /> which is actually received or accrued. The term shall be applied, in each case, on a cash <br /> receipts or accrual basis according to which method of accounting is regularly employed <br /> in keeping the books of the taxpayer. <br /> "Wholesaling" means engaging in the activity of making sales at wholesale, and is <br /> reported under the wholesaling classification. <br /> Section 2. Section 1 of Ordinance No. 2810-04, as amended by Section 3 of Ordinance No. <br /> 3042-07, which reads as follows: <br /> 3.24.077 Allocation and apportionment of income when activities take place in more <br /> than one jurisdiction. <br /> Effective January 1, 2008, gross income, other than persons subject to the provisions of <br /> Chapter 82.14A RCW, shall be allocated and apportioned as follows: <br /> A. Gross income derived from all activities other than those taxed as service or <br /> royalties under Section 3.24.050(A)(7) shall be allocated to the location where the <br /> activity takes place. <br /> B. In the case of sales of tangible personal property, the activity takes place where <br /> delivery to the buyer occurs. <br /> C. Gross income derived from activities taxed as services and other activities taxed <br /> under Section 3.24.050(A)(7) shall be apportioned to the city by multiplying <br /> Page 34 of 56 <br />