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3. Athletic Exhibitions. This chapter shall not apply to any person in respect to the <br /> business of conducting boxing contests and sparring or wrestling matches and exhibitions <br /> for the conduct of which a license must be secured from the State Boxing Commission. <br /> 4. Racing. This chapter shall not apply to any person in respect to the business of <br /> conducting race meets for the conduct of which a license must be secured from the <br /> Washington State Horse Racing Commission. <br /> 5. Ride Sharing. This chapter does not apply to any funds received in the course of <br /> commuter ride sharing or ride sharing for persons with special transportation needs in <br /> accordance with RCW 46.74.010. <br /> 6. Employees. <br /> a. This chapter shall not apply to any person in respect to his or her employment in <br /> the capacity as an employee or servant as distinguished from that of an independent <br /> contractor. For the purposes of this section, the definition of employee shall include those <br /> persons that are defined in Section 3121(d)(3)(B) of the Internal Revenue Code of 1986, <br /> as amended through January 1, 1991. <br /> b. A booth renter, as defined by RCW 18.16.020, is an independent contractor for <br /> purposes of this chapter. <br /> 7. Amounts Derived from Sale of Real Estate. This chapter shall not apply to gross <br /> proceeds derived from the sale of real estate. This, however, shall not be construed to <br /> allow an exemption of amounts received as commissions from the sale of real estate, nor <br /> as fees, handling charges, discounts, interest or similar financial charges resulting from, <br /> or relating to, real estate transactions. <br /> 8. Mortgage Brokers' Third-Party Provider Services Trust Accounts. This chapter <br /> shall not apply to amounts received from trust accounts to mortgage brokers for the <br /> payment of third-party costs if the accounts are operated in a manner consistent with <br /> RCW 19.146.050 and any rules adopted by the director of financial institutions. <br /> 9. Amounts Derived from Manufacturing, Selling or Distributing Motor Vehicle <br /> Fuel. This chapter shall not apply to the manufacturing, selling, or distributing of motor <br /> vehicle fuel, as the term "motor vehicle fuel" is defined in RCW 82.36.010 and exempt <br /> under RCW 82.36.440; provided, that any fuel not subjected to the state fuel excise tax, <br /> or any other applicable deduction or exemption, will be taxable under this chapter. <br /> 10. Amounts Derived from Liquor, and the Sale or Distribution of Liquor. This <br /> chapter shall not apply to liquor as defined in RCW 66.04.010(15) and exempt in RCW <br /> 66.08.120. <br /> 11. Casual and Isolated Sales. This chapter shall not apply to the gross proceeds <br /> derived from casual or isolated sales. <br /> 12. Accommodation Sales. This chapter shall not apply to sales for resale by persons <br /> regularly engaged in the business of making retail sales of the type of property so sold to <br /> other persons similarly engaged in the business of selling such property where (a) the <br /> amount paid by the buyer does not exceed the amount paid by the seller to the vendor in <br /> Page 46 of 56 <br />