Temporary staffing/sales tax

AN ACT Relating to exempting temporary staffing services from 1
retail sales tax; amending RCW 82.04.050; and creating a new section.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 82.04.050 and 2025 c 422 s 101 are each amended to 4
read as follows: 5
(1)(a) "Sale at retail" or "retail sale" means every sale of 6
tangible personal property (including articles produced, fabricated, 7
or imprinted) to all persons irrespective of the nature of their 8
business and including, among others, without limiting the scope 9
hereof, persons who install, repair, clean, alter, improve, 10
construct, or decorate real or personal property of or for consumers 11
other than a sale to a person who: 12
(i) Purchases for the purpose of resale as tangible personal 13
property in the regular course of business without intervening use by 14
such person, but a purchase for the purpose of resale by a regional 15
transit authority under RCW 81.112.300 is not a sale for resale; or16
(ii) Installs, repairs, cleans, alters, imprints, improves, 17
constructs, or decorates real or personal property of or for 18
consumers, if such tangible personal property becomes an ingredient 19
or component of such real or personal property without intervening 20
use by such person; or 21
H-2819.1
HOUSE BILL 2424
State of Washington 69th Legislature 2026 Regular Session
By Representatives Connors, Schmidt, Valdez, Jacobsen, Chase, and
Engell
Read first time 01/13/26. Referred to Committee on Finance.
p. 1 HB 2424
(iii) Purchases for the purpose of consuming the property 1
purchased in producing for sale as a new article of tangible personal 2
property or substance, of which such property becomes an ingredient 3
or component or is a chemical used in processing, when the primary 4
purpose of such chemical is to create a chemical reaction directly 5
through contact with an ingredient of a new article being produced 6
for sale; or 7
(iv) Purchases for the purpose of consuming the property 8
purchased in producing ferrosilicon which is subsequently used in 9
producing magnesium for sale, if the primary purpose of such property 10
is to create a chemical reaction directly through contact with an 11
ingredient of ferrosilicon; or 12
(v) Purchases for the purpose of providing the property to 13
consumers as part of competitive telephone service, as defined in RCW 14
82.04.065; or 15
(vi) Purchases for the purpose of satisfying the person's 16
obligations under an extended warranty as defined in subsection (7) 17
of this section, if such tangible personal property replaces or 18
becomes an ingredient or component of property covered by the 19
extended warranty without intervening use by such person.20
(b) The term includes every sale of tangible personal property 21
that is used or consumed or to be used or consumed in the performance 22
of any activity defined as a "sale at retail" or "retail sale" even 23
though such property is resold or used as provided in (a)(i) through 24
(vi) of this subsection following such use. 25
(c) The term also means every sale of tangible personal property 26
to persons engaged in any business that is taxable under RCW 27
82.04.280(1) (a), (b), and (((g))) (f), 82.04.290, and 82.04.2908.28
(2) The term "sale at retail" or "retail sale" includes the sale 29
of or charge made for tangible personal property consumed and/or for 30
labor and services rendered in respect to the following:31
(a) The installing, repairing, cleaning, altering, imprinting, or 32
improving of tangible personal property of or for consumers, 33
including charges made for the mere use of facilities in respect 34
thereto, but excluding charges made for the use of self-service 35
laundry facilities, and also excluding sales of laundry service to 36
nonprofit health care facilities, and excluding services rendered in 37
respect to live animals, birds and insects; 38
(b) The constructing, repairing, decorating, or improving of new 39
or existing buildings or other structures under, upon, or above real 40
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property of or for consumers, including the installing or attaching 1
of any article of tangible personal property therein or thereto, 2
whether or not such personal property becomes a part of the realty by 3
virtue of installation, and also includes the sale of services or 4
charges made for the clearing of land and the moving of earth 5
excepting the mere leveling of land used in commercial farming or 6
agriculture; 7
(c) The constructing, repairing, or improving of any structure 8
upon, above, or under any real property owned by an owner who conveys 9
the property by title, possession, or any other means to the person 10
performing such construction, repair, or improvement for the purpose 11
of performing such construction, repair, or improvement and the 12
property is then reconveyed by title, possession, or any other means 13
to the original owner; 14
(d) The cleaning, fumigating, razing, or moving of existing 15
buildings or structures, but does not include the charge made for 16
janitorial services; and for purposes of this section the term 17
"janitorial services" means those cleaning and caretaking services 18
ordinarily performed by commercial janitor service businesses 19
including, but not limited to, wall and window washing, floor 20
cleaning and waxing, and the cleaning in place of rugs, drapes and 21
upholstery. The term "janitorial services" does not include painting, 22
papering, repairing, furnace or septic tank cleaning, snow removal or 23
sandblasting; 24
(e) Automobile towing and similar automotive transportation 25
services, but not in respect to those required to report and pay 26
taxes under chapter 82.16 RCW; 27
(f) The furnishing of lodging and all other services by a hotel, 28
rooming house, tourist court, motel, trailer camp, and the granting 29
of any similar license to use real property, as distinguished from 30
the renting or leasing of real property, and it is presumed that the 31
occupancy of real property for a continuous period of one month or 32
more constitutes a rental or lease of real property and not a mere 33
license to use or enjoy the same. For the purposes of this 34
subsection, it is presumed that the sale of and charge made for the 35
furnishing of lodging for a continuous period of one month or more to 36
a person is a rental or lease of real property and not a mere license 37
to enjoy the same. For the purposes of this section, it is presumed 38
that the sale of and charge made for the furnishing of lodging 39
offered regularly for public occupancy for periods of less than a 40
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month constitutes a license to use or enjoy the property subject to 1
sales and use tax and not a rental or lease of property;2
(g) The installing, repairing, altering, or improving of digital 3
goods for consumers; 4
(h) Persons taxable under (a), (b), (c), (d), (e), (f), and (g) 5
of this subsection when such sales or charges are for property, labor 6
and services which are used or consumed in whole or in part by such 7
persons in the performance of any activity defined as a "sale at 8
retail" or "retail sale" even though such property, labor and 9
services may be resold after such use or consumption. Nothing 10
contained in this subsection may be construed to modify subsection 11
(1) of this section and nothing contained in subsection (1) of this 12
section may be construed to modify this subsection.13
(3) The term "sale at retail" or "retail sale" includes the sale 14
of or charge made for personal, business, or professional services 15
including amounts designated as interest, rents, fees, admission, and 16
other service emoluments however designated, received by persons 17
engaging in the following business activities: 18
(a) Abstract, title insurance, and escrow services;19
(b) Credit bureau services; 20
(c) Automobile parking and storage garage services;21
(d) Landscape maintenance and horticultural services but 22
excluding (i) horticultural services provided to farmers and (ii) 23
pruning, trimming, repairing, removing, and clearing of trees and 24
brush near electric transmission or distribution lines or equipment, 25
if performed by or at the direction of an electric utility;26
(e) Service charges associated with tickets to professional 27
sporting events; 28
(f) The following personal services: Tanning salon services, 29
tattoo parlor services, steam bath services, turkish bath services, 30
escort services, and dating services; 31
(g) Information technology training services, technical support, 32
and other services including, but not limited to, assisting with 33
network operations and support, help desk services, in-person 34
training related to hardware or software, network system support 35
services, data entry services, and data processing services;36
(h) Custom website development services. For the purposes of this 37
subsection (3), "website development services" means the design, 38
development, and support of a website provided by a website developer 39
to a customer; 40
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(i) Investigation, security services, security monitoring 1
services, and armored car services including, but not limited to, 2
background checks, security guard and patrol services, personal and 3
event security, armored car transportation of cash and valuables, and 4
security system services and monitoring. This does not include 5
locksmith services; 6
(j) ((Temporary staffing services. For the purposes of this 7
subsection (3), "temporary staffing services" means providing workers 8
to other businesses, except for hospitals licensed under chapter 9
70.41 or 71.12 RCW, for limited periods of time to supplement their 10
workforce and fill employment vacancies on a contract or for fee 11
basis;12
(k))) Advertising services. (i) For the purposes of this 13
subsection (3), "advertising services" means all digital and 14
nondigital services related to the creation, preparation, production, 15
or dissemination of advertisements including, but not limited to:16
(A) Layout, art direction, graphic design, mechanical 17
preparation, production supervision, placement, referrals, 18
acquisition of advertising space, and rendering advice concerning the 19
best methods of advertising products or services; and20
(B) Online referrals, search engine marketing ((,)) and lead 21
generation optimization, web campaign planning, the acquisition of 22
advertising space in the internet media, and the monitoring and 23
evaluation of website traffic for purposes of determining the 24
effectiveness of an advertising campaign. 25
(ii) "Advertising services" do not include: 26
(A) Web hosting services and domain name registration;27
(B) Services rendered in respect to the following:28
(I) "Newspapers" as defined in RCW 82.04.214; 29
(II) Printing or publishing under RCW 82.04.280; and30
(III) "Radio and television broadcasting" within this state as 31
defined in RCW 82.04.281; and 32
(C) Services rendered in respect to out-of-home advertising, 33
including: Billboard advertising; street furniture advertising; 34
transit advertising; place-based advertising, such as in-store 35
display advertising or point-of-sale advertising; dynamic or static 36
signage at live events; naming rights; and fixed signage advertising. 37
Out-of-home advertising does not include direct mail;38
(((l))) (k) Live presentations including, but not limited to, 39
lectures, seminars, workshops, or courses where participants attend 40
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either in-person or via the internet or telecommunications equipment 1
that allows audience members and the presenter or instructor to give, 2
receive, and discuss information with each other in real time; and3
(((m))) (l)(i) Operating an athletic or fitness facility, 4
including all charges for the use of such a facility or for any 5
associated services and amenities, except as provided in (((m))) (l)6
(ii) of this subsection. 7
(ii) Notwithstanding anything to the contrary in (((m))) (l)(i) 8
of this subsection (3), the term "sale at retail" and "retail sale" 9
under this subsection does not include: 10
(A) Separately stated charges for the use of an athletic or 11
fitness facility where such use is primarily for a purpose other than 12
engaging in or receiving instruction in a physical fitness activity;13
(B) Separately stated charges for the use of a discrete portion 14
of an athletic or fitness facility, other than a pool, where such 15
discrete portion of the facility does not by itself meet the 16
definition of "athletic or fitness facility" in this subsection;17
(C) Separately stated charges for services, such as massage, 18
nutritional consulting, and body composition testing, that do not 19
require the customer to engage in physical fitness activities to 20
receive the service. The exclusion in this subsection (3)(((m))) (l)21
(ii)(C) does not apply to personal training services and instruction 22
in a physical fitness activity; 23
(D) Separately stated charges for physical therapy provided by a 24
physical therapist, as those terms are defined in RCW 18.74.010, or 25
occupational therapy provided by an occupational therapy 26
practitioner, as those terms are defined in RCW 18.59.020, when 27
performed pursuant to a referral from an authorized health care 28
practitioner or in consultation with an authorized health care 29
practitioner. For the purposes of this subsection (3)(((m))) (l)30
(ii)(D), an authorized health care practitioner means a health care 31
practitioner licensed under chapter 18.83, 18.25, 18.36A, 18.57, 32
18.71, or 18.71A RCW, or, until July 1, 2022, chapter 18.57A RCW;33
(E) Rent or association fees charged by a landlord or residential 34
association to a tenant or residential owner with access to an 35
athletic or fitness facility maintained by the landlord or 36
residential association, unless the rent or fee varies depending on 37
whether the tenant or owner has access to the facility;38
(F) Services provided in the regular course of employment by an 39
employee with access to an athletic or fitness facility maintained by 40
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the employer for use without charge by its employees or their family 1
members; 2
(G) The provision of access to an athletic or fitness facility by 3
an educational institution to its students and staff. However, 4
charges made by an educational institution to its alumni or other 5
members of the public for the use of any of the educational 6
institution's athletic or fitness facilities are a retail sale under 7
this subsection (3)(((m))) (l). For purposes of this subsection (3)8
(((m))) (l)(ii)(G), "educational institution" has the same meaning as 9
in RCW 82.04.170; 10
(H) Yoga, chi gong, or martial arts classes, training, or events 11
held at a community center, park, school gymnasium, college or 12
university, hospital or other medical facility, private residence, or 13
any other facility that is not operated within and as part of an 14
athletic or fitness facility. 15
(iii) Nothing in (((m))) (l)(ii) of this subsection (3) may be 16
construed to affect the taxation of sales made by the operator of an 17
athletic or fitness facility, where such sales are defined as a 18
retail sale under any provision of this section other than this 19
subsection (3). 20
(iv) For the purposes of this subsection (3)(((m))) (l), the 21
following definitions apply: 22
(A) "Athletic or fitness facility" means an indoor or outdoor 23
facility or portion of a facility that is primarily used for: 24
Exercise classes; strength and conditioning programs; personal 25
training services; tennis, racquetball, handball, squash, or 26
pickleball; or other activities requiring the use of exercise or 27
strength training equipment, such as treadmills, elliptical machines, 28
stair climbers, stationary cycles, rowing machines, pilates 29
equipment, balls, climbing ropes, jump ropes, and weightlifting 30
equipment. 31
(B) "Martial arts" means any of the various systems of training 32
for physical combat or self-defense. "Martial arts" includes, but is 33
not limited to, karate, kung fu, tae kwon do, Krav Maga, boxing, 34
kickboxing, jujitsu, shootfighting, wrestling, aikido, judo, hapkido, 35
Kendo, tai chi, and mixed martial arts. 36
(C) "Physical fitness activities" means activities that involve 37
physical exertion for the purpose of improving or maintaining the 38
general fitness, strength, flexibility, conditioning, or health of 39
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the participant. "Physical fitness activities" includes participating 1
in yoga, chi gong, or martial arts. 2
For the purposes of (g) through (((i) and (k))) (j) of this 3
subsection (3), the terms "sale at retail" and "retail sale" do not 4
include a sale between members of an affiliated group as defined in 5
RCW 82.04.299(1)(f). 6
(4)(a) The term also includes the renting or leasing of tangible 7
personal property to consumers. 8
(b) The term does not include the renting or leasing of tangible 9
personal property where the lease or rental is for the purpose of 10
sublease or subrent. 11
(5) The term also includes the providing of "competitive 12
telephone service," "telecommunications service," or "ancillary 13
services," as those terms are defined in RCW 82.04.065, to consumers.14
(6)(a) The term also includes the sale of prewritten computer 15
software, custom software, and customization of prewritten computer 16
software to a consumer, regardless of the method of delivery to the 17
end user. For purposes of this subsection (6)(a), the sale of 18
prewritten computer software includes the sale of or charge made for 19
a key or an enabling or activation code, where the key or code is 20
required to activate prewritten computer software and put the 21
software into use. There is no separate sale of the key or code from 22
the prewritten computer software, regardless of how the sale may be 23
characterized by the vendor or by the purchaser. 24
(b)(i) The term also includes the charge made to consumers for 25
the right to access and use prewritten computer software, custom 26
software, and customization of prewritten computer software, where 27
possession of the software is maintained by the seller or a third 28
party, regardless of whether the charge for the service is on a per 29
use, per user, per license, subscription, or some other basis.30
(ii)(A) The service described in (b)(i) of this subsection (6) 31
includes the right to access and use prewritten computer software, 32
custom software, and customization of prewritten computer software to 33
perform data processing. 34
(B) For purposes of this subsection (6)(b)(ii), "data processing" 35
means the systematic performance of operations on data to extract the 36
required information in an appropriate form or to convert the data to 37
usable information. Data processing includes check processing, image 38
processing, form processing, survey processing, payroll processing, 39
claim processing, and similar activities. 40
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(7) The term also includes the sale of or charge made for an 1
extended warranty to a consumer. For purposes of this subsection, 2
"extended warranty" means an agreement for a specified duration to 3
perform the replacement or repair of tangible personal property at no 4
additional charge or a reduced charge for tangible personal property, 5
labor, or both, or to provide indemnification for the replacement or 6
repair of tangible personal property, based on the occurrence of 7
specified events. The term "extended warranty" does not include an 8
agreement, otherwise meeting the definition of extended warranty in 9
this subsection, if no separate charge is made for the agreement and 10
the value of the agreement is included in the sales price of the 11
tangible personal property covered by the agreement. For purposes of 12
this subsection, "sales price" has the same meaning as in RCW 13
82.08.010. 14
(8)(a) The term also includes the following sales to consumers of 15
digital goods, digital codes, and digital automated services:16
(i) Sales in which the seller has granted the purchaser the right 17
of permanent use; 18
(ii) Sales in which the seller has granted the purchaser a right 19
of use that is less than permanent; 20
(iii) Sales in which the purchaser is not obligated to make 21
continued payment as a condition of the sale; and 22
(iv) Sales in which the purchaser is obligated to make continued 23
payment as a condition of the sale. 24
(b) A retail sale of digital goods, digital codes, or digital 25
automated services under this subsection (8) includes any services 26
provided by the seller exclusively in connection with the digital 27
goods, digital codes, or digital automated services, whether or not a 28
separate charge is made for such services. 29
(c) A retail sale of digital goods, digital codes, or digital 30
automated services does not include the following services if the 31
sale occurs between members of an affiliated group as defined in RCW 32
82.04.299(1)(f): 33
(i) Any service that primarily involves the application of human 34
effort by the seller, and the human effort originated after the 35
customer requested the service; 36
(ii) Live presentations, such as lectures, seminars, workshops, 37
or courses, where participants are connected to other participants 38
via the internet or telecommunications equipment, which allows 39
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audience members and the presenter or instructor to give, receive, 1
and discuss information with each other in real time;2
(iii) Advertising services. For purposes of this subsection 3
(8)(c), "advertising services" means all services directly related to 4
the creation, preparation, production, or dissemination of 5
advertisements. Advertising services include layout, art direction, 6
graphic design, mechanical preparation, production supervision, 7
placement, and rendering advice to a client concerning the best 8
methods of advertising that client's products or services. 9
Advertising services also include online referrals, search engine 10
marketing and lead generation optimization, web campaign planning, 11
the acquisition of advertising space in the internet media, and the 12
monitoring and evaluation of website traffic for purposes of 13
determining the effectiveness of an advertising campaign. Advertising 14
services do not include web hosting services and domain name 15
registration; and 16
(iv) Data processing services. For purposes of this subsection 17
(8)(c), "data processing service" means a primarily automated service 18
provided to a business or other organization where the primary object 19
of the service is the systematic performance of operations by the 20
service provider on data supplied in whole or in part by the customer 21
to extract the required information in an appropriate form or to 22
convert the data to usable information. Data processing services 23
include check processing, image processing, form processing, survey 24
processing, payroll processing, claim processing, and similar 25
activities. Data processing does not include the service described in 26
subsection (6)(b) of this section. 27
(d) For purposes of this subsection, "permanent" means perpetual 28
or for an indefinite or unspecified length of time. A right of 29
permanent use is presumed to have been granted unless the agreement 30
between the seller and the purchaser specifies or the circumstances 31
surrounding the transaction suggest or indicate that the right to use 32
terminates on the occurrence of a condition subsequent.33
(9) The term also includes the charge made for providing tangible 34
personal property along with an operator for a fixed or indeterminate 35
period of time. A consideration of this is that the operator is 36
necessary for the tangible personal property to perform as designed. 37
For the purpose of this subsection (9), an operator must do more than 38
maintain, inspect, or set up the tangible personal property.39
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(10) The term does not include the sale of or charge made for 1
labor and services rendered in respect to the building, repairing, or 2
improving of any street, place, road, highway, easement, right-of-3
way, mass public transportation terminal or parking facility, bridge, 4
tunnel, or trestle which is owned by a municipal corporation or 5
political subdivision of the state or by the United States and which 6
is used or to be used primarily for foot or vehicular traffic 7
including mass transportation vehicles of any kind.8
(11) The term also does not include sales of chemical sprays or 9
washes to persons for the purpose of postharvest treatment of fruit 10
for the prevention of scald, fungus, mold, or decay, nor does it 11
include sales of feed, seed, seedlings, fertilizer, agents for 12
enhanced pollination including insects such as bees, and spray 13
materials to: (a) Persons who participate in the federal conservation 14
reserve program, the environmental quality incentives program, the 15
wetlands reserve program, and the wildlife habitat incentives 16
program, or their successors administered by the United States 17
department of agriculture; (b) farmers for the purpose of producing 18
for sale any agricultural product; (c) farmers for the purpose of 19
providing bee pollination services; and (d) farmers acting under 20
cooperative habitat development or access contracts with an 21
organization exempt from federal income tax under 26 U.S.C. Sec. 22
501(c)(3) of the federal internal revenue code or the Washington 23
state department of fish and wildlife to produce or improve wildlife 24
habitat on land that the farmer owns or leases. 25
(12) The term does not include the sale of or charge made for 26
labor and services rendered in respect to the constructing, 27
repairing, decorating, or improving of new or existing buildings or 28
other structures under, upon, or above real property of or for the 29
United States, any instrumentality thereof, or a county or city 30
housing authority created pursuant to chapter 35.82 RCW, including 31
the installing, or attaching of any article of tangible personal 32
property therein or thereto, whether or not such personal property 33
becomes a part of the realty by virtue of installation. Nor does the 34
term include the sale of services or charges made for the clearing of 35
land and the moving of earth of or for the United States, any 36
instrumentality thereof, or a county or city housing authority. Nor 37
does the term include the sale of services or charges made for 38
cleaning up for the United States, or its instrumentalities, 39
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radioactive waste and other by-products of weapons production and 1
nuclear research and development. 2
(13) The term does not include the sale of or charge made for 3
labor, services, or tangible personal property pursuant to agreements 4
providing maintenance services for bus, rail, or rail fixed guideway 5
equipment when a regional transit authority is the recipient of the 6
labor, services, or tangible personal property, and a transit agency, 7
as defined in RCW 81.104.015, performs the labor or services.8
(14) The term does not include the sale for resale of any service 9
described in this section if the sale would otherwise constitute a 10
"sale at retail" and "retail sale" under this section.11
(15)(a) The term "sale at retail" or "retail sale" includes 12
amounts charged, however labeled, to consumers to engage in any of 13
the activities listed in this subsection (15)(a), including the 14
furnishing of any associated equipment or, except as otherwise 15
provided in this subsection, providing instruction in such 16
activities, where such charges are not otherwise defined as a "sale 17
at retail" or "retail sale" in this section: 18
(i)(A) Golf, including any variant in which either golf balls or 19
golf clubs are used, such as miniature golf, hitting golf balls at a 20
driving range, and golf simulators, and including fees charged by a 21
golf course to a player for using his or her own cart. However, 22
charges for golf instruction are not a retail sale, provided that if 23
the instruction involves the use of a golfing facility that would 24
otherwise require the payment of a fee, such as green fees or driving 25
range fees, such fees, including the applicable retail sales tax, 26
must be separately identified and charged by the golfing facility 27
operator to the instructor or the person receiving the instruction.28
(B) Notwithstanding (a)(i)(A) of this subsection (15) and except 29
as otherwise provided in this subsection (15)(a)(i)(B), the term 30
"sale at retail" or "retail sale" does not include amounts charged to 31
participate in, or conduct, a golf tournament or other competitive 32
event. However, amounts paid by event participants to the golf 33
facility operator are retail sales under this subsection (15)(a)(i). 34
Likewise, amounts paid by the event organizer to the golf facility 35
are retail sales under this subsection (15)(a)(i), if such amounts 36
vary based on the number of event participants; 37
(ii) Ballooning, hang gliding, indoor or outdoor sky diving, 38
paragliding, parasailing, and similar activities; 39
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(iii) Air hockey, billiards, pool, foosball, darts, shuffleboard, 1
ping pong, and similar games; 2
(iv) Access to amusement park, theme park, and water park 3
facilities, including but not limited to charges for admission and 4
locker or cabana rentals. Discrete charges for rides or other 5
attractions or entertainment that are in addition to the charge for 6
admission are not a retail sale under this subsection (15)(a)(iv). 7
For the purposes of this subsection, an amusement park or theme park 8
is a location that provides permanently affixed amusement rides, 9
games, and other entertainment, but does not include parks or zoos 10
for which the primary purpose is the exhibition of wildlife, or 11
fairs, carnivals, and festivals as defined in (b)(i) of this 12
subsection; 13
(v) Batting cage activities; 14
(vi) Bowling, but not including competitive events, except that 15
amounts paid by the event participants to the bowling alley operator 16
are retail sales under this subsection (15)(a)(vi). Likewise, amounts 17
paid by the event organizer to the operator of the bowling alley are 18
retail sales under this subsection (15)(a)(vi), if such amounts vary 19
based on the number of event participants; 20
(vii) Climbing on artificial climbing structures, whether indoors 21
or outdoors; 22
(viii) Day trips for sightseeing purposes; 23
(ix) Bungee jumping, zip lining, and riding inside a ball, 24
whether inflatable or otherwise; 25
(x) Horseback riding offered to the public, where the seller 26
furnishes the horse to the buyer and providing instruction is not the 27
primary focus of the activity, including guided rides, but not 28
including therapeutic horseback riding provided by an instructor 29
certified by a nonprofit organization that offers national or 30
international certification for therapeutic riding instructors;31
(xi) Fishing, including providing access to private fishing areas 32
and charter or guided fishing, except that fishing contests and 33
license fees imposed by a government entity are not a retail sale 34
under this subsection; 35
(xii) Guided hunting and hunting at game farms and shooting 36
preserves, except that hunting contests and license fees imposed by a 37
government entity are not a retail sale under this subsection;38
(xiii) Swimming, but only in respect to (A) recreational or 39
fitness swimming that is open to the public, such as open swim, lap 40
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swimming, and special events like kids night out and pool parties 1
during open swim time, and (B) pool parties for private events, such 2
as birthdays, family gatherings, and employee outings. Fees for 3
swimming lessons, to participate in swim meets and other 4
competitions, or to join a swim team, club, or aquatic facility are 5
not retail sales under this subsection (15)(a)(xiii);6
(xiv) Go-karting, bumper cars, and other motorized activities 7
where the seller provides the vehicle and the premises where the 8
buyer will operate the vehicle; 9
(xv) Indoor or outdoor playground activities, such as inflatable 10
bounce structures and other inflatables; mazes; trampolines; slides; 11
ball pits; games of tag, including laser tag and soft-dart tag; and 12
human gyroscope rides, regardless of whether such activities occur at 13
the seller's place of business, but not including playground 14
activities provided for children by a licensed child day care center 15
or licensed family day care provider as those terms are defined in 16
RCW 43.216.010; 17
(xvi) Shooting sports and activities, such as target shooting, 18
skeet, trap, sporting clays, "5" stand, and archery, but only in 19
respect to discrete charges to members of the public to engage in 20
these activities, but not including fees to enter a competitive 21
event, instruction that is entirely or predominately classroom based, 22
or to join or renew a membership at a club, range, or other facility;23
(xvii) Paintball and airsoft activities; 24
(xviii) Skating, including ice skating, roller skating, and 25
inline skating, but only in respect to discrete charges to members of 26
the public to engage in skating activities, but not including skating 27
lessons, competitive events, team activities, or fees to join or 28
renew a membership at a skating facility, club, or other 29
organization; 30
(xix) Nonmotorized snow sports and activities, such as downhill 31
and cross-country skiing, snowboarding, ski jumping, sledding, snow 32
tubing, snowshoeing, and similar snow sports and activities, whether 33
engaged in outdoors or in an indoor facility with or without snow, 34
but only in respect to discrete charges to the public for the use of 35
land or facilities to engage in nonmotorized snow sports and 36
activities, such as fees, however labeled, for the use of ski lifts 37
and tows and daily or season passes for access to trails or other 38
areas where nonmotorized snow sports and activities are conducted. 39
However, fees for the following are not retail sales under this 40
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subsection (15)(a)(xix): (A) Instructional lessons; (B) permits 1
issued by a governmental entity to park a vehicle on or access public 2
lands; and (C) permits or leases granted by an owner of private 3
timberland for recreational access to areas used primarily for 4
growing and harvesting timber; and 5
(xx) Scuba diving; snorkeling; river rafting; surfing; 6
kiteboarding; flyboarding; water slides; inflatables, such as water 7
pillows, water trampolines, and water rollers; and similar water 8
sports and activities. 9
(b) Notwithstanding anything to the contrary in this subsection 10
(15), the term "sale at retail" or "retail sale" does not include 11
charges: 12
(i) Made for admission to, and rides or attractions at, fairs, 13
carnivals, and festivals. For the purposes of this subsection, fairs, 14
carnivals, and festivals are events that do not exceed 21 days and a 15
majority of the amusement rides, if any, are not affixed to real 16
property; 17
(ii) Made by an educational institution to its students and staff 18
for activities defined as retail sales by (a)(i) through (xx) of this 19
subsection. However, charges made by an educational institution to 20
its alumni or other members of the general public for these 21
activities are a retail sale under this subsection (15). For purposes 22
of this subsection (15)(b)(ii), "educational institution" has the 23
same meaning as in RCW 82.04.170; 24
(iii) Made by a vocational school for commercial diver training 25
that is licensed by the workforce training and education coordinating 26
board under chapter 28C.10 RCW; or 27
(iv) Made for day camps offered by a nonprofit organization or 28
state or local governmental entity that provide youth not older than 29
age 18, or that are focused on providing individuals with 30
disabilities or mental illness, the opportunity to participate in a 31
variety of supervised activities. 32
(16)(a) The term "sale at retail" or "retail sale" includes the 33
purchase or acquisition of tangible personal property and specified 34
services by a person who receives either a qualifying grant exempt 35
from tax under RCW 82.04.767 or 82.16.320 or a grant deductible under 36
RCW 82.04.4339, except for transactions excluded from the definition 37
of "sale at retail" or "retail sale" by any other provision of this 38
section. Nothing in this subsection (16) may be construed to limit 39
the application of any other provision of this section to purchases 40
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by a recipient of either a qualifying grant exempt from tax under RCW 1
82.04.767 or a grant deductible under RCW 82.04.4339, or by any other 2
person. 3
(b) For purposes of this subsection (16), "specified services" 4
means: 5
(i) The constructing, repairing, decorating, or improving of new 6
or existing buildings or other structures under, upon, or above real 7
property, including the installing or attaching of any article of 8
tangible personal property therein or thereto, whether or not such 9
personal property becomes a part of the realty by virtue of 10
installation; 11
(ii) The clearing of land or the moving of earth, whether or not 12
associated with activities described in (b)(i) of this subsection 13
(16); 14
(iii) The razing or moving of existing buildings or structures; 15
and 16
(iv) Landscape maintenance and horticultural services.17
NEW SECTION. Sec. 2. RCW 82.32.805 and 82.32.808 do not apply 18
to this act.19
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