Senate Bill Report — SB 5557, Providing Sustainable Support for New Businesses (January 11, 2022)

Summary

A Senate Bill Report on SB 5557, as of January 11, 2022, an act relating to providing sustainable support for new businesses, with Senator Hasegawa listed as sponsor. The bill exempts new businesses from business and occupation (B&O) taxes during the first 24 months of operation and imposes an additional mitigation tax on B&O taxpayers to offset the lost revenue. A new business does not include a business that has been restructured or reorganized. The Joint Legislative Audit and Review Committee is required to conduct a tax performance review, and the tax preference expires on January 1, 2032.

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                            SENATE BILL REPORT
                                  SB 5557

                                      As of January 11, 2022

Title: An act relating to providing sustainable support for new businesses.

Brief Description: Providing sustainable support for new businesses.

Sponsors: Senator Hasegawa.

Brief History:
     Committee Activity: Business, Financial Services & Trade: 1/13/22.


                                     Brief Summary of Bill
           • Exempts new businesses from having to pay business and occupation
             (B&O) taxes within their first two years.
           • Imposes an additional mitigation tax on B&O taxpayers to offset lost
             revenue from exempting new businesses from paying B&O taxes.


SENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES & TRADE

     Staff: Clinton McCarthy (786-7319)

     Background: Washington's major business tax is the business and occupation (B&O) tax.
     The B&O tax is imposed on the gross receipts of business activities conducted within the
     state, without any deduction for the costs of doing business. Businesses must pay the B&O
     tax even though they may not have any profits or may be operating at a loss.

     A taxpayer may have more than one B&O tax rate, depending on the types of activities
     conducted. Major B&O tax rates are 0.471 percent for retailing; 0.484 percent for
     manufacturing, wholesaling, and extracting; and 1.5 percent for services and for activities
     not classified elsewhere. Several preferential rates also apply to specific business activities.




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

Senate Bill Report                              -1-                                             SB 5557
     A taxpayer may be eligible to useother tax preferences, including credits and deductions, to
     reduce their tax liability. For example, a taxpayer engaging in activities subject to different
     B&O tax rates may be eligible for a Multiple Activities Tax Credit. A taxpayer may also be
     eligible for a small business credit that will either eliminate or reduce their B&O tax
     liability. In general, the credit is $70 per month for service businesses and $35 per month
     for all other businesses, multiplied by the number of months in the reporting period. The
     amount of the credit available phases out based on the business's gross receipts.

     A business does not have to file an annual B&O tax return if the business does not owe
     other taxes or fees to the Department of Revenue and has annual gross proceeds of sales,
     gross income, or value of products for all B&O tax classifications of less than $28,000 per
     year, or less than $46,667 if at least 50 percent of its taxable income is from services or
     activities not classified elsewhere.

     Summary of Bill: A new business is exempt from having to pay the B&O tax during the
     first 24 months of operation. A new business does not include:
          • a business that has been restructured or reorganized; or
          • a business that is substantially similar to a business that has operated within the past
            two years.

     It is the Legislature's intent to mitigate lost tax revenue by increasing the B&O tax evenly
     for all persons subject to the tax. The Joint Legislative Audit and Review Committee is
     required to conduct a tax performance review.

     The tax preference expires on January 1, 2032.

     Appropriation: None

     Fiscal Note: Requested on January 4, 2022.

     Creates Committee/Commission/Task Force that includes Legislative members: No.

     Effective Date: Ninety days after adjournment of session in which bill is passed.




Senate Bill Report                              -2-                                         SB 5557


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