82.32.760  <<  82.32.762 >>   82.32.763

Remote seller nexusStreamlined sales and use tax agreement or federal law conflict with state law.

(1) If the department determines that a change, taking effect after September 1, 2015, in the streamlined sales and use tax agreement or federal law creates a conflict with any provision of RCW 82.08.052, such conflicting provision or provisions of RCW 82.08.052, including any related provisions that would not function as originally intended, have no further force and effect as of the date the change in the streamlined sales and use tax agreement or federal law becomes effective.
(2) For purposes of this section:
(a) A change in federal law conflicts with RCW 82.08.052 if the change clearly allows states to impose greater sales and use tax collection obligations on remote sellers than provided for, or clearly prevents states from imposing sales and use tax collection obligations on remote sellers to the extent provided for, under RCW 82.08.052.
(b) A change in the streamlined sales and use tax agreement conflicts with RCW 82.08.052 if one or more provisions of RCW 82.08.052 causes this state to be found out of compliance with the streamlined sales and use tax agreement by its governing board.
(3) If the department makes a determination under this section that a change in federal law or the streamlined sales and use tax agreement conflicts with one or more provisions of RCW 82.08.052, the department:
(a) May adopt rules in accordance with chapter 34.05 RCW that are consistent with the streamlined sales and use tax agreement and that impose sales and use tax collection obligations on remote sellers to the fullest extent allowed under state and federal law; and
(b) Must include information on its web site informing taxpayers and the public (i) of the provision or provisions of RCW 82.08.052 that will have no further force and effect, (ii) when such change will become effective, and (iii) about how to participate in any rule making conducted by the department in accordance with (a) of this subsection (3).
(4) For purposes of this section, "remote seller" has the same meaning as in RCW 82.08.052.

NOTES:

Construction2017 c 323: See note following RCW 82.08.052.
Effective datesFindingIntent2015 3rd sp.s. c 5: See notes following RCW 82.08.052.
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