November 2022

2022 Reviews: Five of seven Legislative Auditor recommendations require action

In 2022, the Legislative Auditor issued seven recommendations in four separate tax preference reports as part of JLARC's annual reporting cycle. The recommendations cover preferences for commute trip reduction, food processing, nonprofit hospitals and cancer clinics, and historic auto museums.

Five recommendations require legislative action. All but two of the preferences meet their objectives.

link.png Commute Trip Reduction Tax Credit (B&O tax and PUT)

Conclusion: More Washingtonians are using commute alternatives. However, fewer employers are requesting the tax credit, and the credit likely has limited influence on the amount of financial incentives employers provide.

Biennial beneficiary savings: $4.1 million

Expiration date: 7/1/2024

Legislative Auditor's Recommendation: Continue and modify because the credit likely has limited influence on the amount of incentives employers provide and on employee use of commute alternatives.

Commissioners' Recommendation: Endorsed with comment

Summary

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Video Summary

link.png Food Processors: Dairy, Fruit and Vegetable, and Seafood Processors (B&O tax)

Conclusion: Dairy and fruit and vegetable beneficiaries had job and wage increases that exceeded industry and state averages. Seafood beneficiaries saw a decline in both. The preferences reduced the effective tax rates, but rates remain higher than neighboring states.

Biennial beneficiary savings: Dairy: $10.5 million, Fruit & Vegetable: $22.7 million, Seafood: $4.9 million

Expiration date: Exemptions expire 6/30/2025 and will be replaced with preferential rates.

Legislative Auditor's Recommendation:

  • B&O preferences for dairy processors: Continue and clarify expectations for job and wage growth and determine the level of tax relief needed to meet those expectations.
  • B&O preferences for fruit and vegetable processors: Continue and clarify expectations for job and wage growth and determine the level of tax relief needed to meet those expectations.
  • B&O tax preferences for seafood processors: Review and clarify because jobs and wages have declined and it is unclear why more businesses are not using the preferences or what the Legislature's expectations are for the industry's jobs and wages.

Commissioners' Recommendation:

  • B&O preferences for dairy processors: Endorsed without comment
  • B&O preferences for fruit & vegetable processors: Endorsed with comment
  • B&O tax preferences for seafood processors: Endorsed without comment

Summary

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Video Summary

link.png Nonprofit Hospitals and Cancer Clinics (Property tax)

Conclusion: Property tax exemptions for nonprofit hospitals and cancer clinics meet the inferred intent of encouraging charity care and community benefits. Beneficiaries provide 99% of charity care statewide, and the value of charity care exceeds tax savings.

Biennial beneficiary savings: $259.4 million

Expiration date: None

Legislative Auditor's Recommendation: Clarify the objectives by including performance statements.

Commissioners' Recommendation: Endorsed with comment

Summary

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Video Summary

Two recommendations do not require legislative action

link.png Food Processors: Dairy products used as an ingredient or component to create other dairy products (B&O tax)

Conclusion: The preference was enacted in 2013 to encourage development of an infant formula production facility in Sunnyside. Industry representatives note the activity for which it was intended did not occur.   

Average annual savings: $62,000

Expiration date: 6/30/2023

Legislative Auditor's Recommendation: Allow to expire because the activity it was intended to incentivize did not occur.

Commissioners' Recommendation: Endorsed without comment

Summary

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Video Summary

link.png Historic Automobile Museums (Sales & Use tax)

Conclusion: The tax deferral meets the public policy objective of improving the fiscal stability of its one beneficiary. This may have improved economic vitality, but other local financial incentives likely had a larger influence.

Biennial beneficiary savings: $46,600

Expiration date: None

Legislative Auditor's Recommendation: Continue until the deferral is repaid in 2032.

Commissioners' Recommendation: Endorsed without comment

Summary

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Video Summary

The Citizen Commission for Performance Measurement of Tax Preferences also considers preferences based on information provided by the Department of Revenue. View the 2022 Expedited Preference Review.

Committee Action to Distribute Report

On November 30, 2022 this report was approved for distribution by the Joint Legislative Audit and Review Committee.

Action to distribute this report does not imply the Committee agrees or disagrees with the Legislative Auditor recommendations.

 

 

2022 Tax Preference Performance Reviews

November 2022

Joint Legislative Audit & Review Committee

More about 2022 reviews

Study questions

The Citizen Commission selected the following tax preferences for a performance review by JLARC staff in 2022:

In addition, the Commission will consider the following tax preferences, using an expedited process. The expedited process is primarily based on information published by the Department of Revenue in its most recent statutorily required tax exemption study. View the 2022 Expedited Preference Review.

 

2022:  Not Subject to Full Review (33 Preferences)  RCW Enacted 
1 Fish Cleaning (B&O Tax) 82.04.2403 1994
2 Dried Pea Processors (B&O Tax) 82.04.260(2) 1967
3 Syrup Taxes Paid (B&O Tax) 82.04.4486 2006
4 Restaurant Employee Meals (Sales and Use Tax) 82.08.9995; 82.12.9995 2011
5 Restaurant Employee Meals (B&O Tax) 82.04.750 2011
6 Catering (Litter Tax) 82.19.050(5) 2005
7 Football Stadium and Exhibition Center Parking (Sales Tax) 82.08.02875 1997
8 Differential Parimutuel Tax Rates (Parimutuel Tax) 67.16.105(2) 1979
9 Football Stadiums (Leasehold Excise Tax) 82.29A.130(15) 1997
10 Football Stadiums (Sales and Use Tax) 36.102.070 1997
11 Film and Video Production Equipment (Sales and Use Tax) 82.08.0315; 82.12.0315 1995
12 Tuna, Mackerel, and Jack Fish (Enhanced Food Fish Tax) 82.27.010 1995
13 Baseball Stadiums (Leasehold Excise Tax) 82.29A.130(14) 1995
14 Horse Race Tracks (Sales and Use Tax) 82.66.040 1995
15 Amphitheater (Leasehold Excise Tax) 82.29A.130(18) 2005
16 Grocery Distribution Co-Ops (B&O Tax) 82.04.298(2) 2001
17 Grocery Co-Ops (Litter Tax) 82.19.050(3) 2001
18 Trail Grooming (Sales Tax) 82.08.0203 2008
19 Audio or Video Programming (Sales and Use Tax) 82.08.02081; 82.12.02081 2009
20 Amateur Radio Repeaters (Leasehold Excise Tax) 82.29A.138 2007
21 Timber and Wood Products (B&O Tax) 82.04.260(12) 2006
22 Canned Salmon Services (B&O Tax) 82.04.260(13) 2006
23 Performing Arts (Property Tax) 84.36.060(1)(b) 1981
24 Seafood Processing (B&O Tax) 82.04.120 1975
25 Baseball Stadiums (Sales and Use Tax) 36.100.090 1995
26 Nonprofit Races (Parimutuel Tax) 67.16.105(1) 1979
27 Nonprofit Radio and TV Broadcast Facilities (Property Tax) 84.36.047 1977
28 Fish Tax Differential Rates (Enhanced Food Fish Tax) 82.27.020(4) 1980
29 Meat Processors (B&O Tax) 82.04.260(4) 1967
30 Commercially Grown Fish or Shellfish (Enhanced Food Fish Tax) 82.27.030(2) 1980
31 Flour and Oil Manufacturing (B&O Tax) 82.04.260(1)(a) 1949
32 Horse Racing (B&O Tax) 82.04.350 1935
33 Radio and TV Broadcasting (B&O Tax) 82.04.280(1)(f) 1935
2022:  Critical Part of the Tax Structure (9 Preferences)  RCW  Enacted
1 Boxing and Wrestling Matches (B&O Tax) 82.04.340 1935
2 Tax Paid in Other States (Enhanced Food Fish Tax) 82.27.040 1980
3 Trademarked Syrup (Syrup Tax) 82.64.030(3) 1991
4 Imported Frozen or Packaged Fish (Enhanced Food Fish Tax) 82.27.030(1),(3) 1980
5 Syrup Previously Taxed (Syrup Tax) 82.64.030(1) 1989
6 Syrup Exported (Syrup Tax) 82.64.030(2) 1989
7 Syrup Purchased Before Tax Imposed (Syrup Tax) 82.64.030(4) 1989
8 Racing Fuel (Fuel Tax) 82.38.080(2)(c) 1998
9 Food and Beverages Consumed On-Site (Litter Tax) 82.19.050(4) 2003