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All firms not otherwise exempt from the B&O tax would be required to file at least annual tax returns (KCC 3.28.090). Illustration: Not for profit 501(c) organizations not engaged in retail sales activity. 2. All firms owing $1,000 or less quarterly and having a City business license go to annual filing. 3. All firms owing greater than $1,000 quarterly remain on quarterly filing. 4. Administrative requirements: • Any new firms reporting are on a quarterly filing for their first year. • Requests for change to annual filing must be authorized in advance by the Finance Director or his/her designee. • Finance Director or his/her designee authorized to initiate placement of firms on annual filing status. • In order to qualify for annual filing status, the firm must be current on City business license fees and City-imposed admission, B&O, gambling, utility taxes. Overview: 1. The goal is to minimize the administrative burden on taxpayers and the City while ensuring monitoring, audit and cash flow considerations are addressed. 2. Advantages of requiring filing for all firms that are not otherwise exempt: • Firms are included in the City's accounting system enhancing ability for monitoring and audit • Firms are making an affirmative statement that they owe no tax 3. There are three questions for every firm: • Required to obtain a City business license? • Required to file a B&O tax return? • Owe B&O tax? Page 1 of 2 B&O Filing Frequency Recommendations.docx Filing Requirements - Kent and Other Selected Jurisdictions: Kent Bellevue Seattle Tacoma Non-Filing Option? No Yes - $155,000 * No Yes - $12,000** Quarter) Filing? Yes Yes Yes Yes Annual Filing? No Yes - $170,500 * Yes - $85,000 ** Yes - $250,000** * Taxable B&O Tax Gross Receipts (after exemptions/deductions). ** B&O Tax Gross Receipts (.before exemptions/deductions). • Kent: Quarterly filings required for all firms not otherwise exempt (e.g. credit unions) whether or not tax owed or amount of tax due. • Bellevue: Non-filing threshold adjusted annually based on change in CPI. Annual filing threshold scheduled to be implemented during 2014 based on 110% of the non-filing threshold. Bellevue uses a combined tax return, i.e. includes all locally imposed taxes. • Seattle: Seattle used to have a non-filing option; however, eliminated this option due to adverse administrative and audit impacts. Summary Analysis of Kent B&O Taxes by Firm (Q1 - Q3, 2013): B&O Tax Firms Dollars Range Total % of Cum % Total Taxes Average % of Cum 0/0 Tota I of Tota I per Firm Tota I of Total $30,000 and 15 .94% .94% $728,022 $48,535 20.14% 20.140/0 Above $20,000 to 17 1.07% 2.01% $397,098 $23,359 10.99% 31.13% $29,999 $10,000 to 45 2.82% 4.83% $610,635 $13,570 16.89% 48.02% $19,999 $5,000 to 93 5.84% 10.67% $663,102 $7,130 18.35% 66.37% $9,999 $3,000 to 107 6.72% 17.39% $411,565 $3,846 11.39% 77.76% $4,999 $1,000 to 299 18.77% 36.16% $522,471 $1,747 14.460/a 92.22% $2,999 $100 to $999 612 38.42% 74.58% $267,395 $437 7.40% 99.62% Less than 405 25.42% 100.00% $13,867 $34 .38% 100.00% $100 ** Totals 1,593 $3,614,155 $2,269 * Analysis is based on B&O tax revenues as of December 17, 2013 ** Includes 12 zero dollar returns (does not include all zero dollar returns filed) Page 2 of 2 Exemptions Deductions Recommendations.docx vi�Gf/�rl�SG7��0 FINANCE DEPARTMENT CITY OF KENT BUSINESS & OCCUPATON TAXES EXEMPTIONS AND DEDUCTIONS RECOMMENDATIONS January 15, 2014 Recommendations: 1. Amend KCC 3.28.090(A) to establish B&O tax exemptions for all 501(c) nonprofit organizations, except with respect to retail sales of such persons (see attached listing of all non-profit organization types) [1]. Currently, only 501(c)(3) organizations are exempt. 2. Make no changes to KCC 3.28.100 Deductions. Expansion of exemptions will address most of the optional deductions not currently established in the KCC. Exhibits: • Listing of 501(c) Organization Types and Corresponding Descriptions • Guidelines for Model Ordinance - Sections .090 (Exemptions) and .100 (Deductions) Overview• 1. Exemptions and deductions both result in a decrease in taxable B&O gross receipts; however, companies are not required to report exemptions. Further, companies wholly exempt or wholly engaged in exempt activities are not required to file B&O tax returns. 2. The Model Ordinance establishes significant number of mandatory and optional exemptions and deductions. In addition, with certain limitations, cities are authorized to establish exemptions and deductions excluded from the Model Ordinance. For example, the City of Kent allows an exemption for research and development under federal contracts. 3. Exemptions and deductions can be established based on the type of organization (e.g. non-profit) and/or the nature of the activity (e.g. day care activities). Seattle does not exempt not for profit organizations; however, establishes exemptions and deductions based on the type of activity. Bellevue establishes exemptions and deductions based largely through exempting all 501(c)(3), (4) and (7) organizations. Page 1 of 6 Exemptions Deductions Recommendations.docx 4. In a number of instances the same activity treated as an exemption for one city is treated as a deduction for another organization. 5. Exemptions are not reportable and cannot effectively be estimated. Deductions are reportable; however, the City of Kent does not have any historical financial information. Further, the cities of Bellevue, Seattle and Tacoma did not have historical financial information by specific type of deduction. Further, even if such information were available it would be difficult to apply to the City of Kent because of the significant number of variables in play. Available B&O Tax Deductions Not Recommended for Adoption: 1. Sales at wholesale or retail of precious metal bullion and monetized bullion [141 Definition (RCW 82.04.062): • "Precious metal bullion" means any precious metal which has been put through a process of smelting or refining, including, but not limited to, gold, silver, platinum, rhodium, and palladium, and which is in such state or condition that its value depends upon its contents and not upon its form. Examples: Processed nuggets, bars, sticks, dust, and other processed forms of precious metal. For example, sales of gold or silver in raw, refined forms to dentists, laboratories, jewelers, and other persons, for their own consumption or for resale • "Monetized bullion" means coins or other forms of money manufactured from gold, silver, or other metals and heretofore, now, or hereafter used as a medium of exchange under the laws of this state, the United States, or any foreign nation, but does not include coins or money sold to be manufactured into jewelry or works of art. Examples: Sales of metal money, in coined or other form, which is recognized as a medium of exchange in the financial marketplace Discussion: This state exemption was a state policy decision whereby this activity was excluded from the definitions of"wholesale sale", "sale at retail", ANretail sale", and "sale at retail". This is an optional deduction for cities. 2. Rental of real estate for boarding homes [151 Definition (KCC 15.02.055): Page 2 of 6 Exemptions Deductions Recommendations.docx "Boarding or lodging home" means a dwelling or part thereof, other than a motel or hotel, where lodging, with or without meals, is provided, for compensation, for not more than three (3) persons. Discussion: Rental receipts for a continuous period 30 days or longer are already exempt from B&O tax (KCC over 3.28.090). Further, the state and cities have differing definitions of"boarding homes" which may add lack of clarity for taxability determination. Finally, the City has a $62,500 per quarter gross receipts exemption. 3. Advertising agency fees for national, regional, and network radio and television broadcasting f 161 * Definition (Model Ordinance): (a) Advertising agency fees when such fees or allowances are shown as a discount or price reduction in the billing or that the billing is on a net basis, i.e. less the discount; (b) Actual gross receipts from national network, and regional advertising or a "standard deduction" as provided for in RCW 82.04.280; and (c) local advertising revenue that represent advertising which is intended to reach potential customers or the advertiser who are located outside of the State of Washington. Discussion: It does not appear this deduction is relevant for the City of Kent. Providers of cable television services are subject to the City cable utility tax and; therefore, would not be subject to the B&O tax. There are no other known taxpayers in Kent that would benefit from this deduction. 4. For profit day care homes in private residences [26] *** Definition: • Seattle (SMC 5.45.100 [E]. Deduction allowed for nursery schools, child care providers and privately operated kindergartens if less than 24 hours for children under eight years of age and not enrolled in or above the first grade.) • Bellevue (BCC 4.09.090(I) & 4.09.030(W). Exemption allowed for child and adult day care facilities in residences otherwise occupied as private homes. Discussion: Seattle and Bellevue do not distinguish between for-profit and non- profit with respect to this activity except that Bellevue exempts all 501(c)(3), (4) and (7) organizations. Kent currently exempts all Page 3 of 6 Exemptions Deductions Recommendations.docx 501(c) (3) organizations engaged in this activity. Further, the City has a $62,500 per quarter gross receipts exemption. 5. Investment management services [351 ** Definition: Investment management services are the professional asset management of various securities and other assets in order to meet specified investment goals for the benefit of the investors. Investors may be institutions or private investors. Discussion: Examples include brokers, financial institutions providing such services, etc. * Allowed by cities of Bellevue, Seattle and Tacoma ** Allowed by cities of Bellevue and Tacoma *** Allowed by cities of Bellevue and Seattle Approach: See also Summary Matrix exhibits. Documented each exemption and deduction provided in the Model Ordinance and compared this to the cities of Kent, Bellevue, Seattle and Tacoma. Also documented exemptions and deductions provided by those cities that were not included in the Model Ordinance. This memo reflects exemptions and deductions not provided by the City of Kent, but provided by at least two of the other cities. B&O Tax Exemptions and Deductions Summary Analysis: Exemption from B&O Tax -Description Ref #] Kent State Bellevue Seattle Tacoma Non-profit Yes No Yes No No organizations [1] 501(c)(3) 501(c)(3) Only 501(c)(4) 501(c)(7) Only Adult Family Homes No Yes Yes Yes No 1a Child care resource and Yes Yes Yes Yes Yes referral services by 501(c)(3) 501(c)(3) Only nonprofit organizations Only 1c Page 4 of 6 Exemptions Deductions Recommendations.docx Exemption from B&O Tax - Continued Non-profit Yes Yes Yes Yes Yes 501(c)(3) organizations that are 501(c)(3) 501(c)(3) Only guarantee agencies, Only 501(c)(4) issue debt, or provide 501(c)(7) guarantees for student Only loans 1d Credit and debt Yes Yes Yes Yes Yes 501(c)(3) services provided by 501(c)(3) 501(c)(3) Only non-profit Only 501(c)(4) organizations [1e] 501(c)(7) Only Certain fraternal and Yes Yes Yes Yes Yes beneficiary 501(c)(3) 501(c)(3) organizations [1 f] Only 501(c)(4) 501(c)(7) Only Day care homes in No No Yes Yes No residences [26] deduction Deductions from B&O Tax Gross Receipts -Description Ref # Kent State Bellevue Seattle Tacoma Membership fees and Yes Yes Yes Yes Yes certain service fees by 501(c)(3) (exemption) 501(c)(3) Only non-profit youth Only -organizations 1] Fees, dues and charges Yes Yes Yes Yes Yes by non-profit 501(c)(3) (exemption) 501(c)(3) Only organizations 2 Only Income from business Yes Yes Yes Yes Yes activities of non-profit 501(c)(3) (exemption) 501(c )(3) artistic and cultural Only Only organizations 3 Value of articles for use Yes No Yes Yes Yes in displaying art objects 501(c)(3) (exemption) 501(c )(3) or presenting artistic or Only Only cultural exhibitions, performances, or programs by non-profit organizations 4 Day care activities Yes No Yes Yes Yes provided by non-profit 501(c)(3) (exemption) 501(c )(3) organizations [51 Only Only Page 5 of 6 Exemptions Deductions Recommendations.docx Deductions from B&O Tax Gross Receipts Tax - Continued Description Ref # Kent State Bellevue Seattle Tacoma Repair, maintenance, No Yes Yes Yes No replacement, etc. of residential structures and commonly held property by eligible organizations 13 Sales of precious metal No No Yes Yes Yes bullion and monetized bullion 14 Rental of real estate for No No Yes Yes Yes -boarding homes 15 Advertising agency fees No Yes Yes Yes Yes for national, regional, and network radio and television broadcasting [16] Initiation Fees 20 No Yes Yes Yes Yes Dues [21] No Yes Yes Yes Yes Contributions 22 No Yes Yes Yes Yes Donations [23] No Yes Yes Yes Yes Tuition fees [24] No Yes Yes Yes Yes Attendance charges for No Yes Yes Yes Yes trade shows, 501(c)(3) conventions, or 501(c)(4) educational seminars 501(c)(7) sponsored by nonprofit Only trade or professional -organizations 25 Fees, dues and charges No Yes Yes Yes Yes for privately operated -kindergartens [26] Fees, dues and charges No Yes Yes Yes Yes for endowment funds 27 Cost of merchandise for No No Exemption Yes No distribution affiliate or cooperative [28] Research and No No No Yes No development for life sciences by non-profit -organizations 33 Investment management No No Yes No Yes services 35] exem tion Page 6 of 6 According to the IRS Publication.557`r, in the Organization Reference Chart section, the following is an exact list of 501(c) organization types and their corresponding descriptions. 501(c)(1)— Corporations Organized Under Act.of Congress (including Federal Credit Unions) • 501(c)(2)—Title Holding Corporation for Exempt Organization • 501 c 3 —Religious, Educational, Charitable, Scientific, Literary, Testing for Public Safety, to Foster National or International Amateur Sports Competition, or Prevention of Cruelty to Children or Animals Organizations • 501 c 4 — Civic Leagues, Social Welfare Organizations, and Local Associations of Employees • 501 c 5 —Labor, Agricultural and Horticultural Organizations 501 c 6 —Business Leagues, Chambers of Commerce, Real Estate Boards, etc. 501(c)(7)—Social and Recreational Clubs • 501(c)(8)—Fraternal Beneficiary Societies and Associations • 501(c)(9)—Voluntary Employee Beneficiary Associations • 501(c)(10)— Domestic Fraternal Societies and Associations • 501(c)(11)—Teachers' Retirement Fund Associations • 501(c)(12)— Benevolent Life Insurance Associations, Mutual Ditch or Irrigation Companies, Mutual or Cooperative Telephone Companies, etc. 501(c)(13)—Cemete Companies 501(c)(14)—State-Chartered Credit Unions, Mutual Reserve Funds • 501(c)(15)—Mutual Insurance Companies or Associations • 501(c)(16)—Cooperative Organizations to Finance Crop Operations • 501(c)(17)—Supplemental Unemployment Benefit Trusts • 501(c)(18)— Employee Funded Pension Trust (created before June 25, 1959). • 501(c)(19)—Post or Organization of Past or Present Members of the Armed Forces • 501(c)(20)— Group Legal Services Plan Organizations • 501(c)(21)—Black lung Benefit Trusts • 501(c)(22) —Withdrawal Liability Payment Fund • 501(c)(23) —Veterans Organization.(created before 1880) • 501(c)(24)—Section 4049 ERISA Trusts • 501(c)(25)—Title Holding Corporations or Trusts with Multiple Parents 501(c)(26)-State-Sponsored Organization Providing Health Coverage for High-Risk Individuals . • 501(c)(27) —State-Sponsored Workers' Compensation Reinsurance Organization 501(c)(28)— National Railroad Retirement Investment Trust 501(c)(29)—Qualified Nonprofit Health Insurance Issuers (Created in section - 1322(h)(1) of the Affordable Care Act)L