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SB 5289

Momentum Bucket Early Stage
Legal Title AN ACT Relating to providing a sales and use tax exemption for qualifying farm machinery and equipment;
Bill Description Providing a sales and use tax exemption for qualifying farm machinery and equipment.
What this bill does
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This bill amends RCW 82.08.855 and RCW 82.12.855 to create a sales and use tax exemption for qualifying farm machinery and equipment, replacement parts for that machinery, and certain labor and services to install or repair such machinery. It adds procedural requirements for mixed transactions (exempt and nonexempt services must be separately itemized and the exempt charge must not exceed the seller’s usual and customary charge), requires sellers to obtain and retain exemption certificates (or capture required data under the streamlined sales and use tax agreement), and requires purchasers claiming the exemptions to keep records. The bill changes tax administration by treating purchases of qualifying machinery as initially taxable with a remittance option: eligible farmers pay tax at purchase and may apply to the department for remittance of 100% of the state tax paid, subject to conditions and limits. Remittance applications must include invoices, remittances are limited to one application per eligible farmer per calendar quarter, and the department must remit approved amounts quarterly. If a person who claimed an exemption fails to meet the eligible-farmer condition, taxes for which an exemption was claimed become due within 30 days after the end of the first full tax year in which the person engages in business as a farmer; interest is assessed retroactive to the date the exemption was claimed, and penalties may not be imposed if full payment is received by the due date. The bill defines key terms for the exemption regime, including detailed categories of who qualifies as an “eligible farmer,” what counts as “qualifying farm machinery and equipment” (with explicit exclusions such as most vehicles, aircraft, hand tools, and property with useful life under one year), “replacement parts,” “harvested value,” and “tax year,” and it ties average price data to USDA NASS or a recognized authority if NASS data are unavailable. It also makes the definitions, recordkeeping requirements, conditions, and limitations in RCW 82.08.855 applicable to RCW 82.12.855 and contains a special rule addressing new-to-farming or newly returned farmers related to proof of income. The act applies to sales or uses occurring on or after October 1, 2025, bars the department from assessing tax on exempt items if the person was an eligible farmer when they first put the items to use, and states that RCW 82.32.805 and RCW 82.32.808 do not apply to this act. The text provided omits the identity of “the department,” the remainder of some provisions (the excerpt ends mid-sentence), and full text of the new sections referenced, so some procedural and cross-reference details are unclear from the available material.
Why it matters
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If enacted, farmers who meet the bill’s definition of “eligible farmer” (generally those with at least $10,000 in gross sales, harvested value, or estimated value of agricultural products, or certain new/returning farmers who meet conditions) would effectively avoid the state portion of sales and use tax on qualifying farm machinery and equipment, qualifying replacement parts, and certain installation or repair labor when requirements are met. Practically, farmers would either claim exempt sales at the time of purchase (with sellers taking an exemption certificate or required data) or pay tax and apply to the agency for a quarterly remittance equal to 100% of the state tax paid; remittance applications must include invoices and an eligible farmer may only request one remittance per calendar quarter. Sellers must separately itemize exempt labor or services (and keep exemption certificates or streamlined agreement data), and purchasers must keep records to support the exemption. The changes shift upfront cash flow and administrative burdens: eligible farmers could save the state tax on major equipment purchases after applying for remittance, but must collect and keep documentation and may have to repay taxes plus interest if they later fail to meet eligibility (repayment is due within 30 days after the end of the first full tax year of farming, with interest back to the date the exemption was claimed, though no penalties if paid on time). Sellers take on more recordkeeping and billing duties to separate exempt charges. The act would apply to qualifying sales or uses on or after October 1, 2025. The extracted text does not name the specific department administering remittances and some portions of the related code language are missing, so a few implementation details remain unclear.
Official Documents View Full Bill Text
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SB 5289 Details and Bill Topics

Details

Date Introduced 01/15/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $2,932,117.50

Bill Topics

FARMS AND FARMING
TAX PREFERENCES - EXEMPTIONS, CREDITS, DEDUCTIONS, DEFERRALS, ETC.

SB 5289 Sponsors and Committee Hearings

Sponsors

Senator Schoesler (Primary)
Senator Boehnke
Senator Dozier
Senator J. Wilson
Senator MacEwen
Senator Holy
Senator Warnick
Senator Wagoner
Senator Fortunato
Senator King
Senator Krishnadasan

Committee Hearings

Go to SB 5289 at leg.wa.gov

SB 5289 Bill Timeline

Early Stage
1/11/2026
SWays & Means
By resolution, reintroduced and retained in present status.
1/14/2025
SWays & Means
First reading, referred to Ways & Means.

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