Washington Code 82.04.4274 – Deductions — Nonprofit management companies — Personnel performing on-site functions
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(1) In computing tax due under this chapter, there may be deducted from the measure of tax all amounts received by:
Terms Used In Washington Code 82.04.4274
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) A nonprofit property management company from the owner of property for gross wages, benefits, and payroll taxes paid to, or for, personnel performing on-site functions;
(b) A property management company from a housing authority for gross wages, benefits, and payroll taxes paid to, or for, personnel performing on-site functions; or
(c) A property management company from a limited liability company or limited partnership of which the sole managing member or sole general partner is a housing authority for gross wages, benefits, and payroll taxes paid to, or for, personnel performing on-site functions.
(2) The definitions in this subsection apply to this section.
(a) “Personnel performing on-site functions” means a person who meets all of the following conditions:
(i) The person works at the owner’s property or centrally performs on-site functions for the property;
(ii) The person’s duties include leasing property units, maintaining the property, preparing tenant income certification paperwork or other compliance documents required to lease the unit, collecting rents, recording rents, or performing similar activities; and
(iii) The property management company, for whom the personnel performing on-site functions works, operates under a written property management agreement.
(b) “Nonprofit property management company” means a property management company that:
(i) Is exempt from the tax under 26 U.S.C. § 501(c) of the federal internal revenue code, as it exists on January 1, 2010, but only when such organization is providing property management services for low-income housing that has qualified for the property tax exemption under RCW 84.36.560; or
(ii) Is a public corporation established under RCW 35.21.730.
(c) “Housing authority” means a housing authority created pursuant to chapter 35.82 RCW.
NOTES:
Affect on existing rights, liabilities, obligations, and proceedings—2011 1st sp.s. c 26: “This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.” [ 2011 1st sp.s. c 26 § 3.]