Revised Code of Washington
Wash. Rev. Code § 82.04.250 (2025)
Tax on retailers
✓ laws through the 2025 session: 2026 session laws are not yet included
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(1) Upon every person engaging within this state in the business of making sales at retail, except persons taxable as retailers under other provisions of this chapter, as to such persons, the amount of tax with respect to such business is equal to the gross proceeds of sales of the business, multiplied by the rate of 0.471 percent.
(2) Upon every person engaging within this state in the business of making sales at retail that are exempt from the tax imposed under chapter 82.08 RCW by reason of RCW 82.08.0261, 82.08.0262, or 82.08.0263, except persons taxable under RCW 82.04.260(11) or subsection (3) of this section, as to such persons, the amount of tax with respect to such business is equal to the gross proceeds of sales of the business, multiplied by the rate of 0.484 percent.
(3)(a) Until July 1, 2040, upon every person classified by the federal aviation administration as a federal aviation regulation part 145 certificated repair station and that is engaging within this state in the business of making sales at retail that are exempt from the tax imposed under chapter 82.08 RCW by reason of RCW 82.08.0261, 82.08.0262, or 82.08.0263, as to such persons, the amount of tax with respect to such business is equal to the gross proceeds of sales of the business, multiplied by the rate of .2904 percent.
(b) A person reporting under the tax rate provided in this subsection (3) must file a complete annual report with the department under RCW 82.32.534.
[ 2014 c 97 s 402; (2014 c 97 s 401 expired July 9, 2014); 2013 3rd sp.s. c 2 s 7; 2010 1st sp.s. c 23 s 509; (2010 1st sp.s. c 23 s 508 expired July 1, 2011); (2010 1st sp.s. c 23 s 507 expired July 13, 2010); 2010 1st sp.s. c 11 s 1; (2010 c 114 s 106 expired July 1, 2011); 2008 c 81 s 5; (2007 c 54 s 5 repealed by 2010 1st sp.s. c 11 s 7); 2006 c 177 s 5; 2003 2nd sp.s. c 1 s 2; (2003 1st sp.s. c 2 s 1 expired July 1, 2006). Prior: 1998 c 343 s 5; 1998 c 312 s 4; 1993 sp.s. c 25 s 103; 1981 c 172 s 2; 1971 ex.s. c 281 s 4; 1971 ex.s. c 186 s 2; 1969 ex.s. c 262 s 35; 1967 ex.s. c 149 s 9; 1961 c 15 s 82.04.250; prior: 1955 c 389 s 45; prior: 1950 ex.s. c 5 s 1, part; 1949 c 228 s 1, part; 1943 c 156 s 1, part; 1941 c 178 s 1, part; 1939 c 225 s 1, part; 1937 c 227 s 1, part; 1935 c 180 s 4, part; Rem. Supp. 1949 s 8370-4, part.]
Notes:
Contingent expiration date—2014 c 97 ss 401 and 403: "Sections 401 and 403 of this act expire on the date that sections 402 and 404 of this act take effect." [ 2014 c 97 s 605.]
Contingent effective date—2013 3rd sp.s. c 2: See RCW 82.32.850.
Findings—Intent—2013 3rd sp.s. c 2: See note following RCW 82.32.850.
Effective date—2010 1st sp.s. c 23 s 509: "Section 509 of this act takes effect July 1, 2011." [ 2010 1st sp.s. c 23 s 1717.]
Effective date—2010 1st sp.s. c 23 s 508: "Section 508 of this act takes effect July 13, 2010." [ 2010 1st sp.s. c 23 s 1715.]
Expiration date—2010 1st sp.s. c 23 s 508: "Section 508 of this act expires July 1, 2011." [ 2010 1st sp.s. c 23 s 1716.]
Expiration date—2010 1st sp.s. c 23 s 507: "Section 507 of this act expires July 13, 2010." [ 2010 1st sp.s. c 23 s 1714.]
Findings—Intent—2010 1st sp.s. c 23: See notes following RCW 82.04.220.
Effective date—2010 1st sp.s. c 23: See note following RCW 82.04.4292.
Expiration date—2010 c 114 s 106: "Section 106 of this act expires July 1, 2011." [ 2010 c 114 s 204.]
Application—Finding—Intent—2010 c 114: See notes following RCW 82.32.534.
Expiration date—2008 c 81 s 5: "Section 5 of this act expires July 1, 2011." [ 2008 c 81 s 19.] This expiration date was repealed by 2010 1st sp.s. c 11 s 7.
Findings—Savings—Effective date—2008 c 81: See notes following RCW 82.08.975.
Effective date—2007 c 54 s 5: "Section 5 of this act takes effect July 1, 2011." [ 2007 c 54 s 30.] This effective date was repealed by 2010 1st sp.s. c 11 s 7.
Severability—2007 c 54: See note following RCW 82.04.050.
Expiration date—2006 c 177 s 5: "Section 5 of this act expires July 1, 2011." [ 2006 c 177 s 14.] This expiration date was repealed by 2010 1st sp.s. c 11 s 7.
Effective date—2006 c 177 ss 1-9: "Sections 1 through 9 of this act take effect July 1, 2006." [ 2006 c 177 s 12.]
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
Expiration date—2003 1st sp.s. c 2: "This act expires July 1, 2006." [ 2003 1st sp.s. c 2 s 3.]
Effective date—2003 1st sp.s. c 2: "This act takes effect August 1, 2003." [ 2003 1st sp.s. c 2 s 4.]
Effective date—1998 c 343: See note following RCW 82.04.272.
Effective date—Savings—1998 c 312: See notes following RCW 82.04.332.
Severability—Effective dates—Part headings, captions not law—1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1971 ex.s. c 186: See note following RCW 82.04.110.
(1) Upon every person engaging within this state in the business of making sales at retail, except persons taxable as retailers under other provisions of this chapter, as to such persons, the amount of tax with respect to such business is equal to the gross proceeds of sales of the business, multiplied by the rate of 0.5 percent.
(2) Upon every person engaging within this state in the business of making sales at retail that are exempt from the tax imposed under chapter 82.08 RCW by reason of RCW 82.08.0261, 82.08.0262, or 82.08.0263, except persons taxable under RCW 82.04.260(11) or subsection (3) of this section, as to such persons, the amount of tax with respect to such business is equal to the gross proceeds of sales of the business, multiplied by the rate of 0.5 percent.
(3)(a) Until July 1, 2040, upon every person classified by the federal aviation administration as a federal aviation regulation part 145 certificated repair station and that is engaging within this state in the business of making sales at retail that are exempt from the tax imposed under chapter 82.08 RCW by reason of RCW 82.08.0261, 82.08.0262, or 82.08.0263, as to such persons, the amount of tax with respect to such business is equal to the gross proceeds of sales of the business, multiplied by the rate of .2904 percent.
(b) A person reporting under the tax rate provided in this subsection (3) must file a complete annual report with the department under RCW 82.32.534.
(4) Upon every person engaging within this state in business as a critical access pharmacy making sales at retail; as to such persons, the amount of the tax with respect to such business is equal to the gross income of the business multiplied by the rate of 0.138 percent.
(5) For purposes of this section, the following definitions apply:
(a) "Critical access pharmacy" means an independent pharmacy that:
(i) Is farther than a 25 mile radius from any other pharmacy;
(ii) Is the only pharmacy on an island;
(iii) Is operated by a tribe as defined in RCW 43.71B.010;
(iv) Is the only pharmacy located in a high poverty census tract as defined by the United States census bureau; or
(v) Is a pharmacy listed on the health care authority's critical access pharmacy list on or before July 1, 2026.
(b) "Independent pharmacy" means a pharmacy as defined in RCW 18.64.011 that is not owned or operated by a subsidiary or affiliate of a for-profit entity with more than 10 pharmacy locations nationwide, a pharmacy benefit manager, or a publicly traded entity.
[ 2026 c 265 s 3; 2025 c 420 s 103; 2014 c 97 s 402; (2014 c 97 s 401 expired July 9, 2014); 2013 3rd sp.s. c 2 s 7; 2010 1st sp.s. c 23 s 509; (2010 1st sp.s. c 23 s 508 expired July 1, 2011); (2010 1st sp.s. c 23 s 507 expired July 13, 2010); 2010 1st sp.s. c 11 s 1; (2010 c 114 s 106 expired July 1, 2011); 2008 c 81 s 5; (2007 c 54 s 5 repealed by 2010 1st sp.s. c 11 s 7); 2006 c 177 s 5; 2003 2nd sp.s. c 1 s 2; (2003 1st sp.s. c 2 s 1 expired July 1, 2006). Prior: 1998 c 343 s 5; 1998 c 312 s 4; 1993 sp.s. c 25 s 103; 1981 c 172 s 2; 1971 ex.s. c 281 s 4; 1971 ex.s. c 186 s 2; 1969 ex.s. c 262 s 35; 1967 ex.s. c 149 s 9; 1961 c 15 s 82.04.250; prior: 1955 c 389 s 45; prior: 1950 ex.s. c 5 s 1, part; 1949 c 228 s 1, part; 1943 c 156 s 1, part; 1941 c 178 s 1, part; 1939 c 225 s 1, part; 1937 c 227 s 1, part; 1935 c 180 s 4, part; Rem. Supp. 1949 s 8370-4, part.]
Notes:
Findings—Intent—Automatic expiration date and tax preference performance statement exemption—Effective date—2026 c 265: See notes following RCW 82.04.280.
Effective date—2025 c 420 ss 101-108 and 110-112: See note following RCW 82.04.230.
Tax preference performance statement exemption—Automatic expiration date exemption—Necessity of act—2025 c 420: See notes following RCW 82.04.230.
Contingent expiration date—2014 c 97 ss 401 and 403: "Sections 401 and 403 of this act expire on the date that sections 402 and 404 of this act take effect." [ 2014 c 97 s 605.]
Contingent effective date—2013 3rd sp.s. c 2: See RCW 82.32.850.
Findings—Intent—2013 3rd sp.s. c 2: See note following RCW 82.32.850.
Effective date—2010 1st sp.s. c 23 s 509: "Section 509 of this act takes effect July 1, 2011." [ 2010 1st sp.s. c 23 s 1717.]
Effective date—2010 1st sp.s. c 23 s 508: "Section 508 of this act takes effect July 13, 2010." [ 2010 1st sp.s. c 23 s 1715.]
Expiration date—2010 1st sp.s. c 23 s 508: "Section 508 of this act expires July 1, 2011." [ 2010 1st sp.s. c 23 s 1716.]
Expiration date—2010 1st sp.s. c 23 s 507: "Section 507 of this act expires July 13, 2010." [ 2010 1st sp.s. c 23 s 1714.]
Findings—Intent—2010 1st sp.s. c 23: See notes following RCW 82.04.220.
Effective date—2010 1st sp.s. c 23: See note following RCW 82.04.4292.
Expiration date—2010 c 114 s 106: "Section 106 of this act expires July 1, 2011." [ 2010 c 114 s 204.]
Application—Finding—Intent—2010 c 114: See notes following RCW 82.32.534.
Expiration date—2008 c 81 s 5: "Section 5 of this act expires July 1, 2011." [ 2008 c 81 s 19.] This expiration date was repealed by 2010 1st sp.s. c 11 s 7.
Findings—Savings—Effective date—2008 c 81: See notes following RCW 82.08.975.
Effective date—2007 c 54 s 5: "Section 5 of this act takes effect July 1, 2011." [ 2007 c 54 s 30.] This effective date was repealed by 2010 1st sp.s. c 11 s 7.
Severability—2007 c 54: See note following RCW 82.04.050.
Expiration date—2006 c 177 s 5: "Section 5 of this act expires July 1, 2011." [ 2006 c 177 s 14.] This expiration date was repealed by 2010 1st sp.s. c 11 s 7.
Effective date—2006 c 177 ss 1-9: "Sections 1 through 9 of this act take effect July 1, 2006." [ 2006 c 177 s 12.]
Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461.
Expiration date—2003 1st sp.s. c 2: "This act expires July 1, 2006." [ 2003 1st sp.s. c 2 s 3.]
Effective date—2003 1st sp.s. c 2: "This act takes effect August 1, 2003." [ 2003 1st sp.s. c 2 s 4.]
Effective date—1998 c 343: See note following RCW 82.04.272.
Effective date—Savings—1998 c 312: See notes following RCW 82.04.332.
Severability—Effective dates—Part headings, captions not law—1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1971 ex.s. c 186: See note following RCW 82.04.110.
Notes of Decisions
Cited in 51
cases (12 in the last 5 years), 1954–2026 · leading case: Tyler Pipe Indus., Inc. v. Washington State Dep't of Revenue, 483 U.S. 232 (1987).
Tyler Pipe Indus., Inc. v. Washington State Dep't of Revenue, 483 U.S. 232 (1987). “"(2) Persons taxable under RCW 82.04.250 [tax on retailers] or 82.04.”
Safeway, Inc. v. Dep't of Revenue, 978 P.2d 559 (Wash. Ct. App. 1999). “And retailing is taxed under RCW 82.04.250 based on gross receipts. To lessen the impact of such repetitive B & O taxation of the same taxpayer for the same product, the Legislature established the Multiple Activities Tax Credit (MATC).”
Rho Co. v. Dep't of Revenue, 782 P.2d 986 (Wash. 1989). “RCW 82.04.250; 82.04.2904(1). Retail sales tax due would be 7.”
Rena-Ware Distributors, Inc. v. State, 463 P.2d 622 (Wash. 1970). “During the period involved in this action, RCW 82.04.250 levied a business and occupation tax [u]pon every person engaging within this state in the business of making sales at retail; as to such persons, the amount of tax with respect to such business shall be equal to the gross…”
Nelson v. Appleway Chevrolet, Inc., 157 P.3d 847 (Wash. 2007). “RCW 82.04.250. "Gross proceeds of sales" are defined as the "value proceeding or accruing from the sale of tangible personal property and/or for services rendered," without any deductions for costs of the items or services, or other expenses, including "taxes, or any other…”
Bravern Residential II, LLC v. Dep't of Revenue, 334 P.3d 1182 (Wash. Ct. App. 2014). “Former RCW 82.04.250(1) (2010). For both taxes, a “retail sale” includes tangible personal property consumed and services rendered in constructing buildings on real property for consumers.”
Nelson v. Appleway Chevrolet, Inc., 160 Wash. 2d 173 (2007). “RCW 82.04.250. “Gross proceeds of sales” are defined as the “value proceeding or accruing from the sale of tangible personal property and/or for services rendered,” without any deductions for costs of the items or services, or other expenses, including “taxes, or any other…”
Chicago Bridge & Iron Co. v. Dep't of Revenue, 659 P.2d 463 (Wash. 1983). “RCW 82.04.250; RCW 82.04.270(1). '"Gross proceeds of sales' means the value proceeding or accruing from the sale of tangible personal property and/or for services rendered," without any deduction for costs of material or labor or any other expenses.”
Lowe's Home Ctrs., LLC v. Dep't of Revenue, 455 P.3d 659 (Wash. 2020). “" RCW 82.04.250(1). A party may deduct "from the measure oftax bad debts, as that term is used in 26 U.”
Steven Klein, Inc. v. Dep't of Revenue, 357 P.3d 59 (Wash. 2015). “” RCW 82.04.250(1). There is also a catchall provision covering other business or service activities.”
Gartner, Inc. v. Wa State Dept. Of Revenue, 455 P.3d 1179 (Wash. Ct. App. 2020). “RCW 82.04.250(1); Bucoda Trailer Park, Inc.”
First Am. Title Ins. v. Dep't of Revenue, 27 P.3d 604 (Wash. 2001). “actually received or accrued.” RCW 82.04.090. Requiring First American to pay B&O tax under two differing tax schemes for the same commercial transaction appears inequitable on its face and inconsistent with the taxation statutes.”
Wash. Rev. Code § 82.04.250(1): 18 cases
Bravern Residential II, LLC v. Dep't of Revenue, 334 P.3d 1182 (Wash. Ct. App. 2014). “Former RCW 82.04.250(1) (2010). For both taxes, a “retail sale” includes tangible personal property consumed and services rendered in constructing buildings on real property for consumers.”
Lowe's Home Ctrs., LLC v. Dep't of Revenue, 455 P.3d 659 (Wash. 2020). “" RCW 82.04.250(1). A party may deduct "from the measure oftax bad debts, as that term is used in 26 U.”
Steven Klein, Inc. v. Dep't of Revenue, 357 P.3d 59 (Wash. 2015). “” RCW 82.04.250(1). There is also a catchall provision covering other business or service activities.”
Gartner, Inc. v. Wa State Dept. Of Revenue, 455 P.3d 1179 (Wash. Ct. App. 2020). “RCW 82.04.250(1); Bucoda Trailer Park, Inc.”
First Am. Title Ins. v. Dep't of Revenue, 27 P.3d 604 (Wash. 2001). “actually received or accrued.” RCW 82.04.090. Requiring First American to pay B&O tax under two differing tax schemes for the same commercial transaction appears inequitable on its face and inconsistent with the taxation statutes.”
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