Professional Documents
Culture Documents
<MikeG@dor.wa.gov>
to Jeff Reifman
date Fri, Nov 13, 2009 at 10:55 AM
Jeff,
Many
of
your
questions
obviously
relate
to
the
operations
of
a
specific
company
in
the
software
industry.
While
we
could
attempt
to
provide
general
answers
to
these
questions,
you
have
been
applying
our
answers
to
a
specific
company
in
your
blog
postings.
Your
apparent
goal
is
to
narrow
the
line
of
questioning
down
to
a
single
company.
We
regret
that
we
cannot
answer
such
specific
questions
because
of
the
need
to
protect
confidential
taxpayer
information.
We
also
cannot
comment
on
what
we
do
with
any
information
you
provide
to
us
that
may
bear
on
the
taxability
of
a
business.
We
do
act
on
any
information
we
receive.
We
can
assure
you
that
the
Department
regularly
audits
large
taxpayers
in
the
state
to
ensure
full
compliance
with
applicable
tax
laws.
This
includes
examining
transactions
between
affiliate
corporations.
Any
such
activity
would
be
taxable
as
provided
under
the
appropriate
classification
of
the
B&O
tax.
To
go
into
further
detail
about
the
taxability
of
such
transactions
would
risk
violation
of
the
confidentiality
laws.
The
Department
can
only
enforce
taxes
where
they
are
legally
enforceable.
It
cannot
impose
taxes
on
a
company
if
it
reasonably
believes
that
such
enforcement
would
be
overruled
by
the
courts.
This
would
be
a
waste
of
state
resources.
Regarding
legal
protections,
the
parties'
choice
of
which
jurisdiction's
law
will
govern
interpretation
of
a
contract
are
standard
choice-‐of-‐law
clauses.
It
does
not
impact
tax
results,
which
are
determined
according
to
applicable
statutes
and
agency
rules.
Regarding
the
use
of
the
Estep
decision,
The
Department
follows
its
published
determination
in
3
WTD
259.
This
determination
applies
the
Estep
decision's
analysis
on
step
transactions
to
excise
taxes.
We
believe
this
is
an
appropriate
use
of
this
decision.
Mike