HomeMy WebLinkAboutOrd 2781 - Business & Occupation Tax (B&O)City of Tukwila
Washington
Ordinance No. 2781
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; AMENDING ORDINANCE NO. 2689
§5, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC)
SECTION 3.26.040, "DEFINITIONS"; AMENDING ORDINANCE NO.
2726 §11, AS CODIFIED AT TMC SECTION 3.27.220; TO ADOPT
UPDATED BUSINESS AND OCCUPATION TAX REGULATIONS IN
ACCORDANCE WITH THE MODEL ORDINANCE; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, RCW 35.102.040 requires the City to adopt the mandatory provisions of
the model ordinance developed by Washington cities when imposing a business and
occupation tax; and
WHEREAS, the definition in RCW 82.04.050 for "sale at retail" or "retail sale" and the
definition in RCW 82.04.060 for "sale at wholesale" or "wholesale sale" were amended by
Senate Bill 5814, resulting in changes to Washington's model ordinance; and
WHEREAS, the City has adopted an administrative provision relating to public
disclosure and confidentiality of tax information, which requires a technical correction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 3.26.040 Amended. Ordinance No. 2689 §5, as codified at
TMC Section 3.26.040, "Definitions," subparagraph U, is hereby amended to read as
follows:
3.26.040 Definitions
U. "Sale at retail," "retail sale"
1. "Sale at retail" or "retail sale" means every sale of tangible personal property
(including articles produced, fabricated, or imprinted) to all persons irrespective of the
nature of their business and including, among others, without limiting the scope hereof,
persons who install, repair, clean, alter, improve, construct, or decorate real or personal
2025 Legislation: B&O Tax Ordinance
Version: 11/14/25
Staff: A. Schierenbeck
Page 1 of 9
property of or for consumers, other than a sale to a person who presents a resale
certificate under RCW 82.04.470 and who:
a. Purchases for the purpose of resale as tangible personal property in the
regular course of business without intervening use by such person; or
b. Installs, repairs, cleans, alters, imprints, improves, constructs, or
decorates real or personal property of or for consumers, if such tangible personal property
becomes an ingredient or component of such real or personal property without intervening
use by such person; or
c. Purchases for the purpose of consuming the property purchased in
producing for sale a new article of tangible personal property or substance, of which such
property becomes an ingredient or component or is a chemical used in processing, when
the primary purpose of such chemical is to create a chemical reaction directly through
contact with an ingredient of a new article being produced for sale; or
d. Purchases for the purpose of consuming the property purchased in
producing ferrosilicon which is subsequently used in producing magnesium for sale, if the
primary purpose of such property is to create a chemical reaction directly through contact
with an ingredient of ferrosilicon; or
e. Purchases for the purpose of providing the property to consumers as
part of competitive telephone service, as defined in RCW 82.04.065; or
f. Purchases for the purpose of satisfying the person's obligations under
an extended warranty as defined in subsection (8) of this section, if such tangible personal
property replaces or becomes an ingredient or component of property covered by the
extended warranty without intervening use by such person.
The term shall include every sale of tangible personal property which is used or consumed
or to be used or consumed in the performance of any activity defined as a "sale at retail"
or "retail sale" even though such property is resold or utilized as provided in (a)(i) through
(vi) of this subsection following such use.
The term also means every sale of tangible personal property to persons engaged in any
business that is taxable under RCW 82.O4.28O(1)(a), (b), and (g), 82.04.290, and
82.04.2908.
2. "Sale at retail" or "retail sale" also means every sale of tangible personal
property to persons engaged in any business activity which is taxable under TMC Section
3.26.O5O.A.7.
3. The term "sale at retail" or "retail sale" includes the sale of or charge made for
personal, business, or professional services including amounts designated as interest,
rents, fees, admissions, and other service emoluments however designated, received by
persons engaging in the following business activities:
a. Information technology training services, technical support, and other
services including, but not limited to, assisting with network operations and support, help
2025 Legislation: B&O Tax Ordinance
Version: 11/14/25
Staff: A. Schierenbeck
Page 2 of 9
desk services, in -person training related to hardware or software, network system support
services, data entry services, and data processing services; or
b. Custom website development services. For the purposes of this
subsection (3), "website development services" means the design, development, and
support of a website provided by a website developer to a customer; or
c. Investigation, security services, security monitoring services, and armored
car services including, but not limited to, background checks, security guard and patrol
services, personal and event security, armored car transportation of cash and valuables,
and security system services and monitoring. This does not include locksmith services; or
d. Temporary staffing services. For the purposes of this subsection (3),
"temporary staffing services" means providing workers to other businesses, except for
hospitals licensed under chapter 70.41 or 71.12 RCW, for limited periods of time to
supplement their workforce and fill employment vacancies on a contract or for a fee basis;
or
e. Advertising services.
i. For the purposes of this subsection (3), "advertising services" means
all digital and nondigital services related to the creation, preparation, production, or
dissemination of advertisements including, but not limited to:
A. Layout, art direction, graphic design, mechanical preparation,
production supervision, placement, referrals, acquisition of advertising space, and rendering
advice concerning the best methods of advertising products or services; and
B. Online referrals, search engine marketing, and lead generation
optimization, web campaign planning, the acquisition of advertising space in the internet
media, and the monitoring and evaluation of website traffic for purposes of determining the
effectiveness of an advertising campaign.
ii. "Advertising services" do not include:
A. Web hosting services and domain name registration;
B. Services rendered in respect to the following:
I. "Newspapers" as defined in RCW 82.04.214;
II. Printing or publishing under RCW 82.04.280; and
III. "Radio and television broadcasting" within this state as
defined in RCW 82.04 (section 1, chapter 9, Laws of 2025); and
C. Services rendered in respect to out -of -home advertising,
including: Billboard advertising; street furniture advertising; transit advertising; place -based
advertising, such as in-store display advertising or point -of -sale advertising; dynamic or
static signage at live events; naming rights; and fixed signage advertising. Out -of -home
advertising does not include direct mail; or
2025 Legislation: B&O Tax Ordinance
Version: 11/14/25
Staff: A. Schierenbeck
Page 3 of 9
f. Live presentations including, but not limited to, lectures, seminars,
workshops, or courses where participants attend either in person or via the internet or
telecommunications equipment that allows audience members and the presenter or
instructor to give, receive, and discuss information with each other in real time.
For the purposes of (a) through (c) and (e) of this subsection (3), the terms "sale at retail"
and "retail sale" do not include a sale between members of an affiliated group as defined in
RCW 82.O4.299(1)(f).
4. "Sale at retail" or "retail sale" shall include the sale of or charge made for
tangible personal property consumed and/or for labor and services rendered in respect
to the following:
a. The installing, repairing, cleaning, altering, imprinting, or improving of
tangible personal property of or for consumers, including charges made for the mere use
of facilities in respect thereto, but excluding charges made for the use of coin -operated
laundry facilities when such facilities are situated in an apartment house, rooming house,
or mobile home park for the exclusive use of the tenants thereof, and also excluding sales
of laundry service to nonprofit health care facilities, and excluding services rendered in
respect to live animals, birds and insects;
b. The constructing, repairing, decorating, or improving of new or existing
buildings or other structures under, upon, or above real property of or for consumers,
including the installing or attaching of any article of tangible personal property therein or
thereto, whether or not such personal property becomes a part of the realty by virtue of
installation, and shall also include the sale of services or charges made for the clearing
of land and the moving of earth excepting the mere leveling of land used in commercial
farming or agriculture;
c. The charge for labor and services rendered in respect to constructing,
repairing, or improving any structure upon, above, or under any real property owned by
an owner who conveys the property by title, possession, or any other means to the person
performing such construction, repair, or improvement for the purpose of performing such
construction, repair, or improvement and the property is then reconveyed by title,
possession, or any other means to the original owner;
d. The sale of or charge made for labor and services rendered in respect
to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall
not include the charge made for janitorial services; and for purposes of this section the
term "janitorial services" shall mean those cleaning and caretaking services ordinarily
performed by commercial janitor service businesses including, but not limited to, wall and
window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and
upholstery. The term "janitorial services" does not include painting, papering, repairing,
furnace or septic tank cleaning, snow removal or sandblasting;
e. The sale of or charge made for labor and services rendered in respect
to automobile towing and similar automotive transportation services, but not in respect to
those required to report and pay taxes under chapter 82.16 RCW;
2025 Legislation: B&O Tax Ordinance
Version: 11/14/25
Staff: A. Schierenbeck
Page 4 of 9
f. The sale of and charge made for the furnishing of lodging and all other
services, except telephone business and cable service, by a hotel, rooming house, tourist
court, motel, trailer camp, and the granting of any similar license to use real property, as
distinguished from the renting or leasing of real property, and it shall be presumed that
the occupancy of real property for a continuous period of one month or more constitutes
a rental or lease of real property and not a mere license to use or enjoy the same. For the
purposes of this subsection, it shall be presumed that the sale of and charge made for
the furnishing of lodging for a continuous period of one month or more to a person is a
rental or lease of real property and not a mere license to enjoy the same;
g. The installing, repairing, altering, or improving of digital goods for
consumers;
h. The sale of or charge made for tangible personal property, labor and
services to persons taxable under TMC Section 3.26.O4O.U.3.a, b, c, d, e, f, and g when
such sales or charges are for property, labor and services which are used or consumed
in whole or in part by such persons in the performance of any activity defined as a "sale
at retail" or "retail sale" even though such property, labor and services may be resold after
such use or consumption. Nothing contained in this section shall be construed to modify
TMC Section 3.26.O4O.U.1 and nothing contained in TMC Section 3.26.O4O.U.1 shall be
construed to modify this subsection.
5. "Sale at retail" or "retail sale" shall also include the providing of competitive
telephone service to consumers.
6. "Sale at retail" or "retail sale":
a. "Sale at retail" or "retail sale" shall also include the sale of prewritten
software, custom software, and customization of prewritten computer software to a
consumer, other than a sale to a person who presents a resale certificate under RCW
82.04.470, regardless of the method of delivery to the end user. For the purposes of this
subsection (6)(a), the sale of prewritten computer software includes the sale of or charge
made for a key or an enabling or activation code, where the key or code is required to
activate prewritten computer software and put the software into use. There is no separate
sale of the key or code from the prewritten computer software, regardless of how the sale
may be characterized by the vendor or by the purchaser.
b. (i). The term "sale at retail" or "retail sale" also includes the charge
made to consumers for the right to access and use prewritten computer software, custom
software, and customization of prewritten computer software, where possession of the
software is maintained by the seller or a third party, regardless of whether the charge for
the service is on a per use, per user, per license, subscription, or some other basis.
(ii.) A. The service described in (b)(i) of this subsection (6) includes
the right to access and use prewritten software, custom software, and customization of
prewritten computer software to perform data processing.
B. For the purposes of this subsection (b)(ii), "data processing"
means the systematic performance of operations on data to extract the required
information in an appropriate form or to convert the data to usable information. Data
2025 Legislation: B&O Tax Ordinance
Version: 11/14/25
Staff: A. Schierenbeck
Page 5 of 9
processing includes check processing, image processing, form processing, survey
processing, payroll processing, claim processing, and similar activities.
7. "Sale at retail" or "retail sale" shall also include the sale of or charge made
for labor and services rendered in respect to the building, repairing, or improving of any
street, place, road, highway, easement, right of way, mass public transportation terminal
or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or
political subdivision of the state, the State of Washington, or by the United States and
which is used or to be used primarily for foot or vehicular traffic including mass
transportation vehicles of any kind.
8. "Sale at retail" or "retail sale" shall also include the sale of or charge made
for an extended warranty to a consumer. For purposes of this subsection, "extended
warranty" means an agreement for a specified duration to perform the replacement or
repair of tangible personal property at no additional charge or a reduced charge for
tangible personal property, labor, or both, or to provide indemnification for the
replacement or repair of tangible personal property, based on the occurrence of specified
events. The term "extended warranty" does not include an agreement, otherwise meeting
the definition of extended warranty in this subsection, if no separate charge is made for
the agreement and the value of the agreement is included in the sales price of the tangible
personal property covered by the agreement.
9. "Sale at retail" or "retail sale" shall also include the sale of or charge made
for labor and services rendered in respect to the constructing, repairing, decorating, or
improving of new or existing buildings or other structures under, upon, or above real
property of or for the United States, any instrumentality thereof, or a county or city housing
authority created pursuant to chapter 35.82 RCW, including the installing, or attaching of
any article of tangible personal property therein or thereto, whether or not such personal
property becomes a part of the realty by virtue of installation (government contracting).
10. "Sale at retail" or "retail sale" shall not include the sale of services or charges
made for the clearing of land and the moving of earth of or for the United States, any
instrumentality thereof, or a county or city housing authority. Nor shall the term include
the sale of services or charges made for cleaning up for the United States, or its
instrumentalities, radioactive waste and other byproducts of weapons production and
nuclear research and development.
11. "Sale at retail" or "retail sale" shall not include the sale of or charge made for
labor and services rendered for environmental remedial action.
12. (a). "Sale at retail" or "retail sale" shall also include the following sales to
consumers of digital goods, digital codes, and digital automated services:
i. Sales in which the seller has granted the purchaser the right of
permanent use;
ii. Sales in which the seller has granted the purchaser a right of use
that is less than permanent;
2025 Legislation: B&O Tax Ordinance
Version: 11/14/25
Staff: A. Schierenbeck
Page 6 of 9
iii. Sales in which the purchaser is not obligated to make continued
payment as a condition of the sale; and
iv. Sales in which the purchaser is obligated to make continued
payment as a condition of the sale.
(b). A retail sale of digital goods, digital codes, or digital automated services
under this subsection (12) includes any services provided by the seller exclusively in
connection with the digital goods, digital codes, or digital automated services, whether or
not a separate charge is made for such services.
(c). A retail sale of digital goods, digital codes, or digital automated services
does not include the following services if the sale occurs between members of an affiliated
group as defined in RCW 82.O4.299(1)(f):
i. Any service that primarily involved the application of human effort
by the seller, and the human effort originated after the customer requested the service;
ii. Live presentations, such as lectures, seminars, workshops, or
courses, where participants are connected to other participants via the internet or
telecommunications equipment, which allows audience members and the presenter or
instructor to give, receive, and discuss information with each other in real time;
iii. Advertising services. For purposes of this subsection, "advertising
services" means all services directly related to the creation, preparation, production, or
dissemination of advertisements. Advertising services include layout, art direction,
graphic design, mechanical preparation, production supervision, placement, and
rendering advice to a client concerning the best methods of advertising that client's
products or services. Advertising services also include online referrals, search engine
marketing and lead generation optimization, web campaign planning, the acquisition of
advertising space in the internet media, and the monitoring and evaluation of website
traffic for purposes of determining the effectiveness of an advertising campaign.
Advertising services do not include web hosting services and domain name registration;
and
iv. Data processing services. For purposes of this subsection, "data
processing service" means a primarily automated service provided to a business or other
organization where the primary object of the service is the systematic performance of
operations by the service provider on data supplied in whole or in part by the customer to
extract the required information in an appropriate form or to convert the data to usable
information. Data processing services include check processing, image processing, form
processing, survey processing, payroll processing, claim processing, and similar
activities. Data processing does not include the service described in subsection (6)(b) of
this section.
(d). For purposes of this subsection, "permanent" means perpetual or for an
indefinite or unspecified length of time. A right of permanent use is presumed to have
been granted unless the agreement between the seller and the purchaser specifies or the
circumstances surrounding the transaction suggest or indicate that the right to use
terminates on the occurrence of a condition subsequent.
2025 Legislation: B&O Tax Ordinance
Version: 11/14/25
Staff: A. Schierenbeck
Page 7 of 9
13. "Sale at retail" or "retail sale" shall also include the installing, repairing,
altering, or improving of digital goods for consumers.
Section 2. TMC Section 3.26.040 Amended. Ordinance No. 2689 §5, as codified at
TMC Section 3.26.040, "Definitions," subparagraph V, is hereby amended to read as
follows:
3.26.040 Definitions
"Sale at wholesale," "wholesale sale" means any sale of tangible personal
property, digital goods, digital codes, digital automated services, prewritten computer
software, custom software, customization of prewritten computer software, or services
described in TMC Section 3.26.040.U.5.b.i, which is not a retail sale, and any charge
made for labor and services rendered for persons who are not consumers, in respect to
real or personal property and retail services, if such charge is expressly defined as a retail
sale or retail service when rendered to or for consumers. Sale at wholesale also includes
the sale of telephone business to another telecommunications company as defined in
RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715.
Section 3. TMC Section 3.27.220 Amended. Ordinance No. 2726 §11, as codified
at TMC Section 3.27.220, "Public Disclosure — Confidentiality — Information Sharing,"
subparagraph F, is hereby amended to read as follows:
F. Any person acquiring knowledge of any return or tax information in the course of
his or her employment with the City and any person acquiring knowledge of any return or
tax information as provided under subsection (c)(4), (5), (6), (7), (8), (9), or (11) of this
section, who discloses any such return or tax information to another person not entitled
to knowledge of such return or tax information under the provisions of this section, is guilty
of a misdemeanor. If the person guilty of such violation is an officer or employee of the
city, such person must forfeit such office or employment and is incapable of holding any
public office or employment in this city for a period of two years thereafter.
Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval
of the City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/ subsection numbering.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in full force on January
1, 2026, after passage and publication as provided by law.
2025 Legislation: B&O Tax Ordinance
Version: 11/14/25
Staff: A. Schierenbeck
Page 8 of 9
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 15th day of December, 2025.
ATTEST/AUTHENTICATED:
Signed by; Signed by:
L tb,.6 was A44,G61.
r7FFR1144FFRPR477—RFF743R(145R44(:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY:
FSigned by:
6AZ d„.
paqor .., 155F4:17
Office of the City Attorney
2025 Legislation: B&O Tax Ordinance
Version: 11/14/25
Staff: A. Schierenbeck
Filed with the City Clerk: 12/09/2025
Passed by the City Council: 12/15/2025
Published: 12/18/2025
Effective Date: 01 /01 /2026
Ordinance Number: 2781
Page 9 of 9
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2779, 2780, and
2781.
On December 15, 2025, the City Council of the City of Tukwila, Washington, adopted
the following ordinances, the main points of which are summarized by the following
titles:
ORDINANCE 2779: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2530 §5, AS CODIFIED
AT TUKWILA MUNICIPAL CODE SECTION 2.29.020, "MEMBERSHIP," TO REMOVE
THE COUNCILMEMBER POSITION; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
ORDINANCE 2780: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RECONFIGURING, RECODIFYING AND ENACTING A
NEW MUNICIPAL CODE FOR THE CITY OF TUKWILA PURSUANT TO RCW
35A.21.130; REARRANGING AND RENUMBERING TITLES, CHAPTERS, AND
SECTIONS; CONFORMING INTERNAL REFERENCES AND CROSS-
REFERENCES ACCORDINGLY; PROVIDING TABLES AND INDICES TO
FACILITATE LOCATION AND CONVERSION OF CODE REFERENCES AND
MATERIAL; ESTABLISHING AN EFFECTIVE DATE OF DECEMBER 23, 2025 FOR
THE NEW CITY OF TUKWILA MUNICIPAL CODE HEREIN ADOPTED; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
ORDINANCE 2781: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; AMENDING ORDINANCE NO. 2689 §5, AS CODIFIED
AT TUKWILA MUNICIPAL CODE (TMC) SECTION 3.26.040, "DEFINITIONS";
AMENDING ORDINANCE NO. 2726 §11, AS CODIFIED AT TMC SECTION 3.27.220;
TO ADOPT UPDATED BUSINESS AND OCCUPATION TAX REGULATIONS IN
ACCORDANCE WITH THE MODEL ORDINANCE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
The full text of this ordinance will be provided upon request.
Andy Youn-Barnett, City Clerk
Published Seattle Times: December 18, 2025