Commercial fishing in Washington waters
Commercial fishing in Washington watersExtracting
Income from catching fish in Washington waters (within the three-mile limit) is subject to business and occupation (B&O) tax under the Extracting classification. The taxable amount is based on the value of the fish, which is usually the selling price. Persons performing extracting activities for other extractors are subject to the Extracting for Hire B&O tax upon their gross income from those services.
Wholesale sales of fish
Your income from sales of fish to resellers in Washington is subject to B&O tax under the Wholesaling classification when the buyer provides a valid reseller permit. You do not have to collect retail sales tax on wholesale sales.
You must keep copies of reseller permits for five years.
Retail sales of fish
Your income from sales of fish to Washington consumers is subject to B&O tax under the Retailing classification. You do not have to collect sales tax on fish sold for human consumption. You must report the gross amount of such sales as Retail Sales and then take an Exempt Food Sales deduction.
Fish sold for purposes other than human consumption, such as pet food or bait, is not considered exempt food or food ingredients. This means you must collect sales tax unless the buyer provides a valid exemption certificate.
Interstate sales of fish
Fish delivered to buyers outside of Washington is exempt from B&O and retail sales tax. You must include such sales in the gross amounts reported and then take an Interstate and Foreign Sales deduction from the applicable classifications.
Multiple Activities Tax Credit (MATC)
If you catch and sell fish within Washington, you must report under both the Extracting B&O tax and either the Wholesaling or Retailing B&O tax. However, you may then claim a Multiple Activities Tax Credit (MATC) so that you only pay tax once.
You may not claim an MATC for fish that is either caught or sold outside of Washington.
Enhanced food fish tax
In addition to B&O tax, commercial fish buyers and sellers may be liable for the enhanced food fish tax. This tax applies to the value of the fish when first landed. This tax also applies to byproducts and parts of seafood.
For more information, please see the Enhanced food fish tax section of this guide.
Litter tax
You must report Litter tax on both wholesale and retail sales of fish that is for human or pet consumption.
References
WAC 458-20-135 Extracting natural products
WAC 458-20-102 Reseller permits
RCW 82.08.0293 Exemptions—Sales of food and food ingredients
WAC 458-20-244 Food and food ingredients
WAC 458-20-243 Litter tax
WAC 458-20-176 Commercial deep sea fishing—Commercial passenger fishing—Diesel fuel