(1) A person who is subject to tax under this chapter on gross income from sales of
electricity, natural gas, or manufactured gas made to a silicon smelter is eligible
for an exemption from the tax in the form of a credit, if the contract for sale of
electricity or gas to the silicon smelter specifies that the price charged for the
electricity or gas will be reduced by an amount equal to the credit.
(2) The credit is equal to the gross income from the sale of the electricity or gas
to a silicon smelter multiplied by the corresponding rate in effect at the time of
the sale under this chapter.
(3) The exemption provided for in this section does not apply to amounts received
from the remarketing or resale of electricity originally obtained by contract for
the smelting process.
(4) The department must provide a separate tax reporting line for reporting credits
under this section by sellers of electricity, natural gas, or manufactured gas.
(5) For purposes of the annual tax performance report required by RCW 82.32.534:
(a) The silicon smelter receiving the benefit of the credit under this section is
deemed to be the taxpayer claiming the credit and is required to file the annual tax
performance report; and
(b) The person selling the electricity, natural gas, or manufactured gas to the silicon
smelter is not required to file the annual tax performance report.
(6) For the purposes of this section, “silicon smelter” has the same meaning as provided
in RCW 82.16.315.
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