Wash. Admin. Code § 314-55-089 - Tax and reporting requirements for cannabis licensees
(1) Cannabis retailer licensees must submit
monthly report(s) and payments to the LCB. The required monthly reports must
be:
(a) On a form or electronic system
designated by the LCB;
(b)
(i) Filed every month, including months with
no activity or payment due;
(ii)
Each report will identify total product sales and total medical product sales
where the excise tax was exempted pursuant to
RCW
69.50.535(2) and WAC
314-55-090, in the form and manner required by the LCB;
(c) Submitted, with payment due, to the LCB
on or before the 20th day of each month, for the previous month. (For example,
a report summarizing transactions for the month of January is due by February
20th.) When the 20th day of the month falls on a Saturday, Sunday, or a legal
holiday, the filing must be postmarked by the U.S. Postal Service no later than
the next postal business day;
(d)
Filed separately for each cannabis license held; and
(e) All records must be maintained and
available for review for a five-year period on licensed premises (see WAC
314-55-087).
(2)
Cannabis producer licensees:
On a monthly basis, cannabis producers must maintain records and report
purchases from other licensed cannabis producers, current production and
inventory on hand, sales by product type, and lost and destroyed product in a
manner prescribed by the LCB. The act of keeping data completely up-to-date in
the state traceability system fulfills the monthly reporting
requirement.
(3)
Cannabis
processor licensees: On a monthly basis, cannabis processors must
maintain records and report purchases from licensed cannabis producers, other
cannabis processors, production of cannabis-infused products, sales by product
type to cannabis retailers, and lost and/or destroyed product in a manner
prescribed by the LCB. The act of keeping data completely up-to-date in the
state trace-ability system fulfills the monthly reporting
requirement.
(4)
Cannabis
retailer's licensees:
(a) On a monthly
basis, cannabis retailers must maintain records and report purchases from
licensed cannabis processors, sales by product type to consumers, and lost
and/or destroyed product in a manner prescribed by the LCB.
(b)
(i) A
cannabis retailer licensee must collect from the buyer and remit to the LCB a
cannabis excise tax of 37 percent of the selling price on each retail sale of
useable cannabis, cannabis concentrates, and cannabis-infused products, except
as identified in WAC 314-55-090 and
RCW
69.50.535(2).
(ii) Records of medical cannabis patient
excise tax exemptions provided must be maintained as required in WAC
314-55-087 and
314-55-090.
(c) Product
inventory reductions that are not adequately documented will be deemed to be
sales and will be assessed the excise tax.
(d) Excise tax collected in error must either
be returned to the customer(s) or remitted to the LCB if returning to the
customer(s) is not possible.
(5)
Payment methods: Cannabis
excise tax payments are payable only by check, cashier's check, money order, or
electronic payment or electronic funds transfer. Licensees must submit cannabis
excise tax payments to the board by one of the following means:
(a) By mail to LCB;
(b) By paying through online access;
or
(c) By paying using a money
transmitter licensed pursuant to chapter 19.230 RCW. If a licensee uses a money
transmitter service, the licensee must remit payments in U.S.
dollars.
(6) Payments
transmitted to the board electronically under this section will be deemed
received when received by the LCB's receiving account. All other payments
transmitted to the LCB under this section by United States mail will be deemed
received on the date shown by the post office cancellation mark stamped on the
envelope containing the payment.
(7) The LCB may waive the means of payment
requirements as provided in subsection (5) of this section for any licensee for
good cause shown. For the purposes of this section, "good cause" means the
inability of a licensee to comply with the payment requirements of this section
because:
(a) The licensee demonstrates it does
not have and cannot obtain a bank or credit union account or another means by
which to comply with the requirements of subsection (5) of this section and
cannot obtain a cashier's check or money order; or
(b) Some other circumstance or condition
exists that, in the LCB's judgment, prevents the licensee from complying with
the requirements of subsection (5) of this section.
(8) If a licensee tenders payment of the
cannabis excise tax in cash without applying for and receiving a waiver or
after denial of a waiver, the licensee may be assessed a 10 percent
penalty.
(9) If a licensee is
denied a waiver and requests an adjudicative proceeding to contest the denial,
a brief adjudicative proceeding will be conducted as provided under
RCW
34.05.482 through
34.05.494.
(10) For the purposes of this section,
"electronic payment" or "electronic funds transfer" means any transfer of
funds, other than a transaction originated or accomplished by conventional
check, drafts, or similar paper instrument, which is initiated through an
electronic terminal, telephonic instrument, or computer or magnetic tape so as
to order, instruct, or authorize a financial institution to debit or credit a
checking or other deposit account. "Electronic funds transfer" includes
payments made by electronic check (e-check).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.