Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-50 - Intercounty utilities and transportation companies-Assessment and taxation › Section 458-50-060 - Failure to make report-Default valuation-Penalty-Estoppel

Current through Register Vol. 24-14, July 15, 2024
(1) If any company fails to materially comply
			 with the provisions of
			 RCW
			 84.12.230 and WAC
			 458-50-020, the department will
			 add to the assessed value a penalty of five percent for every thirty days or
			 fraction thereof, not to exceed ten percent, that the company fails to
			 comply.
(2) If any company, or any
			 of its officers or agents refuses or neglects to make any report required by
			 law or by the department, or refuses to permit an inspection and examination of
			 its records, books, accounts, papers or property requested by the department,
			 or refuses or neglects to appear before the department in obedience to a
			 subpoena, the department will proceed, in such manner as it deems best, to
			 obtain facts and information upon which to base its valuation, assessment,
			 allocation, and apportionment of such company.
(3) Willful failure to file with the
			 department any report required by the department within the time fixed by law,
			 including any extension granted by the department, constitutes refusal or
			 neglect to make a report, and the department may proceed in accordance with
			 subsection (2) of this rule to value, assess, allocate, and apportion the
			 property of such company as if no report had been made.
(4) When the department has ascertained the
			 assessed value of the property of such company in accordance with subsection
			 (2) or (3) of this rule, it must add to the assessed value so ascertained
			 twenty-five percent as a penalty. Such penalty will be in lieu of the penalty
			 provided for in subsection (1) of this rule.
(5) Where the department has proceeded in
			 accordance with subsection (2) or (3) of this rule, such company is estopped to
			 question or impeach the valuation, assessment, allocation, or apportionment
			 made by the department in any administrative or judicial proceeding
			 thereafter.
(6) The department will
			 waive or cancel the penalty imposed under subsection (1) of this rule for good
			 cause shown.
(7) The department
			 will waive or cancel the penalty imposed under subsection (1) of this rule when
			 the circumstances under which the failure to materially comply with the
			 provisions of
			 RCW
			 84.12.230 do not qualify for waiver or
			 cancellation under subsection (5) of this rule if:
(a)The company fully complies with the
			 reporting provisions of
			 RCW
			 84.12.230 within thirty days of the due date
			 or any extension granted by the department; and
(b) The company has timely complied with the
			 provisions of
			 RCW
			 84.12.230 for the previous two calendar
			 years. The requirement that a company has timely complied with the provisions
			 of RCW
			 84.12.230 for the previous two calendar years
			 is waived for any calendar year in which the company was not required to comply
			 with the provisions of
			 RCW
			 84.12.230.