x.com/marcbarros/status/2032129994110201979
3 corrections found
It used to be you paid this tax on physical things you bought for your business, similar to sales tax.
This overstates the change. Washington sales/use tax already applied to many non-physical digital products and software before the 2025 law.
Full reasoning
Washington did not limit sales/use tax only to physical business purchases before ESSB 5814. The Department of Revenue says sales or use tax applies to all digital products regardless of access method, including digital goods, digital automated services, and remote access software. Its IT tax guide also lists prewritten software and applications, digital goods, remote access software, and digital automated services as items that were already generally subject to retail sales or use tax.
ESSB 5814, effective October 1, 2025, expanded taxability to certain additional services, but that is different from saying the old rule was only about physical items. Official state guidance contradicts that broader claim.
2 sources
- Digital products including digital goods | Washington Department of Revenue
Sales or use tax apply to all digital products, regardless of how they are accessed ... Digital products subject to sales or use tax include ... Digital automated services (DAS) ... remote access software (RAS) which is also subject to sales and use tax.
- Information technology products and services | Washington Department of Revenue
Generally subject to retail sales or use tax ... Prewritten computer software and applications ... Digital goods ... Remote access software ... Digital automated services.
Now you pay it on 100% of the items you buy, think shopify, aws, google, etc. Even if your team is remote you pay 10% sales tax on 100% of these purchases no matter where peole are located.
Washington does not tax '100%' of these purchases regardless of where users are. State guidance includes exclusions and allows apportionment for in-state vs. out-of-state use.
Full reasoning
This claim is too broad in two ways.
-
Not every digital/tech purchase is taxable. Washington's Department of Revenue expressly excludes several common categories from retail sales tax, including web hosting, storage, and backup. Its advertising guidance also excludes web hosting services and domain name registration from taxable advertising services. So it is incorrect to say the state now taxes 100% of purchases like "shopify, aws, google, etc." across the board.
-
Location still matters for concurrently used digital services. The Department's ESSB 5814 FAQ says buyers can use the multiple points of use (MPU) exemption for qualifying digital advertising services used both inside and outside Washington, and must apportion use tax based on where the service is first used. More generally, the digital products guidance says businesses using qualifying digital products concurrently inside and outside Washington may apportion tax based on the ratio of in-state to out-of-state users. That directly contradicts the statement that a remote team pays tax on 100% of purchases "no matter where people are located."
So while Washington did expand taxation of some services in late 2025, the official guidance does not support a blanket rule that all such purchases are taxed in full regardless of where the users are located.
3 sources
- Digital products including digital goods | Washington Department of Revenue
DAS also does not include ... Advertising services Web hosting, storage, and back up ... Charges for digital storage, hosting and back-up services are subject to B&O tax ... (sales tax does not apply) ... businesses purchasing digital products that may be used concurrently within and outside Washington are entitled to the multiple points of use (MPU) sales tax exemption.
- Frequently asked questions about ESSB 5814 | Washington Department of Revenue
Can I use the multiple points of use (MPU) exemption to purchase digital advertising services? Yes ... if your digital advertising services ... are also used concurrently both inside and outside of Washington ... you must apportion use tax based on where the advertising is first used.
- Interim guidance statement regarding changes made by ESSB 5814 for Advertising Services | Washington Department of Revenue
"Advertising services" do not include: (A) Web hosting services and domain name registration.
Run FB ads in Germany? You pay WA state a 10% tax.
Washington says digital advertising is generally sourced to where the ads are disseminated/received, not automatically taxed by Washington when the audience is in Germany.
Full reasoning
Washington's own guidance contradicts this example. For disseminated advertising, the Department of Revenue says the purchaser receives the service where the advertising is disseminated and that the location of dissemination can be shown by information such as ad-placement instructions or viewer IP addresses. Its FAQ further says that for digital advertising used inside and outside Washington, tax must be apportioned based on where the advertising is first used, which for advertising is generally where the viewers or interactors are located.
So an ad campaign run to users in Germany is not automatically a Washington-taxable sale simply because the business is Washington-based. Under the state's published guidance, the location of the ad audience/use matters.
2 sources
- Interim guidance statement regarding changes made by ESSB 5814 for Advertising Services | Washington Department of Revenue
For advertising services related to disseminated advertising ... receipt occurs where the result of the advertising services is first used ... the location where the advertising services are disseminated. The location of dissemination may be indicated by ... actual locations of placement, IP addresses of potential customers' viewers of advertising.
- Frequently asked questions about ESSB 5814 | Washington Department of Revenue
If your purchase of advertising services meets these requirements, you must apportion use tax based on where the advertising is first used. In the case of advertising services, first use would generally be the location of the persons viewing or interacting with the advertisements.