Exemption

Cigarettes, tribal contracts

Retail Sales & Use Tax exemption · RCW 82.08.0316; 82.12.0316 · enacted 2001

All exemptions & deductions

Details

Citation
RCW 82.08.0316; 82.12.0316
Study reference
E1639-1
Tax type
Retail Sales & Use Tax
Preference type
Exemption
Category
Government
Year enacted
2001
End date
None scheduled

Fiscal impact (2024 study estimates)

Revenue if repealed — local ($M)
FY 2024: 0 · FY 2025: 0 · FY 2026: 0 · FY 2027: 0
Revenue if repealed — state ($M)
FY 2024: 0 · FY 2025: 0 · FY 2026: 0 · FY 2027: 0
Taxpayer savings — local ($M)
FY 2024: 6.4 · FY 2025: 6.4 · FY 2026: 6.4 · FY 2027: 6.4
Taxpayer savings — state ($M)
FY 2024: 14.2 · FY 2025: 14.2 · FY 2026: 14.2 · FY 2027: 14.2

CTI = confidential taxpayer information · D = unable to disclose

From the 2024 DOR Tax Exemption Study

82.08.0316; 82.12.0316 - Cigarettes, tribal contracts Description Sale or use of cigarettes by an Indian retailer is exempt from sales and use taxes if its tribe has a cigarette tax contract or agreement with the state of Washington. Purpose To resolve conflicts over contraband cigarettes; to benefit the state of Washington and tribes; to improve law and order; and to reduce the competitive advantage of tax-free cigarettes. Cigarette contracts between the state of Washington and Indian tribes are intended to provide consistency in the regulation and taxation of cigarettes. Taxpayer ($ in millions): savings FY 2024 FY 2025 FY 2026 FY 2027 State Taxes $14.200 $14.200 $14.200 $14.200 Local Taxes $6.400 $6.400 $6.400 $6.400 Repeal of Repealing this exemption would not increase revenues, as that would violate the exemption contractual agreement. Potential ($ in millions): revenue gains FY 2024 FY 2025 FY 2026 FY 2027 from full repeal State Taxes $0.000 $0.000 $0.000 $0.000 Local Taxes $0.000 $0.000 $0.000 $0.000 Assumptions The state will not impose its cigarette and sales and use taxes on these products, as the tribes are already imposing their own equivalent taxes under the contracts.

Does this apply to you?

This is reference data from the 2024 study — not advice, and 2025–26 legislation may have changed it. Three ways to go deeper: