If you build homes in Washington State, the Department of Revenue's franchise fee rules are one of the most confusing — and most expensive — things to get wrong. Here's what every Tri-Cities contractor needs to know.
If you're a home builder in Pasco, Kennewick, or Richland, you've probably run into the WA Department of Revenue's franchise fee rules. And if you're like most contractors we meet, you're probably getting part of it wrong — either over-collecting sales tax from your buyers (which makes your bids less competitive) or under-collecting (which means you're eating the difference out of your own pocket).
At Steadfast Accounting, we work with Tri-Cities home builders every day. DOR franchise fees are one of the first things we audit when we take on a new construction client — and almost every time, we find something that needs fixing. Here's the plain-English guide we walk every client through.
In Washington State, when a contractor builds a new home on land they own (or will own during construction), the construction is treated as a retail sale. That means you — the builder — are responsible for collecting 6% retail sales tax on the selling price of the house.
This is what the DOR calls a "speculative builder" or "owner-builder" situation. The sales tax you collect is officially called the retail sales tax on construction services, but everyone in the industry just calls it the "franchise fee."
The key rule: The 6% sales tax applies to the house itself — the structure and the components that are permanently part of it. But not everything you bill for is taxable.
This is where most contractors get tripped up. The 6% applies to the house — but WA State law recognizes a long list of exempt scopes that aren't subject to the sales tax. If you're collecting 6% on everything, you're overcharging your buyers. If you're collecting 0%, you're undercollecting and the DOR will come after you for the difference.
Important: These exemptions only apply if you separate them on the contract and invoice. If you lump everything into a single "construction" line item, the DOR will treat the entire amount as taxable. Proper contract structuring is everything.
Most Tri-Cities builders work on a draw schedule — the buyer pays in stages as construction progresses. Here's how the sales tax works with draws:
You collect the sales tax on each draw, proportionally. If draw #1 is $50,000 for foundation and framing, you collect 6% ($3,000) at that draw. If draw #2 includes exempt excavation work, that portion of the draw doesn't have sales tax.
This means your draw schedule needs to separate taxable and exempt scopes. If your draw schedule is just "25% at framing, 25% at drywall" with no scope breakdown, you'll end up collecting too much or too little tax.
Change orders follow the same rules as the original contract. If a change order adds an exempt scope (like additional landscaping), no sales tax. If it adds taxable structure (like an extra bathroom), collect 6%. Document everything — the DOR will compare change orders to your final sales tax remittance.
The sales tax you collect on new home construction is reported on your WA State DOR Excise Tax Return. Depending on your volume, you'll file monthly or quarterly. The tax you collected from the buyer gets remitted to the DOR, categorized by the jurisdiction (Pasco, Kennewick, Richland each have slightly different local tax rates that stack on top of the 6% state rate).
Common mistakes we see:
We do the following for every construction client:
If you're a Tri-Cities contractor and you're not 100% confident your DOR franchise fee setup is correct, let's talk. The consultation is free — and it's a lot cheaper than a DOR audit.
Book a free 30-minute consultation. We'll look at your current contracts, draw schedules, and DOR filings — and tell you if anything needs fixing.
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