The person who pays depends on what is being taxed
In Washington State, excise tax is paid by different people depending on what the tax applies to. For most goods — gasoline, cigarettes, alcohol — the business that sells the item to you pays the tax to the state, then includes that cost in your price. You pay it indirectly when you buy. For services like car rentals or hotel stays, the rental or hotel company collects the tax from you at checkout and sends it to the state. For real estate, the seller typically pays the tax when the property changes hands, though the buyer may negotiate who covers it in the sale agreement.
The pattern is the same across all excise taxes in Washington: the business collecting money from you is responsible for sending the tax portion to the Department of Revenue. You do not file excise tax forms yourself unless you own a business that sells taxed goods or services.
Key Takeaways
- For products like fuel and cigarettes, the retailer pays excise tax to the state and passes the cost to you in the price you see at checkout.
- For services like car rentals and hotel rooms, the business collects excise tax directly from you and remits it to Washington's Department of Revenue.
- For real estate transactions, the seller usually pays the excise tax, but buyers and sellers can agree in writing to split or shift the cost.
- Businesses that sell taxed items must register with the Department of Revenue and file excise tax returns on a schedule set by the state.
- You pay excise tax as part of the total price — it is not a separate line item on most receipts, though some businesses do show it separately.
How excise tax flows from business to the state
When you buy gasoline in Washington, the gas station owner collects the excise tax (currently 49.4 cents per gallon as of 2024, though this amount changes annually) along with the base price. The station does not keep that money. Instead, the owner must register with the Washington Department of Revenue, track how much taxed fuel was sold, and send the collected tax to the state on a monthly or quarterly schedule depending on the volume of sales.
The same process happens with cigarettes, alcohol, and other excise-taxed goods. The business is the collector and remitter — the middleman between you and the state. If a business fails to register or does not send in the taxes it collected, the Department of Revenue can assess penalties and interest.
For services, the mechanism is identical. A hotel in Seattle collects the lodging excise tax (currently 5.5 percent of the room rate in most counties, though rates vary by location) from guests and remits it to the state. A car rental company does the same with rental excise tax. The business is responsible for knowing the correct rate for its location and explore it correctly.
Real estate excise tax and who bears the cost
Real estate excise tax in Washington is different because it applies to the sale itself, not to an ongoing product or service. When a house or commercial property sells, a tax of 1.75 percent of the sale price is owed to the state (with some exemptions for certain transfers). The seller is the party legally required to pay this tax and file the real estate excise tax return with the county assessor's office.
However, the buyer and seller can negotiate in their purchase and sale agreement about who actually pays. Some buyers agree to cover the tax as part of their offer. Some sellers reduce their asking price to account for the tax they will owe. The law requires the tax to be paid, but it does not dictate who writes the check — that is a negotiation between the parties.
The county assessor's office collects the real estate excise tax return and the payment before the deed is recorded. If the tax is not paid, the county will not record the sale, which means the property transfer cannot be completed.
What happens if a business does not pay the excise tax it collected
If a retailer or service provider collects excise tax from customers but does not send it to the Department of Revenue, the state treats this as a debt owed by the business. The Department of Revenue can assess penalties of up to 10 percent of the unpaid tax, plus interest that accrues monthly. The business may also face criminal charges if the failure to pay is found to be intentional.
Customers who paid the tax are not liable for the business's failure to remit. The tax obligation runs between the business and the state, not between you and the state. However, if a business closes without paying collected excise taxes, those taxes become a claim against the business's assets, and creditors (including the state) compete for what remains.
Excise tax on specific Washington goods and services
Washington taxes different items at different rates, and the person who pays is always the end user, though the business collects and remits. Here is what you pay excise tax on:
- Gasoline and diesel fuel: The gas station pays the state excise tax (49.4 cents per gallon for gasoline as of 2024; rates for diesel and other fuels differ). You pay it in the pump price.
- Cigarettes and smokeless tobacco: The retailer pays the state tax (currently $3.025 per pack of 20 cigarettes as of 2024) and includes it in the price you pay at the register.
- Alcohol: Excise tax rates vary by type — beer, wine, and spirits are taxed at different rates per unit. Liquor retailers and bars collect and remit these taxes.
- Hotel and motel rooms: The hotel collects lodging excise tax (rates vary by county, typically 5.5 percent) from guests at checkout.
- Car rentals: The rental company collects rental car excise tax (5.9 percent statewide) from renters.
- Real estate: The seller pays the 1.75 percent excise tax to the county assessor before the deed is recorded.
Each of these taxes is built into what you pay. The business handling the transaction is responsible for knowing the correct rate and remitting the money to the state or county on time.
Why Washington uses excise tax instead of sales tax for certain items
Washington State uses excise tax on specific goods and services for two reasons: to raise revenue for particular purposes and to discourage consumption of certain items. Gasoline excise tax, for example, funds transportation infrastructure — the tax goes into the Transportation Fund and pays for roads, bridges, and transit. Cigarette excise tax is partly intended to discourage smoking while also funding public health programs.
Excise tax is different from Washington's general sales tax (currently 6.5 percent statewide, plus local taxes that vary by county). Sales tax applies to most goods and services you buy. Excise tax applies only to specific items the state has decided to single out. Because excise tax is built into the price you see, you may not notice it separately — but you are paying it every time you buy gas, cigarettes, alcohol, or a hotel room in Washington.
Frequently Asked Questions
Can I get a refund of excise tax I paid?
Refunds of excise tax are rare and limited to specific situations. For example, if you buy fuel for agricultural use or for a commercial fishing vessel, you may be able to claim a refund of the fuel excise tax. You must submit documentation of your use to the Department of Revenue. For most consumer purchases — gas for your car, cigarettes, hotel rooms — no refund is available once you have paid.
Do I pay excise tax on online purchases shipped to Washington?
Excise tax applies to specific taxed items regardless of where you buy them. If you order cigarettes or alcohol online and have them shipped to Washington, excise tax still applies — the seller is responsible for collecting and remitting it. For most other online purchases, you pay Washington sales tax, not excise tax. Gasoline and hotel rooms cannot be ordered online in the traditional sense, so this question applies mainly to cigarettes and alcohol.
Who pays excise tax on a used car sale between two people?
If you sell a car to another person (not through a dealer), there is no excise tax on the sale itself in Washington. However, the buyer must pay sales tax when they register the vehicle with the Department of Licensing. The seller does not collect or pay excise tax. This is different from real estate, where the seller pays excise tax on the property sale.
Does excise tax explore to all alcohol sold in Washington?
Yes, all alcohol sold in Washington — beer, wine, and spirits — is subject to excise tax. The rates differ by type and alcohol content. Liquor retailers, bars, and restaurants all collect and remit excise tax on alcohol sales. The tax is included in the price you pay, though some establishments show it as a separate line item on the receipt.