Chapter 3.12
REAL ESTATE EXCISE TAX*
Sections:
3.12.030 Consistency with state tax.
3.12.040 Distribution of proceeds – Limitation.
3.12.100 Excessive and improper payments.
* Prior ordinance history: Ord. 85-354.
3.12.010 Imposition.
In lieu of imposing the tax authorized by RCW 82.14.030(2), there is imposed a tax of one-half of one percent of the selling price of each sale of real property within the corporation limits of this city. (Ord. 99-569 § 1, 1999)
3.12.020 Taxable events.
Taxes imposed in this chapter shall be collected from persons who are taxable by the state under Chapter 82.45 RCW and Chapter 458-61 WAC upon the occurrence of any taxable event within the corporate limits of the city. (Ord. 99-569 § 1, 1999)
3.12.030 Consistency with state tax.
The taxes imposed in this chapter shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under Chapter 82.45 RCW and Chapter 458-61 WAC. The provisions of those chapters, to the extent they are not inconsistent with this chapter, shall apply as though fully set forth in this chapter. (Ord. 99-569 § 1, 1999)
3.12.040 Distribution of proceeds – Limitation.
A. The county treasurer shall place one percent of the proceeds of the taxes imposed in this chapter in the county current expense fund to defray costs of collection.
B. The remaining proceeds from city taxes imposed in this chapter shall be distributed to the city monthly and shall be placed by the city treasurer in the city current expense fund.
C. This section shall not limit the existing authority of this city to impose special assessments on property benefited thereby in the manner prescribed by law. (Ord. 99-569 § 1, 1999)
3.12.050 Special initiative.
The ordinance codified in this chapter shall be subject to a special initiative for a 30-day period commencing at the time of final passage. The number of registered voters needed to sign a petition for special initiative shall be 15 percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding municipal general election. If a special initiative petition is filed with the city council, the operation of the ordinance codified in this chapter shall be suspended until the special initiative petition is found insufficient or until the ordinance codified in this chapter receives a favorable majority vote by the voters. The procedures for referendum upon petition contained in RCW 35A.11.100 shall apply to any such special initiative petition. (Ord. 99-569 § 1, 1999)
3.12.060 Seller’s obligation.
The taxes imposed in this chapter are the obligation of the seller and may be enforced through the action of debt against the seller or in the manner prescribed for the foreclosure of mortgages. (Ord. 99-569 § 1, 1999)
3.12.070 Lien provision.
The taxes imposed in this chapter and any interest or penalties thereon are the specific lien upon each piece of real property sold from the time of sale or until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages. Resort to one course of enforcement is not an election not to pursue the other. (Ord. 99-569 § 1, 1999)
3.12.080 Notation of payment.
The taxes imposed in this chapter shall be paid to and collected by the treasurer of the county within which is located the real property which was sold. The county treasurer shall act as agent for the city within the county imposing the tax. The county treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to its recording or to the real estate excise tax affidavit in the case of used mobile home sales. A receipt issued by the county treasurer for the payment of the tax imposed in this chapter shall be evidence of the satisfaction of the lien imposed in AMC 3.12.070 and may be recorded in the manner prescribed for recording satisfactions or mortgage. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the county auditor for filing or recording until the tax is paid and the stamp affixed thereto; in case the tax is not due on the transfer, the instrument shall not be accepted until suitable notation of this fact is made on the instrument by the county treasurer. (Ord. 99-569 § 1, 1999)
3.12.090 Date payable.
The tax imposed under this chapter shall become due and payable immediately at the time of sale and, if not so paid within 30 days there after, shall bear interest at the rate of one percent per month from the time of sale until the date of payment. (Ord. 99-569 § 1, 1999)
3.12.100 Excessive and improper payments.
If, upon written application by a taxpayer to the county treasurer for a refund, it appears a tax has been paid in excess of the amount actually due or upon a sale or other transfer declared to be exempt, such excess amount of improper payment shall be refunded by the county treasurer to the taxpayer; provided, that no refund shall be made unless the state has first authorized the refund of an improper amount or an improper amount paid, unless such improper amount was paid as a result of a miscalculation. Any refund made shall be withheld from the next monthly distribution to the city. (Ord. 99-569 § 1, 1999)