Chapter 3.56
REAL ESTATE EXCISE TAX

Sections:

3.56.010    Imposition – Rate.

3.56.015    Additional tax – Distribution of proceeds.

3.56.016    Real estate excise tax fund.

3.56.020    Taxable events.

3.56.030    Consistency with state tax.

3.56.040    Distribution of proceeds from tax imposed under Section 3.56.010 and limiting use thereof.

3.56.050    Seller’s obligation.

3.56.060    Lien provisions.

3.56.070    Notation of payment.

3.56.080    Date payable.

3.56.090    Excessive and improper payments.

3.56.010 Imposition – Rate.

There is imposed a tax of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of the city. (Ord. 82-24 § 1, 1982)

3.56.015 Additional tax – Distribution of proceeds.

A. There is imposed an additional tax of one quarter of one percent of the selling price on each sale of real property located within the corporate limits of the city. The tax imposed by this section shall be in addition to the tax imposed under Section 3.56.010.

B. The proceeds from the tax imposed under this section shall be placed by the city treasurer in a separate account entitled “capital facilities fund,” and shall be used by the city solely for financing capital projects specified in the capital facilities plan element of the city’s comprehensive plan. (Ord. 91-45 § 4, 1991).

3.56.016 Real estate excise tax fund.

There shall be established a real estate excise tax fund to receive all revenue from real estate excise tax collections and to provide segregated accounting and control for expenditure of monies as directed by Washington state law, and as contained in the city’s capital facilities plan element in the city’s comprehensive plan. (Ord. 91-47 § 1, 1991).

3.56.020 Taxable events.

Taxes imposed in this chapter shall be collected from persons who are taxable by the state under RCW Chapter 82.45 and Chapter 458-61 WAC upon the occurrence of any taxable event within the corporate limits of the city. (Ord. 82-24 § 2, 1982)

3.56.030 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 RCW Chapters 82.45 and 82.46 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. 91-45 § 1, 1991: Ord. 82-24 § 3, 1982)

3.56.040 Distribution of proceeds from tax imposed under Section 3.56.010 and limiting use thereof.

The proceeds from the taxes imposed by Section 3.56.010 shall be distributed as follows:

A. The county treasurer shall place one percent of the proceeds in the county current expense fund to defray costs of collection.

B. The remaining proceeds shall be distributed to the city monthly and shall be placed by the city treasurer in a municipal capital improvements fund. On or before July 1, 1990, revenues generated from the taxes shall be used for local improvements, including those listed in RCW 35.43.040. After July 1, 1990, revenues generated from the taxes shall be used primarily for financing capital projects specified in a capital facilities plan element of the city’s comprehensive plan and housing relocation assistance under RCW 56.18.440 and 59.18.450.

C. This section shall not limit the existing authority of the city to impose special assessments on property benefitted thereby in the manner prescribed by law. (Ord. 91-45 § 2, 1991: Ord. 82-24 § 4, 1982)

3.56.050 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. 82-24 § 5, 1982)

3.56.060 Lien provisions.

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. 82-24 § 6, 1982)

3.56.070 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 Section 3.56.060 and may be recorded in the manner prescribed for recording satisfactions or mortgages. 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. 82-24 § 7, 1982)

3.56.080 Date payable.

The taxes imposed under this chapter shall become due and payable immediately at the time of sale and, if not so paid within 30 days thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment. (Ord. 91-45 § 3, 1991: Ord. 82-24 § 8, 1982)

3.56.090 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 or 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 excessive 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. 82-24 § 9, 1982)