Chapter 3.20
REAL ESTATE EXCISE TAXES
Sections:
Article I. Real Estate Excise Tax
3.20.040 Consistency with state tax.
3.20.080 Payment and collection.
3.20.100 Excessive and improper payments.
3.20.110 Contract for collection and enforcement.
Article II. Additional Real
Estate Excise Tax
3.20.150 Consistency with state tax.
3.20.190 Payment and collection.
3.20.210 Excessive and improper payments.
3.20.220 Contract for collection and enforcement.
Article I. Real Estate Excise Tax
3.20.010 Imposition.
Pursuant to authorization of RCW 82.46.010, there is imposed an excise tax on each sale of real property within the corporate limits of the city. [Ord. 9 § 1, 1993]
3.20.020 Rate.
The rate of tax imposed by BMC 3.20.010 shall be one-quarter of one percent of the selling price on each sale of real property. [Ord. 9 § 2, 1993]
3.20.030 Taxable events.
Taxes imposed by BMC 3.20.010 shall be collected from persons or entities who are taxable by the state under Chapter 82.45 RCW and Chapter 458-61 WAC, upon the occurrence of any taxable event, as defined therein, within the corporate limits of the city. [Ord. 9 § 3, 1993]
3.20.040 Consistency with state tax.
The taxes imposed by BMC 3.20.010 shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes imposed by the state under Chapter 82.45 RCW, and Chapter 458-61 WAC. The provisions of those chapters shall apply as though fully set forth in this article. [Ord. 9 § 4, 1993]
3.20.050 Use of tax proceeds.
All proceeds received by the city from the taxes imposed by BMC 3.20.010 shall be placed in a municipal capital improvement fund. These capital improvement funds shall be used by the city for local improvements, including, but not by way of limitation, those listed in RCW 35.43.040. [Ord. 9 § 5, 1993]
3.20.060 Seller’s obligation.
The taxes imposed by BMC 3.20.010 are the obligation of the seller and may be enforced through an action of debt against the seller or in the manner prescribed by the foreclosure of mortgages, without necessity for an election of remedies. [Ord. 9 § 6, 1993]
3.20.070 Lien provisions.
The taxes imposed by BMC 3.20.010, and any interest or penalties thereon, are a specific lien upon each piece of real property sold from the time of sale until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages. [Ord. 9 § 7, 1993]
3.20.080 Payment and collection.
The taxes imposed by BMC 3.20.010 shall be paid to and collected by the treasurer of King County. The treasurer of King County shall act as agent for the city. The treasurer of King County 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 treasurer of King County for payment of the tax imposed by BMC 3.20.010 shall be evidence of the satisfaction of the lien imposed in BMC 3.20.070 and may be recorded in the same manner prescribed for recording satisfaction of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the King County department of records and elections for filing or recording until the tax is paid and the same 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 face of the instrument by the treasurer of King County. [Ord. 9 §8, 1993]
3.20.090 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 thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment. [Ord. 9 § 9, 1993]
3.20.100 Excessive and improper payments.
If, upon written application by a taxpayer to the King 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 King 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. 9 § 10, 1993]
3.20.110 Contract for collection and enforcement.
The city manager is authorized and directed to enter into a contract with King County for administration, collection and enforcement of the real estate excise tax. [Ord. 9 § 11, 1993]
Article II. Additional Real
Estate Excise Tax
3.20.120 Imposition.
Pursuant to authorization of RCW 82.46.035, there is imposed an additional excise tax on each sale of real property within the corporate limits of the city. [Ord. 31 § 1, 1993]
3.20.130 Rate.
The rate of tax imposed by BMC 3.20.120 shall be one-quarter of one percent of the selling price on each sale of real property. [Ord. 31 § 2, 1993]
3.20.140 Taxable events.
Taxes imposed by BMC 3.20.120 shall be collected from persons or entities who are taxable by the state under Chapter 82.45 RCW and Chapter 458-61 WAC, upon the occurrence of any taxable event, as defined therein, within the corporate limits of the city. [Ord. 31 § 3, 1993]
3.20.150 Consistency with state tax.
The taxes imposed by BMC 3.20.120 shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes imposed by the state under Chapter 82.45 RCW, and Chapter 458-61 WAC. The provisions of those chapters shall apply as though fully set forth in this article. [Ord. 31 § 4, 1993]
3.20.160 Use of tax proceeds.
All proceeds received by the city from the taxes imposed by BMC 3.20.120 shall be placed in a municipal capital projects improvement fund, pursuant to RCW 82.46.035 (3) and (4). [Ord. 31 § 5, 1993]
3.20.170 Seller’s obligation.
The taxes imposed by BMC 3.20.120 are the obligation of the seller and may be enforced through an action of debt against the seller or in the manner prescribed by the foreclosure of mortgages, without necessity for an election of remedies. [Ord. 31 § 6, 1993]
3.20.180 Lien provisions.
The taxes imposed by BMC 3.20.120, and any interest or penalties thereon, are a specific lien upon each piece of real property sold from the time of sale until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages, pursuant to RCW 82.46.040. [Ord. 31 § 7, 1993]
3.20.190 Payment and collection.
The taxes imposed by BMC 3.20.120 shall be paid to and collected by the treasurer of King County. The treasurer of King County shall act as agent for the city. The treasurer of King County 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 treasurer of King County for payment of the tax imposed by BMC 3.20.120 shall be evidence of the satisfaction of the lien imposed in BMC 3.20.180 and may be recorded in the same manner prescribed for recording satisfaction of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the King County department of records and elections for filing or recording until the tax is paid and the same 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 face of the instrument by the treasurer of King County. [Ord. 31 § 8, 1993]
3.20.200 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 thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment. [Ord. 31 § 9, 1993]
3.20.210 Excessive and improper payments.
If, upon written application by a taxpayer to the King 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 King 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. 31 § 10, 1993]
3.20.220 Contract for collection and enforcement.
The city manager is authorized and directed to enter into a contract with King County for administration, collection and enforcement of the real estate excise tax. [Ord. 31 § 11, 1993]