Chapter 3.72
LEASEHOLD EXCISE TAX

Sections:

3.72.010    Levied.

3.72.020    Rate.

3.72.030    Administration and collection.

3.72.040    Exemptions.

3.72.050    Inspection of records.

3.72.060    Contract with Department of Revenue.

3.72.010 Levied.

There is levied and shall be collected a leasehold excise tax on and after April 1, 1977, upon the act or privilege of occupying or using publicly owned real or personal property, within the city through leasehold interest, as defined by Section II, Chapter 61, Laws of Washington 1975-76, Second Extraordinary Session (herein called “the State Act”). The tax shall be paid, collected and remitted to the Department of Revenue of the state at the time and in a manner prescribed by Section V of the State Act. [Ord. 785 § 1, 1977.]

3.72.020 Rate.

The rate of tax imposed by CMC 3.72.010 shall be four percent of the taxable rent as defined by Section II of the State Act; provided, that the following credit shall be allowed in determining the tax payable:

(1) With respect to a leasehold interest arising out of any lease agreement, the terms of which were binding on the lessee prior to July 1, 1977, where such lease or agreement has not been renegotiated (as defined by Section II of the State Act) since that date, and excluding from such credit:

(a) Any leasehold interest arising out of any lease of property covered by the provisions of RCW 28B.20.394; and

(b) Any lease or agreement including options to renew which extends beyond January 1, 1985, as follows:

(i) With respect to taxes due in calendar year 1976, a credit equal to 80 percent of the tax produced by the above rate.

(ii) With respect to taxes due in calendar year 1977, a credit equal to 60 percent of the tax produced by the above rate.

(iii) With respect to taxes due in calendar year 1978, a credit equal to 40 percent of the tax produced by the above rate.

(iv) With respect to taxes due in calendar year 1979, a credit equal to 20 percent of the tax produced by the above rate;

(2) With respect to product lease, as defined by Section II of the State Act, a credit of 33 percent of the tax produced by the above rate. [Ord. 785 § 2, 1977.]

3.72.030 Administration and collection.

The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of the State Act. [Ord. 785 § 3, 1977.]

3.72.040 Exemptions.

Leasehold interests exempted by Section XIII of the State Act as it now exists or may hereafter be amended shall be exempt from the tax imposed pursuant to CMC 3.72.020. [Ord. 785 § 4, 1977.]

3.72.050 Inspection of records.

The city consents to the inspection of such records as are necessary to qualify the city for inspection of records of the Department of Revenue pursuant to RCW 82.32.330. [Ord. 785 § 5, 1977.]

3.72.060 Contract with Department of Revenue.

The mayor is authorized to execute a contract with the Department of Revenue of the state for the administration and collection of the tax imposed by Section I; provided, that the city attorney shall first approve the form and content of the contract. [Ord. 785 § 6, 1977.]