Chapter 3.10
REAL ESTATE EXCISE TAX
Sections:
3.10.030 Compliance with other laws.
3.10.040 Payment and collection.
3.10.070 Refund for excess payment.
3.10.080 Additional real estate excise tax imposed.
3.10.010 Imposed.
There is imposed on each sale of real property within the corporate limits of the city of La Center an excise tax at the rate of one-quarter of one percent of the selling price. [Ord. VIII-6-8 § 2, 1986.]
3.10.020 Collection.
Taxes imposed under this chapter shall be collected from persons who are taxable by the state of Washington under Chapter 82.45 RCW upon the occurrence of any taxable event within the corporate limits of the city. [Ord. VIII-6-8 § 3, 1986.]
3.10.030 Compliance with other laws.
Taxes imposed under this chapter shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes as imposed by the state of Washington 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 herein. [Ord. VIII-6-8 § 4, 1986.]
3.10.040 Payment and collection.
For any sale of real property in the city located in Clark County, the following shall apply:
(1) The tax imposed under this chapter shall be paid to and collected by the Clark County treasurer. The Clark County treasurer shall act as agent for the city of La Center. The Clark County treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to the recording thereof or to the real estate excise tax affidavit in the case of used mobile homes. A receipt issued by the Clark County treasurer for the payment of the tax imposed under this chapter shall be evidence of the satisfaction of the lien imposed by this chapter and may be recorded in the manner prescribed for recording satisfactions of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax imposed under this chapter may be accepted by the Clark County auditor for filing or recording until the tax is paid and the stamp affixed thereto; and, in any case where the tax imposed under this chapter 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 Clark County treasurer.
(2) The Clark County treasurer shall place one percent of the proceeds of the tax imposed under this chapter in the Clark County current expense fund to defray costs of collection. [Ord. VIII-6-8 § 5, 1986.]
3.10.050 Distribution.
(1) The remaining proceeds from the tax imposed under this chapter shall be distributed to the city of La Center monthly and shall be placed by the city clerk/treasurer in a capital improvements fund hereby established. The capital improvements fund shall be used by the city for local improvements, including those listed in RCW 35.43.040. Said fund shall be a cumulative reserve fund and shall not lapse from year to year.
(2) This section shall not limit the existing authority of the city to impose special assessments on property benefited thereby in the manner prescribed by law. [Ord. VIII-6-8 § 6, 1986.]
3.10.060 Payment – When due.
The tax imposed under this chapter shall become due and payable immediately at the time of sale and, if not 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. VIII-6-8 § 7, 1986.]
3.10.070 Refund for excess payment.
If, upon written application by the 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 miscalculation. Any refund made shall be withheld from the next monthly distribution to the city of La Center. [Ord. VIII-6-8 § 8, 1986.]
3.10.080 Additional real estate excise tax imposed.
In addition to the real estate excise tax imposed elsewhere in this chapter, there shall be imposed an additional real estate excise tax in the amount of one-quarter of one percent of the sale price of real property sold within the corporate limits of the city. Proceeds of the additional real estate excise tax shall be kept in a separate account from other revenue sources, or separately accounted for, and shall be used only for financing capital projects specified in the capital facilities plan element of the comprehensive plan. The additional real estate excise tax shall be paid and collected in the same manner as the real estate excise tax imposed by LCMC 3.10.010. [Ord. 2005-8 § 2, 2005.]