Chapter 4.24
REAL ESTATE EXCISE TAX

Sections:

4.24.010    Imposition of real estate excise tax.

4.24.015    Imposition of additional one-quarter of one percent real estate excise tax.

4.24.020    Taxable events.

4.24.030    Consistency with state tax.

4.24.040    Distribution of tax proceeds and limiting the use thereof.

4.24.050    Seller’s obligation.

4.24.060    Tax is lien on property – Enforcement.

4.24.070    Notation of payment.

4.24.080    Date payable.

4.24.090    Excessive and improper payments.

4.24.100    Violation – Penalty.

4.24.110    Severability.

4.24.010 Imposition of real estate excise tax.

Effective on and after October 1, 1982, there is hereby 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. A-14 § 1, 1982).

4.24.015 Imposition of additional one-quarter of one percent real estate excise tax.

Effective on and after January 1, 1993 there is hereby imposed an excise tax of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of the city, as authorized by RCW 82.46.035. This excise tax is in addition to the one-quarter of one percent excise tax imposed by MICC 4.24.010. (Ord. A-100 § 1, 1992).

4.24.020 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. A-14 § 1, 1982).

 

4.24.030 Consistency with state tax.

The taxes imposed herein 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 the ordinance codified in this chapter, shall apply as though fully set forth herein. (Ord. A-14 § 1, 1982).

4.24.040 Distribution of tax proceeds and limiting the use thereof.

A. The King County Treasurer shall place one percent of the proceeds of the tax imposed under this chapter in the county current expense fund to defray costs of collection pursuant to RCW 82.46.030.

B. The remaining proceeds from the city tax imposed by MICC 4.24.010 shall be distributed to the city monthly and shall be placed by the finance director in a municipal capital improvements fund.

C. The remaining proceeds from the city tax imposed by MICC 4.24.015 shall be deposited in a separate account and the expenditure thereof shall be limited to those capital projects which are listed in RCW 82.46.035.

D. 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. A-100 § 2, 1992; Ord. A-14 § 1, 1982).

4.24.050 Seller’s obligation.

The taxes imposed by 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. Resort to one course of enforcement is not an election not to pursue the other. (Ord. A-100 § 3, 1992; Ord. A-14 § 1, 1982).

4.24.060 Tax is lien on property – Enforcement.

The taxes imposed by this chapter and any interest or penalties thereon are a 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. (Ord. A-100 § 4, 1992; Ord. A-14 § 1, 1982).

4.24.070 Notation of payment.

The taxes imposed herein shall be paid to and collected by the county treasurer. 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 herein shall be evidence of the satisfaction of the lien imposed in MICC 4.24.060 and may be recorded in the 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 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. A-14 § 1, 1982).

4.24.080 Date payable.

The tax imposed hereunder 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. A-14 § 1, 1982).

4.24.090 Excessive and improper payments.

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 a miscalculation. Any refund made shall be withheld from the next monthly distribution to the city. (Ord. A-14 § 1, 1982).

4.24.100 Violation – Penalty.

Any person who fails or refuses to pay the tax, as required, with the intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined no more than $500 or imprisoned for not more than six months, or by both such fine and imprisonment. (Ord. A-14 § 1, 1982).

4.24.110 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. A-14 § 1, 1982).