CHAPTER 3.26
REAL ESTATE EXCISE TAXES

Sections:

3.26.010    Imposition of real estate tax and additional real estate excise tax.

3.26.020    Taxable events.

3.26.030    Consistency with state tax.

3.26.040    Distribution of tax proceeds.

3.26.050    Seller’s obligation.

3.26.060    Lien provisions.

3.26.070    Notation of payment.

3.26.080    Date payable.

3.26.090    Excessive and improper payments.

3.26.100    Severability.

3.26.010 Imposition of real estate tax and additional real estate excise tax.

A. As authorized by RCW 82.46.010, there is hereby imposed a tax of one-quarter of one percent (.25%) of the selling price on each sale of real property within the corporate limits of the City, to be known as the "Quincy Real Estate Excise Tax".

B. In addition to the Quincy Real Estate Excise Tax, and as authorized by RCW 82.45.035, there is hereby imposed an additional tax of one-quarter of one percent (.25%) of the selling price on each sale of real property within the corporate limits of the City, to be known as the "Quincy Additional Real Estate Excise Tax".

C. The imposition of the Quincy Real Estate Excise Taxes shall not limit the existing authority of the City to impose special assessments on property benefitted thereby in the manner prescribed by law. (Ord 03-118 §2; Ord 01-92 §4; Ord 694 §1, 1985)

3.26.020 Taxable events.

The taxes imposed in this chapter shall be collected from persons who are taxable by the state under RCW Chapter 82.45 and WAC Chapter 458-61 upon the occurrence of any taxable event as defined by RCW Chapter 82.45 within the corporate limits of the City. (Ord 03-118 §2; Ord 01-92 §5; Ord 694 §2, 1985)

3.26.030 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 Chapter 82.45 and WAC Chapter 458-61. 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 03-118 §2; Ord 01-92 §6; Ord 694 §3, 1985)

3.26.040 Distribution of tax proceeds.

The proceeds from the taxes imposed in this chapter shall be distributed as follows:

A. The county treasurer shall retain one percent (1%) to defray costs of collection.

B. The remaining proceeds shall be distributed to the City monthly.

1. One-half (½) of the remaining proceeds, representing the Quincy Real Estate Excise Tax, shall be deposited in Fund 112; Capital Improvements Fund, for the use and purposes set out in QMC 3.50.112

2. The balance of the remaining proceeds, representing the Quincy Additional Real Estate Excise Tax, shall be deposited in Fund 116: Sidewalk Improvements Fund, for the use and purposes set out in QMC 3.50.116. (Ord 03-118 §2; Ord 02-97 §1; Ord 01-92 §7)

3.26.050 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 03-118 §2; Ord 694 §5, 1985)

3.26.060 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 taxes are 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 to pursue the other. (Ord 03-118 §2; Ord 01-92 §8; Ord 694 §6, 1985)

3.26.070 Notation of payment.

The taxes imposed in this chapter shall be paid to and collected by the county treasurer. The county treasurer shall act as agent for the City for collection purposes. 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 taxes imposed in this chapter shall be evidence of the satisfaction of the lien imposed in Section 3.26.060 and may be recorded in the manner prescribed for the recording satisfactions or mortgages. No instrument of sale or conveyance evidencing a sale subject to the taxes imposed in this chapter may be accepted by the county auditor for filing or recording until the taxes are paid and the stamp affixed thereto, in case the taxes are 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 03-118 §2; Ord 01-92 §9; Ord 694 §7, 1985)

3.26.080 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 thirty (30) days thereafter, shall bear interest at the rate of one percent (1%) per month, or portion thereof, from the time of sale until the date of payment. (Ord 03-118 §2; Ord 01-92 §10; Ord 694 §8, 1985)

3.26.090 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 03-118 §2; Ord 694 §9, 1985)

3.26.100 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected. (Ord 03-118 §2; Ord 694 §10, 1985)