Chapter 3.08
REAL ESTATE SALES EXCISE TAX

Sections:

3.08.010    Imposition.

3.08.015    Additional real estate tax.

3.08.020    Taxable events.

3.08.030    Consistency with state tax.

3.08.040    Disbursal of tax proceeds.

3.08.050    Seller’s obligation.

3.08.060    Lien provisions.

3.08.070    Notation of payment.

3.08.080    Distribution and use of tax proceeds.

3.08.085    Date payable.

3.08.010 Imposition.

There is imposed a tax of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of this city. (Ord. 597 § 1, 1982).

3.08.015 Additional real estate tax.

In accordance with RCW 82.46.035, and in addition to the excise tax on the sale of real property imposed by SMC 3.08.010, there is hereby imposed an excise tax on each sale of real property located within the corporate limits of the city of Stanwood, at the rate of one-quarter of one percent of the selling price to be collected by the county as prescribed in RCW 82.46.060. (Ord. 869 § 2, 1993).

3.08.020 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. 597 § 2, 1982).

3.08.030 Consistency with state tax.

The taxes imposed in this chapter shall comply with all applicable rules, regulation, 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 this chapter, shall apply as though fully set forth in this chapter. (Ord. 597 § 3, 1982).

3.08.040 Disbursal of tax proceeds.

The Snohomish County treasurer shall deposit one percent of the proceeds of the excise tax collected, pursuant to SMC 3.08.010, into the Snohomish County current expense fund to defray the costs of collection. No such deduction shall be made from the proceeds of the excise tax collected, pursuant to SMC 3.08.015. (Ord. 821 § 2, 1991).

3.08.050 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. 597 § 5, 1982).

3.08.060 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 tax is 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 not to pursue the other. (Ord. 597 § 6, 1982).

3.08.070 Notation of payment.

The taxes imposed in this chapter shall be paid to and collected by the treasurer of the county within which is located the real property which was sold. The county treasurer shall act as agent for the city within the county imposing the tax. 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 in this chapter shall be evidence of the satisfaction of the lien imposed in SMC 3.08.060 and may be recorded in the manner prescribed for recording satisfactions or 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. 597 § 7, 1982).

3.08.080 Distribution and use of tax proceeds.

(1) Proceeds of taxes imposed under SMC 3.08.010 shall be deposited by the city clerk-treasurer in the “capital improvement fund”. Amounts in this fund shall be used by the city for local capital improvements, including those listed in RCW 35.43.040.

(2) Proceeds of taxes imposed under SMC 3.08.015 shall be deposited in the “growth management fund” and expended as authorized under RCW 82.46.035(5). (Ord. 869 § 3, 1993).

3.08.085 Date payable.

The taxes imposed in 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. 869 § 1, 1993).