Chapter 3.12
LEASEHOLD EXCISE TAX
Sections:
3.12.010 Imposed – Payment to state.
3.12.030 Administration and collection.
3.12.040 Exempt leasehold interests.
3.12.050 State inspection of city records.
3.12.010 Imposed – Payment to state.
There is levied and shall be collected a leasehold excise tax, on and after July 1, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within the city through a leasehold interest as defined by RCW 82.29A.020. The tax shall be paid, collected and remitted to the state Department of Revenue at the time and in the manner prescribed by RCW 82.29A.050. (Ord. 1454 § 1, 1976; prior code § 5-1301(A))
3.12.020 Rate – Credits.
The rate of the tax imposed by BMC 3.12.010 shall be four percent of the taxable rent as defined by RCW 82.29A.020; provided, that the following credits shall be allowed in determining the tax payable:
A. With respect to a leasehold interest arising out of any lease of agreement, the terms of which were binding on the lessee prior to July 1, 1970, where such lease or agreement has not been renegotiated (as defined by RCW 82.29A.020) since that date, and excluding from such credit:
1. Any leasehold interest arising out of any lease of property covered by the provisions of RCW 28B.20.394; and
2. Any lease or agreement including options to renew which extend beyond January 1, 1985, as follows:
a. With respect to taxes due in calendar year 1976, a credit equal to 80 percent of the tax produced by the above rate;
b. With respect to taxes due in calendar year 1977, a credit equal to 60 percent of the tax produced by the above rate;
c. With respect to taxes due in calendar year 1978, a credit equal to 40 percent of the tax produced by the above rate;
d. With respect to taxes due in calendar year 1979, a credit equal to 20 percent of the tax produced by the above rate.
B. With respect to a product lease (as defined by RCW 82.29A.020), a credit of 33 percent of the tax produced by the above rate. (Ord. 1454 § 2, 1976; prior code § 5-1301(B))
3.12.030 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. 1454 § 3, 1976; prior code § 5-1301(C))
3.12.040 Exempt leasehold interests.
Leasehold interests exempt under state law are also exempt under this chapter. (Ord. 1653 § 1, 1982; Ord. 1454 § 4, 1976; prior code § 5-1301(D))
3.12.050 State inspection of city 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. 1454 § 5, 1976; prior code § 5-1301(E))
3.12.060 Contract with state.
The city manager is authorized to execute a contract with the Department of Revenue of the state for the administration and collection of the tax imposed by BMC 3.12.010; provided, that the city attorney shall first approve the form and content of the contract. (Ord. 1454 § 6, 1976; prior code § 5-1301(F))
3.12.070 Violation.
Any violation of the provisions of this chapter is a misdemeanor and punishable as provided in Chapter 1.28 BMC. (Ord. 1454 § 8, 1976; prior code § 5-1301(G))