Chapter 3.32
REAL ESTATE EXCISE TAX
Sections:
3.32.030 Compliance with state provisions.
3.32.040 Distribution and use of revenue.
3.32.090 Overpayment or underpayment.
3.32.100 Additional real estate excise tax.
3.32.010 Imposed – Rate.
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 the city. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 137 § 1, 1982. Formerly 3.24.010)
3.32.020 Applicability.
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. 363 § 1(Exh. A)(part), 2009: Ord. 137 § 2, 1982. Formerly 3.24.020)
3.32.030 Compliance with state provisions.
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 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. 363 § 1(Exh. A)(part), 2009: Ord. 137 § 3, 1982. Formerly 3.24.030)
3.32.040 Distribution and use of revenue.
A. The county treasurer shall place one percent of the proceeds of the taxes imposed in this chapter in the county current expense fund to defray costs of collection.
B. The remaining proceeds from city taxes imposed in this chapter shall be distributed to the city monthly and those taxes imposed under BMC 3.32.010 shall be placed by the city treasurer in a municipal capital improvements fund. These capital improvements funds shall be used solely for financing capital projects specified in a capital facilities plan element of a comprehensive plan and housing relocation assistance under RCW 59.18.440 and 59.18.450; provided, revenues (1) pledged by the city for purposes of debt retirement prior to April 30, 1992, may continue to be used for that purpose until the original debt for which the revenues were pledged is retired, or (2) committed prior to April 30, 1992, by such counties or cities to a project may continue to be used for that purpose until the project is completed.
C. 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. 363 § 1(Exh. A)(part), 2009: Ord. 137 § 4, 1982. Formerly 3.24.040)
3.32.050 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. Resort to one course of enforcement is not an election not to pursue the other. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 137 § 5, 1982. Formerly 3.24.050)
3.32.060 Lien provisions.
The taxes imposed in this chapter and any interest or penalties thereon are a specific lien upon each piece of 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. 363 § 1(Exh. A)(part), 2009: Ord. 137 § 6, 1982. Formerly 3.24.060)
3.32.070 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 within the county. 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 treasurer for the payment of the tax imposed in this chapter shall be evidence of the satisfaction of the lien imposed in BMC 3.32.060 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 treasurer. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 137 § 7, 1982. Formerly 3.24.070)
3.32.080 Payable when.
The tax imposed under this chapter shall become due and payable immediately at the time of sale and, if not so paid within thirty days thereafter, shall bear interest at a rate computed on a monthly basis under RCW 82.32.050(2). The rate so computed shall be adjusted on the first day of January of each year for use in computing interest for that calendar year. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 137 § 8, 1982. Formerly 3.24.080)
3.32.090 Overpayment or underpayment.
If, upon written application by a taxpayer to the 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 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. 363 § 1(Exh. A)(part), 2009: Ord. 137 § 9, 1982. Formerly 3.24.090)
3.32.100 Additional real estate excise tax.
A. As of the effective date of the ordinance codified in this section, there shall be and hereby is imposed an additional one-quarter of one percent real estate excise tax. Funds derived from the city’s additional one-quarter of one percent real estate excise tax shall be deposited into the capital facilities fund, Fund No. 300, for capital projects as per RCW 82.46.035(5). The capital facilities fund, Fund No. 300, is hereby created by virtue of this section and the clerk/treasurer or designated official is hereby authorized to move deposits to and withdrawals from said fund.
B. Other than as expressly stated herein, current ordinance provisions regarding imposition of the real estate excise tax, taxable events, consistency with state law, seller’s obligation, collection, dispersal and deposit procedures, date payable and excessive and improper payments and all provisions governing such matters shall remain as presently stated, and shall likewise apply to this additional one-quarter of one percent tax. If any part or portion of this section is declared invalid for any reason, such declaration of invalidity shall not affect any remaining part or portion. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 137.A §§ 1, 2, 1998. Formerly 3.24.100)