Chapter 3.56
REAL ESTATE EXCISE TAX

Sections:

3.56.010    Imposition.

3.56.020    Taxable events.

3.56.030    Consistency with state tax.

3.56.040    Distribution and limitations.

3.56.050    Seller’s obligation and lien provisions.

3.56.060    Collection and notation of payment.

3.56.070    Date payable and interest.

3.56.010 Imposition.

There is imposed a tax on the selling price of real property within the corporate limits of the city, as follows:

A. As authorized by RCW 82.46.010(2), a tax of one-quarter of one percent.

B. As authorized by RCW 82.46.035(2), a tax of one-quarter of one percent. (Ord. 1381 § 3, 2009: Ord. 749 § 1, 1984).

3.56.020 Taxable events.

Taxes imposed in this chapter shall be collected from the persons who are taxable by the state of Washington 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. 749 § 2, 1984).

3.56.030 Consistency with state tax.

The taxes imposed 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, and the provisions of those chapters, to the extent they are not inconsistent with this chapter, shall apply as though fully set forth herein. (Ord. 749 § 3, 1984).

3.56.040 Distribution and limitations.

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 the costs of collection.

B. The remainder from the taxes imposed in this chapter shall be distributed to the city to be placed in a municipal capital improvement fund.

C. These capital improvement funds shall be used by the city for local improvements, including those listed in RCW 35.43.040.

D. This section shall not limit the existing authority of the city to impose special assessments on property benefitted thereby in the manner prescribed by law. (Ord. 749 § 4, 1984).

3.56.050 Seller’s obligation and lien provisions.

A. The taxes imposed are the obligation of the seller and may be enforced by an action for collection of debt against the seller or in the manner prescribed for the foreclosure of mortgages.

B. The taxes imposed in 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.

C. Resort to one course of enforcement is not an election not to pursue the other. (Ord. 749 § 5, 1984).

3.56.060 Collection and notation of payment.

A. The taxes imposed in this chapter shall be paid to and collected by the treasurer of Chelan County who shall act as agent for the city.

B. 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.

C. A receipt issued by the county treasurer for the payment of tax imposed in this chapter shall be evidence of the lien imposed in Section 3.56.050 and may be recorded in the manner prescribed for recording satisfactions of mortgages.

D. 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.

E. In case the tax is not due on the transfer, the instrument shall not be accepted until suitable notation on the face is made on the instrument by the county treasurer. (Ord. 749 § 6, 1984).

3.56.070 Date payable and interest.

The tax imposed in 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 the rate of one percent per month from the time of sale until the date of payment. (Ord. 749 § 7, 1984).