Chapter 3.12
LEASEHOLD EXCISE TAX
Sections:
3.12.030 Administration and collection of tax.
3.12.050 Inspection of records.
3.12.060 Authority to contract.
3.12.070 Failure to remit tax constitutes breach.
3.12.010 Imposition.
There is levied and shall be collected a leasehold excise tax on and after January 1, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within or owned by the city through a “leasehold interest” as defined by Section 2, Chapter 61, Laws of 1975-76, Second Extraordinary Session of the State Legislature. The tax shall be paid, collected and remitted to the Department of Revenue of the state of Washington, at the time and in the manner prescribed by Section 5 of the State Act. (Ord. 298 § 1, 1976)
3.12.020 Rate.
The rate of tax shall be at the rate of four percent of the taxable rent (as defined by Section 2 of the State Act); 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 or agreement, the terms of which were binding on the lessee prior to July 1, 1970, where such a lease or agreement has not been renegotiated as defined by Section 2 of the State Act since that date, and which lease or agreement included options to renew which extend beyond January 1, 1985. (Ord. 516 § 3, 1986; Ord. 298 § 2, 1976)
3.12.030 Administration and collection of tax.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of the State Act. (Ord. 298 § 3, 1976)
3.12.040 Exemptions.
Leasehold interests exempted by Section 13 of the State Act as it now exists or may hereafter be amended shall be exempted from the tax imposed pursuant to DPMC 3.12.010. (Ord. 298 § 4, 1976)
3.12.050 Inspection of 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. 298 § 5, 1976)
3.12.060 Authority to contract.
The mayor is authorized to execute a contract with the Department of Revenue of the state of Washington for the administration and collection of the tax imposed by DPMC 3.12.010; provided, that the city attorney shall first approve the form and content of the contract. (Ord. 298 § 6, 1976)
3.12.070 Failure to remit tax constitutes breach.
The failure to remit and pay the tax imposed by this chapter shall be determined a breach of any lease or contract of holding made by the city to any person and upon the failure to pay and remit such tax, the city may at its option declare any such lease void and forfeit as a penalty for the failure to pay and remit the tax hereby imposed. (Ord. 298 § 8, 1976)