Chapter 3.20
LEASEHOLD EXCISE TAX

Sections:

3.20.010  Levied.

3.20.020  Rate.

3.20.030  Exemption.

3.20.040  Inspection of records.

3.20.050  Contract with state.

3.20.060  Violation – Penalty.

3.20.010 Levied.

There is hereby levied and shall be collected a leasehold excise tax July 1, 1976, upon the act or privilege of occupying or using publicly owned, real or personal property within the city of Forks through a leasehold interest as defined by Section 2, Chapter 61, Laws of 1975-1976, Second Extraordinary Session (hereinafter "the State Act"). 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. 180 § 1, 1977)

3.20.020 Rate.

The rate of tax imposed by FMC 3.20.010 shall be four percent of the taxable rent (as defined in Section 2 of the State Act); provided, that the following credit shall be allowed in determining the tax payable:

(1) With respect to a leasehold interest arising out of any lease or agreement, the terms which were binding on the lessee prior to July 1, 1970, where such lease or agreement has not been renegotiated (as defined by Section 2 of the State Act) since that date, and excluding from such credit any leasehold interest arising out of any lease of property covered by the provisions of RCW 28B.20.394, and any lease or agreement including options to renew which extends beyond January 1, 1985, as follows:

(a) With respect to taxes due in the calendar year 1976, a credit equal to 80 percent of the tax produced by the above rate.

(b) With respect to taxes due in the calendar year 1977, a credit equal to 60 percent of the tax produced by the above rate.

(c) With respect to taxes due in the calendar year 1978, a credit equal to 40 percent of the tax produced by the above rate.

(d) With respect to taxes due in the calendar year 1979, a credit equal to 20 percent of the taxes due in the calendar year by the above rate.

(2) With respect to a product lease (as defined by Section 2 of the State Act), a credit of 33 percent of the tax produced by the above rate. (Ord. 180 § 2, 1977)

3.20.030 Exemption.

Leasehold interests exempt by Section 13 of the State Act as it now exists or may hereafter be amended shall be exempt from the tax imposed pursuant to FMC 3.20.010. (Ord. 180 § 4, 1977)

3.20.040 Inspection of records.

The city hereby consents to the inspection of such records as they are necessary to qualify the city for inspection of records of the Department of Revenue pursuant to RCW 82.32.330. (Ord. 180 § 5, 1977)

3.20.050 Contract with state.

The mayor is authorized to execute a contract to the Department of Revenue of the state of Washington for the administration and collection of the tax imposed by FMC 3.20.010; provided, the city attorney shall first approve the form and content of said contract. (Ord. 180 § 6, 1977)

3.20.060 Violation – Penalty.

Failure to pay the tax authorized by this chapter shall be a misdemeanor. (Ord. 180 § 8, 1977)