Chapter 3.20
REAL ESTATE EXCISE TAX
Sections:
3.20.015 Additional tax imposed – Collection.
3.20.030 Consistency with state tax.
3.20.040 Distribution of tax proceeds and limiting the use thereof.
3.20.045 Deposit in capital reserve for projects fund.
3.20.070 Notification of payment.
3.20.090 Excessive and improper payments.
3.20.010 Imposition.
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 this town. (Ord. 553 § 1, 1982)
3.20.015 Additional tax imposed – Collection.
A. There is levied and imposed an additional excise tax on each sale of real property within the corporate limits of the town at a rate of one-quarter of one percent of the selling price of the real property.
B. The excise tax so imposed is in addition to the excise tax under FHMC 3.20.010.
C. The additional excise tax shall be collected in accordance with FHMC 3.20.020. (Ord. 854, 1991)
3.20.020 Taxable events.
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 town. (Ord. 553 § 2, 1982)
3.20.030 Consistency with state tax.
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 in this chapter. (Ord. 553 § 3, 1982)
3.20.040 Distribution of tax proceeds and limiting the use thereof.
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 town taxes imposed in this chapter shall be distributed to the town monthly and those taxes imposed under FHMC 3.20.010 shall be placed by the town treasurer in a municipal capital improvements fund. These capital improvements funds shall be used by the town for local improvements, including those listed in RCW 35.43.040.
C. This section shall not limit the existing authority of this town to impose special assessments on property benefited thereby in the manner prescribed by law. (Ord. 553 § 4, 1982)
3.20.045 Deposit in capital reserve for projects fund.
All proceeds of the excise tax collected pursuant to FHMC 3.20.015 and disbursed to the town shall be deposited into the capital reserve for projects fund. Said proceeds shall be accumulated from year to year, and may be expended at such times as the town council shall, by ordinance, direct for purposes of making capital improvements for the public benefit, including but not limited to, those capital improvements listed in RCW 35.43.040 provided, that revenues generated from tax imposed under FHMC 3.20.015 shall be used primarily for financing capital projects specified in a capital facilities plan element of a comprehensive plan and housing assistance under RCW 59.18.440 and 59.18.450. (Ord. 854, 1991)
3.20.050 Seller’s obligation.
Both excise taxes imposed in this chapter shall be the obligation of the seller and may be enforced through an 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. 854, 1991; Ord. 553 § 5, 1982)
3.20.060 Lien provisions.
The real estate taxes imposed in this chapter and any interest or penalties thereon shall constitute a specific lien upon each piece of real property sold from the time of sale until the tax is paid, which lien may be enforced 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. 854, 1991; Ord. 553 § 6, 1982)
3.20.070 Notification of payment.
Both excise taxes imposed in this chapter shall be paid to and collected by the treasurer of the county within which is located the real property which was sold. The county treasurer shall act as agent for the town within the county imposing the tax. 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 county treasurer for the payment of the taxes imposed in this chapter shall be evidence of the satisfaction of the lien imposed in FHMC 3.20.060 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 taxes are paid and the stamp affixed thereto. In case the taxes are not due on the transfer, the instrument shall not be accepted until suitable notation of this fact is made on the instrument by the county treasurer. (Ord. 854, 1991; Ord. 553 § 7, 1982)
3.20.080 Date payable.
The tax imposed under this chapter shall become due and payable immediately at the time of sale and, if not so paid within 30 days thereafter, shall bear interest at the rate of one percent per month after the time of sale until the date of payment. (Ord. 553 § 8, 1982)
3.20.090 Excessive and improper payments.
If, upon written application by a taxpayer to the county 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 county 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 town. (Ord. 553 § 9, 1982)
3.20.095 Effective date.
A. All provisions of this chapter relating to the excise tax imposed by FHMC 3.20.010 shall be effective July 1, 1982.
B. All provisions of this chapter relating to the additional excise tax imposed by FHMC 3.20.015 shall be effective January 1, 1992. (Ord. 854, 1991)