Chapter 3.10
LEASEHOLD EXCISE TAX

Sections:

3.10.010    Levied.

3.10.020    Rate.

3.10.030    Administration and collection.

3.10.040    Exemptions.

3.10.050    Inspection of records.

3.10.060    Contract with state.

3.10.010 Levied.

There is hereby levied and shall be collected a leasehold excise tax on or after January 1, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within the town of La Conner through a “leasehold interest” as defined by RCW 82.29A.020 (hereinafter referred to as “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 RCW 82.29A.050. [Ord. 421 § 1, 1976.]

3.10.020 Rate.

The rate of the tax imposed by LCMC 3.10.010 shall be four percent of the taxable rent (as defined by RCW 82.29A.020); provided, that the following credits shall be allowed in determining the tax payable:

(1) 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 lease or agreement has not been renegotiated (as defined by RCW 82.29A.020) since that date, and excluding from such credit any lease or agreement including options to renew which extend beyond January 1, 1985, as follows:

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

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

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

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

(2) With respect to a product lease (as defined by RCW 82.29A.020), a credit of 33 percent of the tax produced by the above rate. [Ord. 421 § 2, 1976.]

3.10.030 Administration and collection.

The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of the state act. [Ord. 421 § 3, 1976]

3.10.040 Exemptions.

Leasehold interests exempted by RCW 82.29A.130 as it now exists or may hereafter be amended shall be exempt from the tax imposed pursuant to LCMC 3.10.010. [Ord. 421 § 4, 1976.]

3.10.050 Inspection of records.

The town of La Conner hereby consents to the inspection of such records of the Department of Revenue pursuant to RCW 82.32.330. [Ord. 421 § 5, 1976.]

3.10.060 Contract with state.

The mayor of the town of La Conner 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 LCMC 3.10.010; provided, that the town attorney shall first approve the form and content of the contract. [Ord. 421 § 6, 1976.]