Chapter 3.27


3.27.010    Imposition of real estate excise tax.

3.27.020    Taxable events.

3.27.030    Consistency with state tax.

3.27.040    Lien.

3.27.050    Seller’s obligation.

3.27.060    Collection.

3.27.070    Disbursal of tax proceeds.

3.27.080    Deposit in capital facilities fund.

3.27.090    Date payable.

3.27.100    Excessive and improper payments.

3.27.010 Imposition of real estate excise tax.

Pursuant to RCW 82.46.035 there is levied and imposed an additional excise tax on each sale of real property within the corporate limits of the city at a rate of one-quarter of one percent of the selling price of the property. (Ord. 524 § 1, 1993)

3.27.020 Taxable events.

Taxes imposed herein 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 city. (Ord. 524 § 2, 1993)

3.27.030 Consistency with state tax.

The taxes imposed herein 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 herein. (Ord. 524 § 3, 1993)

3.27.040 Lien.

The real estate excise tax and 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. (Ord. 524 § 4, 1993)

3.27.050 Seller’s obligation.

The excise tax shall be the obligation of the seller of the real property 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. 524 § 5, 1993)

3.27.060 Collection.

The excise tax shall be paid to and collected by the King County treasurer. The treasurer shall act as agent for the city. The 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 treasurer for the payment of the tax shall be evidence of the satisfaction of the lien imposed by LFPMC 3.27.020, and may be recorded in the manner prescribed for recording satisfactions of 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 tax is paid and the stamp affixed thereto; in case the tax is not due on the transfer, the instrument shall not be accepted until a suitable notation of this fact is made on the instrument by the treasurer. (Ord. 524 § 6, 1993)

3.27.070 Disbursal of tax proceeds.

A. The King County treasurer shall deposit a designated percentage of the proceeds of the excise tax into the King County current expense fund to defray the costs of collection.

B. The remaining proceeds of the excise tax shall be remitted to the city on a monthly basis. (Ord. 524 § 7, 1993)

3.27.080 Deposit in capital facilities fund.

All proceeds of the excise tax collected hereunder shall be deposited into fund No. 301, capital improvement fund. Moneys in said fund shall be accumulated from year to year, and may be expended at such times as the city council shall direct for purposes of making capital projects specified in a capital facilities plan element of the city of Lake Forest Park comprehensive plan. (Ord. 524 § 8, 1993)

3.27.090 Date payable.

The tax imposed hereunder 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 from the time of sale until the date of payment. (Ord. 524 § 9, 1993)

3.27.100 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 city. (Ord. 524 § 10, 1993)