Chapter 3.16
REAL ESTATE EXCISE TAX
Sections:
3.16.015 Additional real estate excise tax.
3.16.030 Compliance with state regulations.
3.16.040 Deposit and use of funds.
3.16.050 Enforcement of collection.
3.16.070 Stamp required to record transfer.
3.16.010 Imposed.
There is imposed a tax of one-quarter of one percent of the selling price of each sale of real property within the corporate limits of this city. (Ord. 905 § 1, 1982).
3.16.015 Additional real estate excise tax.
A. Pursuant to RCW 82.46.035 there is imposed, in addition to the real estate excise tax imposed pursuant to MMC 3.16.010 and Chapter 82.45 RCW, an excise tax in the amount of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of the city to be collected by the county in which said property lies as prescribed in RCW 82.46.060.
B. Any proceeds collected pursuant to this section shall be deposited in a separate fund to be titled the “capital projects/capital improvements fund”, from which expenditures may be made consistent with RCW 82.46.035(5). (Ord. 1263 § 1, 1995; Ord. 1260 § 1, 1995).
3.16.020 When collected.
Taxes imposed in this chapter shall be collected from persons who are taxable by the state under Chapter 82.45 RCW, RCW 82.46.010, RCW 82.46.035 and Chapter 458-61 WAC upon the occurrence of any taxable event within the corporate limits of this city. (Ord. 1263 § 2, 1995; Ord. 905 § 2, 1982).
3.16.030 Compliance with state regulations.
The taxes imposed in this chapter shall comply with all applicable rules, regulations, laws and court decisions regarding real estate taxes as imposed by the state under Chapter 82.45 RCW, RCW 82.46.010, RCW 82.46.035 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. 1263 § 3, 1995; Ord. 905 § 3, 1982).
3.16.040 Deposit and use of funds.
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 cost of collection.
B. The remaining proceeds from city taxes imposed in this chapter shall be distributed to city monthly and those taxes imposed under MMC 3.16.010 and 3.16.015 shall be placed by the finance director in the capital projects/capital improvements fund, MMC 3.24.180. These capital improvements funds shall be used by city for local improvements, including those listed in RCW 35.43.040, subject to the provisions of RCW 82.46.010 and 82.46.035.
C. This section shall not limit the existing authority of this city to impose special assessment on property benefited thereby in the manner prescribed by law. (Ord. 2010 § 1, 2021; Ord. 1263 § 4, 1995; Ord. 905 § 4, 1982).
3.16.050 Enforcement of collection.
The taxes imposed in this chapter are the obligation of the seller and may be enforced through the action of debt against the seller or in the manner prescribed for the foreclosure of mortgages. (Ord. 905 § 5, 1982).
3.16.060 Lien enforcement.
The taxes imposed in this chapter and any interest or penalties thereon are the specific lien upon each piece of real property sold from the time of sale or 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. 905 § 6, 1982).
3.16.070 Stamp required to record transfer.
The 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 city 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 tax imposed in this chapter shall be evidence of the satisfaction of lien imposed in MMC 3.16.060 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 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 on the face of the instrument is made by the county treasurer. (Ord. 905 § 7, 1982).
3.16.080 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 from the time of sale until the date of payment. (Ord. 905 § 8, 1982).
3.16.090 Refunds.
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 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. 905 § 9, 1982).