Chapter 3.36
LEASEHOLD EXCISE TAX

3.36.000    Chapter Contents

Sections:

3.36.010    Levied.

3.36.020    Rate.

3.36.030    Administration and collection.

3.36.040    Exemptions.

3.36.050    Inspection of City records.

3.36.060    Contract with state.

3.36.070    Penalty for violation.

(Ord. 7250 §3, 2020).

3.36.010 Levied

There is levied and shall be collected a leasehold excise tax on and after July 1, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within the City through a “leasehold interest” as defined by RCW 82.29A.020. 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. 7250 §3, 2020; Ord. 2948 §1, 1976).

3.36.020 Rate

The rate of the tax imposed by Section 3.36.010 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:

A.    With respect to a leasehold interest arising out of any lease or agreement, the terms of which are 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 extends beyond January 1, 1985, as follows:

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

2.    With respect to taxes due in calendar year 1977, a credit equal to sixty percent of the tax produced by the above rate,

3.    With respect to taxes due in calendar year 1978, a credit equal to forty percent of the tax produced by the above rate,

4.    With respect to taxes due in calendar year 1979, a credit equal to twenty percent of the tax produced by the above rate;

B.    With respect to a product lease (as defined by RCW 82.29A.020), a credit of thirty-three percent of the tax produced by the above rate.

(Ord. 7250 §3, 2020; Ord. 3948 §3, 1976).

3.36.030 Administration and collection

The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of RCW Chapter 82.29A.

(Ord. 7250 §3, 2020; Ord. 3948 §3, 1976).

3.36.040 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 Section 3.36.010 of this chapter.

(Ord. 7250 §3, 2020; Ord. 3948 §4, 1976).

3.36.050 Inspection of City records

The City consents to the inspection of such records as are necessary to qualify the City for inspection of records of the Department of Revenue pursuant to RCW 82.32.330.

(Ord. 7250 §3, 2020; Ord. 3948 §5, 1976).

3.36.060 Contract with state

The City Manager 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 Section 3.36.010; provided, that the City Attorney shall first approve the form and content of the contract.

(Ord. 7250 §3, 2020; Ord. 3948 §6, 1976).

3.36.070 Penalty for violation

Any person, firm or corporation convicted of the violation of any of the provisions of this chapter shall be fined not to exceed the sum of five hundred dollars.

(Ord. 7250 §3, 2020; Ord. 3948 §8, 1976).