ARTICLE B. REAL ESTATE EXCISE TAX
SECTION:
3-4B-3: Compliance With State Regulations
3-4B-4: Defray Cost Of Collection
3-4B-1 TAX IMPOSED; RATE:
A. There is hereby imposed a tax of one-fourth of one percent (0.25%) of the selling price on each sale of real property within the corporate limits of the city.
B. In accordance with the Revised Code Of Washington as now effective or hereafter amended, and in addition to the excise tax on the sale of real property imposed by subsection A of this section, there is hereby imposed an excise tax on each sale of real property located within the corporate limits of the city at the rate of one-fourth of one percent (0.25%) of the selling price to be collected by the county as prescribed by law.
C. Proceeds from these taxes shall be deposited in a separate account in the municipal capital improvements fund and expended as authorized by law and such taxes are intended to be in addition to other funds that may be reasonably available for such capital projects. (Ord. 871, 6-25-2012)
3-4B-2 COLLECTION OF TAX:
Taxes imposed by this article shall be collected from persons who are taxable by the state under Revised Code Of Washington chapter 82.45 and Washington administrative code chapter 458.61 upon the occurrence of any taxable event within the corporate limits of the city. (Ord. 289, 11-8-1982)
3-4B-3 COMPLIANCE WITH STATE REGULATIONS:
The taxes imposed in this article shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under Revised Code Of Washington chapter 82.45 and Washington administrative code chapter 458.61. The provisions of those chapters, to the extent they are not inconsistent with this article, shall apply as though fully set forth herein. (Ord. 289, 11-8-1982)
3-4B-4 DEFRAY COST OF COLLECTION:
The Pierce County treasurer shall place one percent (1%) of the proceeds of the taxes imposed in this article in the county current expense fund to defray costs of collection. The remaining proceeds of the taxes imposed in this article shall be distributed to the city monthly and those taxes imposed under section 3-4B-1 of this article shall be placed by the clerk-treasurer in municipal capital improvement funds. (Ord. 289, 11-8-1982)
3-4B-5 ENFORCEMENT:
The taxes imposed in this article 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. 289, 11-8-1982)
3-4B-6 LIEN FOR UNPAID TAXES:
The taxes imposed in this article and any interest or penalties thereon are the specific lien upon each piece of real property sold from 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. 289, 11-8-1982)
3-4B-7 COLLECTION BY COUNTY:
The taxes imposed in this article shall be paid to and collected by the Pierce County treasurer on the real property sold within the corporate limits of the city. The Pierce County treasurer shall act as agent for the city. The Pierce 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 Pierce County treasurer for the payment of the tax imposed in this article shall be evidence of the satisfaction of lien imposed in section 3-4B-6 of this article and may be recorded in the manner prescribed for recording satisfaction of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the Pierce 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 suitable notation of this fact is made on the instrument by the Pierce County treasurer. (Ord. 289, 11-8-1982)
3-4B-8 PAYMENT OF TAX:
The tax imposed hereunder shall become due and payable immediately at the time of sale, and if not so paid within thirty (30) days thereafter, shall bear monthly interest at a rate computed using an average of the federal short term rate as defined in 26 USC section 1274(d), plus two (2) percentage points. The rate set for each new year shall be computed by taking an arithmetical average to the nearest percentage point of the federal short term rate, compounded annually. That average shall be calculated using the rates from four (4) months: January, April, and July of the calendar year immediately preceding the new year, and October of the previous preceding year. Any such unpaid tax shall also be subject to penalties as set forth in Revised Code Of Washington 82.45.100. (Ord. 718, 5-9-2005)
3-4B-9 REFUND OF OVERPAYMENT:
If, upon written application by a taxpayer to the Pierce 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 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 Pierce 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. 289, 11-8-1982)
3-4B-10 DATE TAX IMPOSED:
The tax provided for by the provisions of this article shall be imposed on January 1, 1983. (Ord. 289, 11-8-1982)