Chapter 3.43
REAL ESTATE EXCISE TAX
Sections:
3.43.030 Disposition of proceeds.
3.43.040 Tax is lien – Enforcement.
3.43.050 Tax is seller’s obligation – Election of remedies.
3.43.070 Date tax due – Penalty.
3.43.010 Imposed.
There is imposed an excise tax on each sale of real property in the corporate limits of the city for the city tax at the rate of one-quarter of one percent of the selling price. Taxes imposed under this section shall be collected from persons who are taxable by the state of Washington under Chapter 82.45 RCW upon the occurrence of any taxable event within the corporate limits of the city. Taxes imposed under this section shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes as imposed by the state of Washington under Chapter 82.45 RCW, all of which shall apply as though fully set forth herein. (Ord. 2005-2 § 1, 2005).
3.43.020 Payment.
Any taxes imposed under TMC 3.43.010 shall be paid to the Yakima County treasurer. (Ord. 2005-2 § 1, 2005).
3.43.030 Disposition of proceeds.
One percent of the proceeds of the taxes imposed under TMC 3.43.010 shall be placed by the Yakima County treasurer in the county current expense fund to defray costs of collection. The remaining proceeds from said tax shall be distributed by the county treasurer to the city monthly and shall be placed by the city treasurer in a municipal capital improvements fund. These capital improvement funds shall be used by the city as authorized by RCW 82.46.010, as it now exists or may be amended to provide in the future. (Ord. 2012-9 § 1, 2012; Ord. 2005-2 § 1, 2005).
3.43.040 Tax is lien – Enforcement.
Any tax imposed under TMC 3.43.010 and any interest or penalties thereon is 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. 2005-2 § 1, 2005).
3.43.050 Tax is seller’s obligation – Election of remedies.
The taxes levied under TMC 3.43.010 are the obligation of the seller 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. 2005-2 § 1, 2005).
3.43.060 Record of payment.
A receipt issued by the county treasurer for the payment of the tax imposed under TMC 3.43.010 shall be evidence of the satisfaction of the lien imposed in TMC 3.43.040. (Ord. 2005-2 § 1, 2005).
3.43.070 Date tax due – Penalty.
The tax imposed by TMC 3.43.010 shall be due and payable on the date of sale of real property in the corporate limits of the city. If the tax is not so paid within 30 days thereafter, it shall bear interest at the rate of one percent per month from the date of sale until paid. (Ord. 2005-2 § 1, 2005).