Chapter 3.16   REAL ESTATE EXCISE TAX

Sections:


3.16.010   Imposition.

There is imposed a tax of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of this city.

(Ord. 268 § 1, 1982)

3.16.020   Taxable events.

Taxes imposed in this chapter shall be collected from persons who are taxable by the state under RCW Chapter 82.45 and Chapter 458-61 WAC upon the occurrence of any taxable event within the corporate limits of the city.

(Ord. 268 § 2, 1982)

3.16.030   Consistency with state tax.

The taxes imposed in this chapter shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under RCW Chapter 82.45 and WAC Chapter 458-61. 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. 268 § 3, 1982)

3.16.040   Distribution of tax proceeds and limiting the use thereof.

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 costs of collection.

B.

The remaining proceeds from city taxes imposed under Section 3.16.010 shall be distributed to the city monthly and shall be placed by the city clerk-treasurer in a municipal capital improvements fund. These capital improvements funds shall be used by the city for any capital purpose identified in a capital improvements plan and local capital improvements, including those listed in RCW 35.43.040.

C.

This section shall not limit the existing authority of this city to impose special assessments on property benefited thereby in the manner prescribed by law.

(Ord. 568 § 1, 1995; Ord. 268 § 4, 1982)

3.16.045   Fund No. 310 created.

A.

There is established a capital improvements fund to be known as Fund No. 310.

B.

Source. The moneys to be deposited into this fund shall be those collected pursuant to Section 3.16.010.

C.

Use of Funds. Moneys in this fund shall be used by the city as set forth in Section 3.16.040.

(Ord. 544 § 1, 1995)

3.16.050   Seller's obligation.

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. 268 § 5, 1982)

3.16.060   Lien provisions.

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. 268 § 6, 1982)

3.16.070   Notification of payment.

The taxes imposed in this chapter shall be paid to and collected by the city clerk-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 the lien imposed in Section 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 suitable notation of this fact is made on the instrument by the county treasurer.

(Ord. 268 § 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 thirty days thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment.

(Ord. 268 § 8, 1982)

3.16.090   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. 268 § 9, 1982)

3.16.100   Additional tax?Imposition.

There is hereby imposed an additional tax of one-fourth of one percent of the selling price of each sale of real property within the corporate limits of the city as authorized by RCW 82.46.035(2).

(Ord. 524 § 2, 1995)

3.16.105   Use of taxes collected.

The taxes assessed and collected under Section 3.16.100 shall be used solely for financing capital projects specified in a capital facilities plan element of the city's comprehensive plan. Capital projects shall be those as identified in RCW 82.46.035(5). Such moneys shall be held in a segregated city fund.

(Ord. 524 § 3, 1995)

3.16.108   Fund No. 320 created.

A.

There is hereby established a capital projects fund to be known as Fund No. 320.

B.

Source. The moneys to be deposited into this fund shall be those collected pursuant to Section 3.16.100.

C.

Use. Moneys in this fund shall be used by the city as set forth in Section 3.16.105.

(Ord. 544 § 2, 1995)

3.16.110   Additional taxes?Taxable events.

Taxes imposed pursuant to the Section 3.16.100 shall be collected from persons who are taxable by the state under RCW 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. 524 § 4, 1995: Ord. 440 § 2, 1991)

3.16.120   Additional?Consistency with the state tax.

The taxes imposed in Section 3.16.100 shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under RCW Chapter 82.45 and WAC Chapter 458-61. The provisions of these chapters, to the extent that they are not inconsistent with Sections 3.16.100 through 3.16.190, shall apply as though fully set forth in this section.

(Ord. 440 § 3, 1991)

3.16.130   Additional?Distribution of tax proceeds.

A.

The county treasurer shall place one percent of the proceeds of the taxes imposed in Section 3.16.100 in the county expense fund to defray costs of collection.

B.

The remaining proceeds from city taxes imposed in Section 3.16.100 shall be distributed to the city monthly and shall be placed by the city clerk-treasurer in the city's capital improvement fund.

C.

This section shall not limit the existing authority of this city to impose special assessments on property benefitted thereby in the manner prescribed by law.

(Ord. 440 § 4, 1991)

3.16.150   Additional?Seller's obligation.

Taxes imposed in Section 31.16.100 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. 440 § 6, 1991)

3.16.160   Lien provisions.

The taxes imposed in Section 3.16.100 and any interest or penalties thereon are the specific lien upon each piece of 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 manner of enforcement is not an election not to pursue another type of enforcement.

(Ord. 440 § 7, 1991)

3.16.170   Notation of payment.

The taxes imposed in Section 31.16.100 shall be paid to and collected by the treasurer of King County and the county treasurer shall act as agent for the city for the purpose of collecting this tax. The county treasurer shall cause a stamp evidencing the 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 Section 3.16.100 shall be evidence of the satisfaction of the lien imposed in Section 3.16.160 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 county treasurer.

(Ord. 440 § 8, 1991)

3.16.180   Date payable.

The tax imposed under Section 3.16.100 shall become due and payable immediately at the time of sale and, if not so paid within thirty days thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment.

(Ord. 440 § 9, 1991)

3.16.190   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 the sale or other transfer declared as 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 shall be withheld from the next monthly distribution to the city.

(Ord. 440 § 10, 1991)