Chapter 5.11
LEASEHOLD EXCISE TAX
Sections:
5.11.030 Administration and collection.
5.11.050 Consent to inspection of records.
5.11.060 Contract for administration and collection.
5.11.080 Failure to comply a misdemeanor.
5.11.010 Tax levied.
There is hereby levied and shall be collected a leasehold excise tax on and after September 1, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within the city of Bonney Lake through a “leasehold interest” as defined by Section 2 chapter 61, Laws of 1975-76, Second Extraordinary Session (hereafter “the state act”). 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 Section 5 of the state act. (Ord. 990 Att. A, 2003; Ord. 646 § 1, 1991).
5.11.020 Rate of tax.
The rate of the tax imposed by BLMC 5.11.010 shall be a rate not to exceed four percent of the taxable rent (as defined by Section 2 of the state act); 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 were binding on the lessee prior to July 1, 1970, where such lease or agreement has not been renegotiated (as defined by Section 2 of the state act) since that date, and excluding from such credit any leasehold interest arising out of any lease of property covered by the provisions of RCW 28B.20.394 and any lease or agreement including options to renew which extends beyond January 1, 1985, as follows:
With respect to taxes due in calendar year 1976, a credit equal to 80 percent of the tax produced by the above rate.
With respect to taxes due in calendar year 1977, a credit equal to 60 percent of the tax produced by the above rate.
With respect to taxes due in calendar year 1978, a credit equal to 40 percent of the tax produced by the above rate.
With respect to taxes due in calendar year 1979, a credit equal to 20 percent of the tax produced by the above rate.
B. With respect to a product lease (as defined by Section 2 of the state act), a credit of 33 percent of the tax produced by the above rate. (Ord. 990 Att. A, 2003; Ord. 646 § 2, 1991).
5.11.030 Administration and collection.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of the state act. (Ord. 990 Att. A, 2003; Ord. 646 § 3, 1991).
5.11.040 Exemption.
Leasehold interests exempted by Section 13 of the state act as it now exists or may hereafter be amended shall be exempt from the tax imposed pursuant to BLMC 5.11.010. (Ord. 990 Att. A, 2003; Ord. 646 § 4, 1991).
5.11.050 Consent to inspection of records.
The city hereby 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. 990 Att. A, 2003; Ord. 646 § 5, 1991).
5.11.060 Contract for administration and collection.
The finance director 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 BLMC 5.11.010; provided, that the city attorney shall first approve the form and content of said contract. (Ord. 990 Att. A, 2003; Ord. 646 § 6, 1991).
5.11.070 Severability.
If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 990 Att. A, 2003; Ord. 646 § 7, 1991).
5.11.080 Failure to comply a misdemeanor.
Any person, firm or corporation who fails to comply with the requirements of this chapter shall be guilty of a misdemeanor. Each and every offense committed shall be deemed to be a separate offense and each period when rental payment is due and owing shall be deemed to be a separate offense. (Ord. 990 Att. A, 2003; Ord. 646 § 8, 1991).