Chapter 3.23
EXCISE TAX ON REAL ESTATE SALES
Sections:
3.23.020 Consistency with state tax.
3.23.050 Payment – Due when – Interest on late payments.
3.23.060 Payment – County treasurer stamp and affidavit duties.
3.23.070 Tax proceeds – Distribution and use restrictions.
3.23.090 Excessive and improper payment – Refund conditions.
3.23.010 Imposition – Amount.
Effective on and after July 1, 1992, 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 the city. (Ord. 703 § 1, 1992).
3.23.020 Consistency with state tax.
The taxes imposed under this chapter shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under Chapter 82.45 RCW and Chapter 458-61 WAC. The provisions of those chapters, to the extent they are not inconsistent with this chapter, shall apply as though fully set forth herein. (Ord. 703 § 3, 1992).
3.23.030 Payment.
Taxes imposed under this chapter shall be collected from the persons who are taxable by the state under Chapter 82.45 RCW and Chapter 458-61 WAC upon the occurrence of any taxable event within the corporate limits of the city. (Ord. 703 § 2, 1992).
3.23.040 Seller’s obligation.
The tax imposed under this chapter is 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. 703 § 5, 1992).
3.23.050 Payment – Due when – Interest on late payments.
The tax imposed under this chapter shall become due and payable immediately at the time of the sale and, if not so paid within 30 days thereafter, shall bear interest at a rate of one percent per month from the time of sale until the time of payment. (Ord. 703 § 8, 1992).
3.23.060 Payment – County treasurer stamp and affidavit duties.
The tax imposed under this chapter shall be paid to and collected by the Lincoln County treasurer. The Lincoln County treasurer shall act as agent for the city. The county treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to the recording thereof 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 under this chapter shall be evidence of the satisfaction of the lien imposed by DMC 3.23.080 and may be recorded in the manner prescribed for recording satisfactions of mortgages. No instrument of sale of conveyance evidencing a sale subject to the tax imposed under this chapter 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. 703 § 7, 1992).
3.23.070 Tax proceeds – Distribution and use restrictions.
(a) The Lincoln County treasurer shall place one percent of the proceeds of the tax imposed under this chapter in the county current expense fund to defray costs of collection.
(b) The remaining proceeds from the tax imposed under this chapter shall be distributed to the city monthly and shall be placed by the clerk-treasurer in the general capital improvement fund. This fund shall be used by the city for capital improvements to the city, as listed in RCW 35.43.040.
(c) This section shall not limit the existing authority of the city to impose special assessments on property benefited thereby in the manner prescribed by law. (Ord. 703 § 4, 1992).
3.23.080 Lien provisions.
The tax imposed under this chapter and any interest or penalties thereon shall be a continuing lien upon each specific 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. Resort to one cause of enforcement shall not prevent the city from pursuing the other. (Ord. 703 § 6, 1992).
3.23.090 Excessive and improper payment – Refund conditions.
If, upon written application by the taxpayer to the county treasurer for a refund, it appears a tax has been paid in excess of the amount actually due, or upon 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 miscalculation. Any refund made shall be withheld from the next monthly distribution to the city. (Ord. 703 § 9, 1992).