Chapter 3.12
LEASEHOLD EXCISE TAX
Sections:
3.12.030 Administration and collection.
3.12.050 Inspection of records.
3.12.070 Failure to pay—Penalty.
3.12.010 Levied.
There is levied and shall be collected a lease hold excise tax on and after July 1, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within the city through a “leasehold interest,” as defined by Section 2, Chapter 61, Laws of 1975-76, Second Extraordinary Session (hereafter called “the state act”). The tax shall be paid, collected and remitted to the Department of Revenue of the state at the time and in the manner prescribed by Section 5 of the state act. (Prior code § 5.93.010)
3.12.020 Rate.
The rate of the tax imposed by Section 3.12.010 of this chapter shall be 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:
1. Any leasehold interest arising out of any lease of property covered by the provisions of RCW 28B.20.394; and
2. Any lease or agreement including options to renew which extends beyond July 1, 1985, as follows:
a. With respect to taxes due in calendar year 1976, a credit equal to eighty percent of the tax produced by the above rate,
b. With respect to taxes due in calendar year 1977, a credit equal to sixty percent of the tax produced by the above rate,
c. With respect to taxes due in calendar year 1978, a credit equal to forty percent of the tax produced by the above rate,
d. With respect to taxes due in calendar year 1979, a credit equal to twenty 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 thirty-three percent of the tax produced by the above rate. (Prior code § 5.93.020)
3.12.030 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. (Prior code § 5.93.030)
3.12.040 Exemptions.
Leasehold interest 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 Section 3.12.010 of this chapter. (Prior code § 5.93.040)
3.12.050 Inspection of records.
The city consents to the inspection of such records as are necessary to qualify the city for inspection of records of the Department of Revenue of the state pursuant to RCW 82.32.330. (Prior code § 5.93.050)
3.12.060 Contract with state.
The city manager is authorized to execute a contract with the Department of Revenue of the state for the administration and collection of the tax imposed by Section 3.12.010 of this chapter, provided, that the city attorney shall first approve the form and content of the contract. (Prior code § 5.93.060)
3.12.070 Failure to pay—Penalty.
It shall be a misdemeanor to fail to pay the tax imposed in this chapter and anyone failing to pay such tax and convicted thereof shall be punished by a fine of one hundred dollars for each violation. (Prior code § 5.93.070)