Chapter 3.19
EXCISE TAX ON REAL ESTATE SALES*

Sections:

3.19.010    Tax levied.

3.19.020    Capital improvements – Use and limitations.

3.19.030    Date payable, interest.

3.19.040    Seller’s obligation.

3.19.050    Tax lien on real property.

3.19.060    King County collection – Administrative fee.

3.19.070    Same – County treasurer as agent.

3.19.080    Refunds.

3.19.090    State law and regulations adopted by reference.

State law reference(s) – Excise tax on real estate sales, RCW 82.46.010 et seq.

3.19.010 Tax levied.

A. Imposition. Pursuant to RCW 82.46.010, there is hereby imposed an excise tax on each sale of real property, constituting a taxable event as defined in RCW 82.45.010 et seq. and occurring within the corporate limits of the city. The rate of tax imposed by this section shall be one-quarter (1/4) of one (1) percent of the selling price of all real property upon which this tax is imposed by this subsection.

B. Additional excise tax. Pursuant to RCW 82.46.035, there is hereby imposed an additional excise tax on each sale of real property constituting a taxable event as defined in RCW 82.45.010 et seq. and occurring within the corporate limits of the city for development and maintenance of parks projects. The rate of the additional tax imposed under this chapter shall be one-quarter (1/4) of one (1) percent of the selling price on real property upon which this tax is imposed by this subsection.

C. Other. The taxes imposed under this section shall be collected from persons who are taxable by the state under Chapter 82.45 RCW and Chapter 458-61 WAC, upon the occurrence of any taxable event, as defined therein, within the corporate limits of the city. Additionally, the taxes imposed under this section shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes imposed by the state under Chapter 82.45 RCW and Chapter 458-61 WAC. The provisions of those chapters shall apply as through fully set forth herein.

(Ord. No. 2573, § 1; Ord. No. 3592, § 1, 2-19-02. Formerly Code 1986, § 3.09.010(A), (B))

State law reference(s) – Authorized, RCW 82.46.010.

3.19.020 Capital improvements – Use and limitations.

A. Use of proceeds. Subject to the limitations specified in this chapter, all proceeds from the tax imposed by this chapter shall be used by the city for financing capital projects specified in the capital facilities plan element of the city’s comprehensive plan pursuant to Chapter 82.46 RCW. Capital projects may include those listed in RCW 35.43.040.

B. Special assessments not limited. This chapter shall not limit the existing authority of the city to impose special assessments in the manner prescribed by law on property benefited thereby.

(Ord. No. 2573, § 1; Ord. No. 3592, § 1, 2-19-02. Formerly Code 1986, § 3.09.010(C), (D))

State law reference(s) – Similar provisions, RCW 82.46.030 (2), (3).

3.19.030 Date payable, interest.

The taxes imposed by this chapter shall become due and payable immediately at the time of sale. If not paid within thirty (30) days thereafter, the amount unpaid shall be subject to interest and penalties pursuant to Chapter 82.46 RCW and all other applicable laws.

(Ord. No. 2573, § 1; Ord. No. 3592, § 1, 2-19-02. Formerly Code 1986, § 3.09.060)

State law reference(s) – Similar provisions, RCW 82.45.100 (1), 82.46.040.

3.19.040 Seller’s obligation.

The taxes imposed in this chapter 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 (1) course of enforcement is not an election not to pursue the other.

(Ord. No. 2573, § 1; Ord. No. 3592, § 1, 2-19-02. Formerly Code 1986, § 3.09.020)

State law reference(s) – Similar provisions, RCW 82.46.050.

3.19.050 Tax lien on real property.

The taxes imposed in this chapter and any interest or penalties thereon shall constitute 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. No. 2573, § 1; Ord. No. 3592, § 1, 2-19-02. Formerly Code 1986, § 3.09.030)

State law reference(s) – Similar provisions, RCW 82.46.040.

3.19.060 King County collection – Administrative fee.

The King County treasurer shall place one (1) percent of the proceeds of the taxes imposed by this chapter in the King County Current Expense Fund to defray costs of collection. The remaining proceeds from the city taxes imposed by this chapter shall be remitted to the city on a monthly basis.

(Ord. No. 2573, § 1; Ord. No. 3592, § 1, 2-19-02. Formerly Code 1986, § 3.09.040)

State law reference(s) – Similar provisions, RCW 82.46.030.

3.19.070 Same – County treasurer as agent.

The taxes imposed by this chapter shall be paid to and collected by the King County treasurer. The 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 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 shall be evidence of the satisfaction of the lien imposed by KCC 3.19.050, 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 King County auditor for filing or recording until the tax is paid and the stamp affixed thereto. If 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. No. 2573, § 1; Ord. No. 3592, § 1, 2-19-02. Formerly Code 1986, § 3.09.050)

State law reference(s) – Similar provisions, RCW 82.46.060.

3.19.080 Refunds.

If, upon written application by a taxpayer to the King 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. 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. No. 2573, § 1; Ord. No. 3592, § 1, 2-19-02. Formerly Code 1986, § 3.09.070)

State law reference(s) – Similar provisions, RCW 82.45.100(3), (4).

3.19.090 State law and regulations adopted by reference.

Chapters 82.45 and 82.46 RCW, Chapter 458-61 WAC, and any and all subsequent amendments are hereby adopted by this reference as if set forth in full in this chapter.

(Ord. No. 2573, § 1; Ord. No. 3592, § 1, 2-19-02. Formerly Code 1986, § 3.09.080)