Chapter 5.18
REAL ESTATE EXCISE TAX
Sections:
5.18.010 Imposition of real estate excise tax.
5.18.012 Additional excise tax imposed.
5.18.020 Taxable events.
5.18.030 Consistency with state tax.
5.18.040 Tax proceeds distribution and use limitations.
5.18.045 Distribution of additional excise tax.
5.18.050 Seller’s obligation.
5.18.060 Lien provisions.
5.18.070 Payment and collection.
5.18.080 Date payable.
5.18.090 Excessive and improper payments.
5.18.100 Collection and enforcement authority.
5.18.010 Imposition of real estate excise tax.
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. 2666 § 1, 1982)
5.18.012 Additional excise tax imposed.
There is imposed an additional excise 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. 3549 § 1, 1996)
5.18.020 Taxable events.
Taxes imposed in this chapter shall be collected from persons who are taxable by the state under Chapter 82.45 RCW and Chapter 458-61WAC, upon the occurrence of any taxable event within the corporate limits of the city. (Ord. 2666 § 2, 1982)
5.18.030 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 Chapters 82.45 and 82.46 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 in this chapter. (Ord. 4315 § 1, 2011: Ord. 2666 § 3, 1982)
5.18.040 Tax proceeds distribution and use limitations.
(a) The treasurer for King County shall place one percent of the proceeds of the taxes imposed by Section 5.18.010 in the county current expense fund to defray costs of collection.
(b) The remaining proceeds from the city taxes imposed in Section 5.18.010 shall be distributed to the city monthly, and those taxes imposed under Section 5.18.010 shall be placed by the city treasurer in a municipal capital improvement fund. These funds shall be used by the city for capital improvements consistent with the requirements of RCW 82.46.010 (and as that section may be amended).
(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. 3549 § 4, 1996: Ord. 2666 § 4, 1982)
5.18.045 Distribution of additional excise tax.
The King County treasurer shall place one percent of the proceeds of the additional tax imposed by Section 5.18.012 of this chapter in the county current expense fund to defray costs of collection. Remaining proceeds from the additional tax imposed by Section 5.18.012 shall be distributed to the city monthly. These proceeds shall be used by the city consistent with the requirements of RCW 82.46.035 (and as that section may be amended). 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. 4315 § 2, 2011: Ord. 3549 § 3, 1996)
5.18.050 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. 2666 § 5, 1982)
5.18.060 Lien provisions.
The taxes imposed in this chapter and any interest or penalties thereon are a 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. 2666 § 6, 1982)
5.18.070 Payment and collection.
The taxes imposed in this chapter shall be paid to and collected by the treasurer of King County. The treasurer of King County shall act as agent for the city. The treasurer for King County 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 treasurer of King County for the payment of the tax imposed in this chapter shall be evidence of the satisfaction of the lien imposed in Section 5.18.060 of this chapter 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 King County recorder’s office 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 face of the instrument by the treasurer for King County. (Ord. 4491 § 11 (part), 2015; Ord. 2666 § 7, 1982)
5.18.080 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. 2666 § 8, 1982)
5.18.090 Excessive and improper payments.
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 King 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. 2666 § 9, 1982)
5.18.100 Collection and enforcement authority.
The city manager or the director of finance and administration as his or her delegate is authorized and directed to take all steps necessary and required, including the preparation and execution of any contracts or other agreements with King County, to establish the payment collection and enforcement procedures provided for in this chapter. (Ord. 4416 § 22, 2013: Ord. 3573 § 40, 1997: Ord. 2666 § 10, 1982)