Chapter 3.11
REAL ESTATE EXCISE TAX
Sections:
3.11.010 Imposition of real estate tax.
3.11.020 Consistency with state tax.
3.11.030 Creation of fund and identifying fund number.
3.11.050 Distribution of tax proceeds and limited uses.
3.11.100 Excessive and improper payments.
3.11.010 Imposition of real estate tax.
There is hereby 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 of Newport, Washington, as provided for under RCW 82.46.010(2).
Further, there is hereby imposed an additional tax of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of the city of Newport, Washington, as provided for under RCW 82.46.010(3). (Ord. 961 § 1, 2002; Ord. 697 § 1, 1989)
3.11.020 Consistency with state tax.
The taxes imposed in this chapter shall comply with all applicable rules, regulations, law 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 provision of those chapters to the extent they are not inconsistent with this chapter, shall apply as though fully set forth in this section. (Ord. 697 § 3, 1989)
3.11.030 Creation of fund and identifying fund number.
There is created a fund of the city, fund No. 103, entitled the real estate excise tax fund. Fund No. 303 is hereby closed. (Ord. 1088 § 1, 2012; Ord. 697 § 4, 1989)
3.11.040 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 458-61 WAC, upon the occurrence of any taxable event within the corporate limits of the city. (Ord. 697 § 2, 1989)
3.11.050 Distribution of tax proceeds and limited uses.
The county treasurer shall place one percent of the proceeds of the taxes imposed in this chapter in the county current expense fund to defray costs of collection. The remaining proceeds from city taxes imposed in this chapter shall be distributed to the city monthly and those taxes imposed under NMC 3.11.010 shall be placed by the city clerk/treasurer into the real estate excise fund No. 103. These real estate excise tax funds shall be expended by the city for local improvements including those listed in RCW 35.43.040. This section shall not limit the authority of the city to impose special assessments on properties benefited thereby in the manner prescribed by law. (Ord. 1088 § 1, 2012; Ord. 697 § 5, 1989)
3.11.060 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. 697 § 6, 1989)
3.11.070 Lien provisions.
The taxes imposed in this chapter and any interest or penalties thereon are the 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. 697 § 7, 1989)
3.11.080 Notation of payment.
The taxes imposed in this chapter shall be paid to and collected by the treasurer of the county within which is located the real property which is sold. The county treasurer shall act as agent for the city within the county imposing the tax. 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 imposed in NMC 3.11.070 shall be evidence of the satisfaction of the lien imposed in NMC 3.11.070 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 county auditor 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 instrument by the county treasurer. (Ord. 697 § 8, 1989)
3.11.090 Date payable.
The tax imposed under this chapter shall become due and payable immediately at the time of sale and, if not paid within 30 days thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment. (Ord. 697 § 9, 1989)
3.11.100 Excessive and improper payments.
If, upon written application by a taxpayer to the county treasurer for a refund, it appears a tax has been paid in excess of the amount actually due or 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; 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. 697 § 10, 1989)