Chapter 3.28
REAL ESTATE EXCISE TAX
Sections:
3.28.020 Collection – Taxable events.
3.28.030 County treasurer to collect.
3.28.040 Refund of excessive and improper payments.
3.28.050 Date payable – Penalty for late payment.
3.28.070 Enforcement – Lien provisions.
3.28.080 Consistency with state tax provisions.
3.28.090 Distribution and use of tax proceeds.
3.28.010 Imposed – Rate.
There is imposed a tax of one-half of one percent of the selling price on each sale of real property within the corporate limits of the city. The tax of one-half of one percent represents 0.25 percent of the selling price to be collected by the county as prescribed in this chapter and in RCW 82.46.010 (“REET 1”) and 0.25 percent of the selling price to be collected by the county as prescribed in this chapter and RCW 82.46.060 (“REET 2”). (Ord. 3102 § 2, 2013; Ord. 2335 § 1, 1993; Ord. 1978 § 1, 1983).
3.28.020 Collection – Taxable events.
Taxes imposed herein 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. 1978 § 2, 1983).
3.28.030 County treasurer to collect.
The taxes imposed herein shall be paid to and collected by the Jefferson 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 imposed herein shall be evidence of the satisfaction of the lien imposed in PTMC 3.28.070, 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. 1978 § 7, 1983).
3.28.040 Refund of excessive and improper payments.
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 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. 1978 § 9, 1983).
3.28.050 Date payable – Penalty for late payment.
The tax imposed hereunder shall become due and payable immediately at the time of sale and, if not so 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. 1978 § 8, 1983).
3.28.060 Seller’s obligation.
The taxes imposed herein 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. 1978 § 5, 1983).
3.28.070 Enforcement – Lien provisions.
The taxes imposed herein 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. 1978 § 6, 1983).
3.28.080 Consistency with state tax provisions.
The taxes imposed herein 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. 1978 § 3, 1983).
3.28.090 Distribution and use of tax proceeds.
A. The Jefferson County treasurer shall place one percent of the proceeds of the taxes imposed herein in the Jefferson County current expense fund to defray costs of collection.
B. The remaining proceeds from city taxes imposed herein shall be distributed to the city monthly and those taxes imposed under PTMC 3.28.010 shall be placed by the city finance director in a fund to be known as the real estate excise tax fund. These capital improvement funds shall be used by the city solely for financing capital projects as defined by RCW 82.46.010 that are specified in the city’s capital facilities plan, and including those authorized by state law.
C. This section shall not limit the existing authority of this city to impose special assessments on property benefited thereby in the manner prescribed by law. (Ord. 3102 § 2, 2013; Ord. 2333 § 1, 1992; Ord. 1978 § 4, 1983).