Chapter 3.24
LEASEHOLD EXCISE TAX
Sections:
3.24.030 Administration and collection.
3.24.050 Inspection of records.
3.24.060 Contract with Department of Revenue.
3.24.010 Levy and collection.
There is levied and shall be collected a leasehold excise tax on and after January 1, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within the cities of Poulsbo and Winslow, respectively, through a “leasehold interest” as defined by Section 2, Chapter 61, Laws of 1975—1976, Second Extraordinary Session (hereafter, “the state act”). The tax shall be paid, collected and remitted to the Department of Revenue of the state of Washington at the time and in the manner prescribed by Section 5 of the state act. (Ord. 76-9 § 1, 1976)
3.24.020 Rate and credits.
The rate of the tax imposed by Section 3.24.010 is four percent of the taxable rent (as defined by Section 2 of the state act); provided, that the following credits are 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 the 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 January 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. (Ord. 76-9 § 2, 1976)
3.24.030 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. (Ord. 76-9 § 3, 1976)
3.24.040 Exemptions.
Leasehold interests exempted by Section 13 of the state act as it now exists or may hereafter be amended are exempt from the tax imposed pursuant to Section 3.24.010. (Ord. 76-9 § 4, 1976)
3.24.050 Inspection of records.
The cities of Poulsbo and Winslow consent to the inspection of such records as are necessary to qualify each city respectively for inspection of records of the Department of Revenue pursuant to RCW 82.32.330. (Ord. 76-9 § 5, 1976)
3.24.060 Contract with Department of Revenue.
The mayor of Poulsbo and the mayor of Winslow are each authorized to execute a contract with the Department of Revenue of the state of Washington for the administration and collection of the tax imposed by Section 3.24.010; provided, that the city attorney first approves the form and content of the contract. (Ord. 76-9 § 6, 1976)
3.24.070 Violation—Penalty.
Any person who wilfully violates any of the provisions of this Act shall be deemed guilty of a misdemeanor and may be punished by imposition of a fine of not more than five hundred dollars or imprisonment for not more than six months, or both such fine and imprisonment. (Ord. 76-9 § 8, 1976)