Chapter 4.16
LEASEHOLD EXCISE TAX

Sections:

4.16.010    Imposition of leasehold tax.

4.16.020    Rate.

4.16.030    Administration and collection.

4.16.040    Exemptions.

4.16.050    Inspection.

4.16.060    Contract for collection.

4.16.070    Effect of invalidation.

4.16.010 Imposition of leasehold tax.

There is hereby levied and shall be collected a leasehold excise tax on and after January 1, 1984, upon the act or privilege of occupying or using publicly owned real or personal property within the city of Rock Island through a “leasehold interest” as defined by RCW 82.29A.020, as now exists or as may be hereafter amended (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.

4.16.020 Rate.

The rate of the tax imposed by RIMC 4.16.010 shall be four percent of the taxable rent (as defined by Section 2 of the state act); provided, that the following credits shall be 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 such lease or agreement has not been renegotiated (as defined by Section 2 of the state act) since that date, and excluding from such credit any lease or agreement including options to renew which extends beyond January 1, 1985, as follows:

1. With respect to taxes due in calendar year 1976, a credit equal to 80 percent of the tax produced by the above rate;

2. With respect to taxes due in calendar year 1977, a credit equal to 60 percent of the tax produced by the above rate;

3. With respect to taxes due in calendar year 1978, a credit equal to 40 percent of the tax produced by the above rate; and

4. With respect to taxes due in calendar year 1979, a credit equal to 20 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 33 percent of the tax produced by the above rate.

4.16.030 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.

4.16.040 Exemptions.

Leasehold interests exempted by Section 13 of the state act as it now exists or may hereafter be amended shall be exempt from the tax imposed pursuant to RIMC 4.16.010.

4.16.050 Inspection.

The city of Rock Island hereby consents to the inspection of such records as are necessary to qualify the city of Rock Island for inspection of records of the Department of Revenue pursuant to RCW 82.32.330.

4.16.060 Contract for collection.

The mayor is authorized to execute a contract with Department of Revenue of the state of Washington for the administration and collection of the tax imposed by RIMC 4.16.010; provided, that the city attorney shall first approve the form and content of said contract.

4.16.070 Effect of invalidation.

If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.