Chapter 3.08
LEASEHOLD EXCISE TAX
Sections:
3.08.020 Rate—Credit—Previous lease or agreement.
3.08.030 Credit—Tax imposed by city or town.
3.08.040 Administration and collection—To be in accordance with state provisions.
3.08.060 Inspection of records.
3.08.070 Administration and collection—Contract authorized.
3.08.010 Levied.
There is levied and shall be collected a leasehold excise tax, on or after July I, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within the county through a leasehold interest, as defined by Section 2, Chapter 61, Laws of 1975-76, Second Executive Session (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. 1976-02 § 1)
3.08.020 Rate—Credit—Previous lease or agreement.
The rate of the tax imposed by Section 3.08.010 shall not exceed six percent of the taxable rent; provided, that pursuant to RCW 82.29A.120 the following credits shall be allowed in determining the tax payable:
A. With respect to a leasehold interest other than a product lease, executed with an effective date of April 1, 1986, or thereafter, or a leasehold interest in respect to which the department of revenue under the authority of RCW 82.29A.020 does adjust the contract rent used for computing the tax provided for in RCW 82.29A.030, there shall be allowed a credit against the tax as otherwise computed equal to the amount, if any, that such tax exceeds the property tax that would apply to such leased property without regard to any property tax exemption under RCW 84.36.381, if it were privately owned by the lessee or if it were privately owned by any sublessee if the value of the credit inures to the sublessee. For lessees and sublessees who would qualify for a property tax exemption under RCW 84.36.381 of the property were privately owned, the tax otherwise due after this credit shall be reduced by a percentage equal to the percentage reduction in property tax that would result form the property tax exemption under RCW 84.36.381.
B. With respect to a product lease, a credit of thirty-three percent of the tax otherwise due. (Ord. 1998-02 (part); Ord. 1976-02 § 2)
3.08.030 Credit—Tax imposed by city or town.
There shall be allowed against the tax otherwise imposed by this chapter a credit for the full amount of any leasehold excise tax authorized by Section 4 of the State Act and imposed upon the same taxable event by any city or town. (Ord. 1976-02 § 3)
3.08.040 Administration and collection—To be in accordance with state provisions.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of the State Act. (Ord. 1976-02 § 4)
3.08.050 Exemption.
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 Section 3.08.010 of this chapter. (Ord. 1976-02 § 5)
3.08.060 Inspection of records.
The county consents to the inspection of such records as required by RCW 82.32.330. (Ord. 1976-02 § 6)
3.08.070 Administration and collection—Contract authorized.
The chairman of the board of county commissioners is 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 3.08.010; provided, that the prosecuting attorney shall first approve the form and content of the contract. (Ord. 1976-02 § 7)