Chapter 5.20
EXCISE TAX ON REAL ESTATE SALES
Sections:
5.20.010 Imposition of real estate excise tax and rate.
5.20.015 Additional real estate excise tax.
5.20.020 County to collect – Distribution of proceeds.
5.20.030 Tax is obligation of the seller.
5.20.040 Tax lien on real property.
5.20.050 Duties of county treasurer.
5.20.010 Imposition of real estate excise tax and rate.
There is imposed an excise tax of one-fourth of one percent of the selling price on each sale of real property within the corporate limits of the city and constituting a taxable event as defined in Chapter 82.45 RCW. The taxes imposed under this chapter shall be collected from persons who are taxable by the state under Chapters 82.45 and 82.46 RCW, and such tax shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under Chapter 82.42 RCW. [Ord. 12-90 § 1, 1990].
5.20.015 Additional real estate excise tax.
In accordance with RCW 82.46.035, and in addition to the excise tax on the sale of real property imposed by WRMC 5.20.010, there is hereby imposed an excise tax on each sale of real property located within the corporate limits of the city of West Richland at the rate of one-fourth of one percent of the selling price to be collected by the county as prescribed in RCW 82.46.060. Proceeds from this additional tax shall be deposited in a separate account in the capital improvements fund – real estate excise tax created by WRMC 3.66.035 and expended as authorized by law under RCW 82.46.035. [Ord. 5-13 § 1, 2013; Ord. 30-97 § 1, 1997].
5.20.020 County to collect – Distribution of proceeds.
A. The Benton County treasurer shall place one percent of the proceeds of the tax imposed herein in the current expense fund of the county to defray the cost of collection.
B. The remaining proceeds from the city taxes imposed in this chapter shall be distributed to the city monthly, and that tax so paid shall be deposited by the city finance director in the capital improvement fund – real estate excise tax. One-half of the tax so deposited shall be placed in the fund created by WRMC 3.66.035 and used in accordance with the provisions of that section. The remaining one-half of the tax so deposited shall be placed in the fund created by WRMC 3.66.035 and used in accordance with the provisions of that section.
C. This chapter shall not limit the existing authority of the city to impose special assessments on property benefited thereby in the manner prescribed by law. [Ord. 30-97 § 2, 1997; Ord. 12-90 § 1, 1990].
5.20.030 Tax is obligation of the seller.
The taxes imposed herein are the obligation of the seller and may be enforced through an action for debt against the seller or in the manner prescribed for the foreclosure of mortgages. [Ord. 12-90 § 1, 1990].
5.20.040 Tax lien on real property.
The taxes imposed herein and any interest or penalties thereon are a 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. 12-90 § 1, 1990].
5.20.050 Duties of county treasurer.
The taxes imposed herein shall be paid to and collected by the treasurer for Benton County. 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 WRMC 5.20.040, 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. 12-90 § 1, 1990].
5.20.060 Payment due.
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. 12-90 § 1, 1990].
5.20.070 Refunds.
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 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 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. 12-90 § 1, 1990].