Chapter 3.28
LEASEHOLD EXCISE TAX
Sections:
3.28.030 Administration – Collection.
3.28.050 Inspection of records.
3.28.060 Execution of contract – Approval.
3.28.070 Violation declared misdemeanor.
3.28.010 Imposed.
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 city, through a leasehold interest as defined by RCW 82.29A.020, referred to in this chapter as the state act. The tax shall be paid, collected, and remitted to the Department of Revenue of the state at the time and in the manner described by RCW 82.29A.050. (Ord. 506 § 1, 1976)
3.28.020 Rate.
The rate of the tax imposed by WMC 3.28.010 shall be four percent of the taxable rent, as defined by RCW 82.29A.020; provided, that the following credit shall be allowed in determining the tax payable:
(1) 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 RCW 82.29A.020, since that date, and excluding from such credit any leasehold interest arising out of any lease of property covered by the provisions of RCW 28B.20.394 and 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 80 percent of the tax produced by the rate imposed in WMC 3.28.010;
(B) With respect to taxes due in calendar year 1977, a credit equal to 60 percent of the tax produced by the rate imposed in WMC 3.28.010;
(C) With respect to taxes due in calendar year 1978, a credit equal to 40 percent of the tax produced by the rate imposed in WMC 3.28.010;
(D) With respect to taxes due in calendar year 1979, a credit equal to 20 percent of the tax produced by the rate imposed in WMC 3.28.010.
(2) With respect to a product lease, as defined by RCW 82.29A.020, a credit of 33 percent of the tax produced by the rate imposed in WMC 3.28.010. (Ord. 506 § 2, 1976)
3.28.030 Administration – Collection.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of the state act. (Ord. 506 § 3, 1976)
3.28.040 Exemptions.
Leasehold interest exempted by RCW 82.29A.130 as it now exists or may hereafter be amended shall be exempt from the tax imposed pursuant to WMC 3.28.010. (Ord. 506 § 4, 1976)
3.28.050 Inspection of records.
The city consents to the inspection of such records as are necessary to qualify the city for inspection of records of the Department of Revenue pursuant to RCW 82.32.330. (Ord. 506 § 5, 1976)
3.28.060 Execution of contract – Approval.
The mayor and the city clerk of the city are authorized to execute a contract with the Department of Revenue of the state for the administration and collection of the tax imposed by WMC 3.28.010; provided, that the city attorney shall first approve the form and content of the contract. (Ord. 506 § 6, 1976)
3.28.070 Violation declared misdemeanor.
Failure to pay the tax as imposed by this chapter is a misdemeanor. (Ord. 506 § 8, 1976)