Chapter 3.24
LEASEHOLD EXCISE TAX
Sections:
3.24.020 Rate established – Allowable credits.
3.24.030 Credit for tax imposed by city or town.
3.24.040 Administration and collection.
3.24.060 Consent to inspection of records.
3.24.070 Execution of contract with state.
3.24.010 Levied.
There is levied and shall be collected a leasehold excise tax on and after June 1, 1976 upon the act or privilege of occupying or using publicly owned real or personal property within the county of Whatcom through a leasehold interest as defined by Section 2, Chapter 61, Laws of 1975-76, Second Extraordinary Session (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 of Washington at the time and in the manner prescribed by Section 5 of the state act. (Ord. dated 4/12/76 § 1; prior code § 4.54.010).
3.24.020 Rate established – Allowable credits.
The rate of the tax imposed by WCC 3.24.010 shall be six 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,
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. (Ord. dated 4/12/76 § 2; prior code § 4.54.020).
3.24.030 Credit for 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. dated 4/12/76 § 3; prior code § 4.54.030).
3.24.040 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. dated 4/12/76 § 4; prior code § 4.54.040).
3.24.050 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 WCC 3.24.010. (Ord. dated 4/12/76 § 5; prior code § 4.54.050).
3.24.060 Consent to inspection of records.
The county consents to the inspection of such records as are necessary to qualify the county for inspection of records of the Department of Revenue pursuant to RCW 82.32.330. (Ord. dated 4/12/76 § 6; prior code § 4.54.060).
3.24.070 Execution of contract with state.
The treasurer of Whatcom County 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 WCC 3.24.010; provided, that the prosecuting attorney shall first approve the form and content of said contract. (Ord. dated 4/12/76 § 7; prior code § 4.54.070).