Chapter 3.79
REAL ESTATE EXCISE TAX
Sections:
3.79.010 Real estate excise tax imposed.
3.79.030 Consistency with state tax.
3.79.040 Distribution of tax proceeds and limiting the use thereof.
3.79.090 Excessive and improper payment.
3.79.010 Real estate excise tax imposed.
1. Commencing December 31st, there is hereby imposed a tax of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of the city of Yakima.
2. Commencing January 1, 2004, and in accordance with RCW 82.46.035, and in addition to the excise tax on the sale of real property imposed by subsection 1 of this section, there is hereby imposed an excise tax at the rate of one-quarter of one percent of the selling price on each sale of real property located within the corporate limits of the city of Yakima. (Ord. 2003-65 § 1, 2003: Ord. 2921 § 1 (part), 1985).
3.79.020 Taxable events.
The tax imposed by this chapter shall be collected from persons who are taxable by the state under RCW Chapter 82.45 upon the occurrence of any taxable event within the city of Yakima. (Ord. 2921 § 1 (part), 1985).
3.79.030 Consistency with state tax.
The taxes imposed by this chapter shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under RCW Chapter 82.45 and RCW Chapter 82.46, all of which shall apply as though fully set forth herein to the extent that they are not inconsistent with this chapter. (Ord. 2003-65 § 2, 2003: Ord. 2921 § 1 (part), 1985).
3.79.040 Distribution of tax proceeds and limiting the use thereof.
The Yakima County treasurer shall place one percent of the proceeds of the taxes imposed by this chapter in the county current expense fund to defray costs of collection. The remaining proceeds from the taxes imposed by YMC 3.79.010(1) shall be distributed to the city monthly and shall be placed in a separate account within a city fund for capital improvements and expended therefrom in accordance with RCW 82.46.010. The remaining proceeds from the taxes imposed by YMC 3.79.010(2) shall be distributed to the city monthly and shall be placed in a separate account within a city fund for capital improvements and, in accordance with RCW 82.46.035, shall be used and expended for financing capital projects specified in the city’s capital facilities plan element of the comprehensive plan. This section shall not limit the existing authority of the city to impose special assessments on property benefited thereby in the manner prescribed by law. (Ord. 2003-65 § 3, 2003: Ord. 2921 § 1 (part), 1985).
3.79.050 Seller’s obligation.
The taxes imposed by this chapter are the obligation of the seller and may be enforced through the action of debt against the seller or in the manner prescribed for the foreclosure of mortgages. (Ord. 2921 § 1 (part), 1985).
3.79.060 Lien provisions.
The taxes imposed by this chapter and any interest or penalties thereon constitute 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. 2921 § 1 (part), 1985).
3.79.070 Notation of payment.
The taxes imposed by this chapter shall be paid to and collected by the Yakima County treasurer, who shall act as agent for the city of Yakima for such purposes. The Yakima 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 affidavit in the case of used mobile home sales. A receipt issued by the Yakima County treasurer for the payment of the tax imposed by this chapter shall be evidence of the satisfaction of the lien imposed in YMC 3.79.060 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 Yakima 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 Yakima County treasurer. (Ord. 2921 § 1 (part), 1985).
3.79.080 Date payable.
The tax imposed by this chapter shall become due and payable immediately at the time of sale and, if not so paid within thirty days thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment. (Ord. 2921 § 1 (part), 1985).
3.79.090 Excessive and improper payment.
If, upon written application by a taxpayer to the Yakima 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 Yakima County treasurer to the taxpayer; provided, that no refund shall be made unless the state has first authorized the refund of an excess 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. 2921 § 1 (part), 1985).
3.79.100 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 2921 § 1 (part), 1985).