HomeMy WebLinkAboutOrd 1400 - Real Estate Excise Tax
Cover page to Ordinance 1400
The full text of the ordinance follows this cover page.
Ordinance 1400 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
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CITY of TU K WILA
[ § WASHINGTON
JEH /ko ORDINANCE NO. 1400
08/25/86
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
IMPOSING AN EXCISE TAX ON SALE OF REAL ESTATE, PROVIDING
FOR THE COLLECTION THEREOF, LIMITING THE USE OF THE
PROCEEDS THEREFROM, AND FIXING PENALTIES FOR THE
VIOLATION THEREOF.
WHEREAS, the City has substantial unfunded Capital
Improvement needs, and
WHEREAS, the City Council desires to fund necessary Capital
Improvement Projects, and
WHEREAS, the Washington State Public Works Board requires
implementation of the one quarter percent real estate transfer tax
to be eligible for low- interest loans for Public Works needs of
local government, now, therefore,
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Imposition of Real Estate Excise Tax. 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
this City.
Section 2. Taxable Events. Taxes imposed herein shall be
collected from persons who are taxable by the state under Chapter
82.45 RCW and Chapter 458 -61 WAC upon the occurrence of any
taxable event within the corporate limits of the City.
Section 3. Consistency with State Tax. The taxes imposed
herein shall comply with all applicable rules, regulations, laws
and court decisions regarding real estate excise taxes as imposed
by the state under Chapter 82.45 RCW and Chapter 458 -61 WAC. The
provisions of those chapters to the extent they are not
inconsistent with this ordinance, shall apply as though fully set
forth herein.
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Section 4. Distribution of Tax Proceeds and Limiting the Use
Thereof.
1. The County Treasurer shall place one percent of the
proceeds of the taxes imposed herein in the county current expense
fund to defray costs of collection.
2. The remaining proceeds from City taxes imposed herein
shall be distributed to the City on a monthly basis, and shall be
placed by the Finance Director in the Land Acquisition, Building
and Development Fund (301) for use in buying open space in
conjunction with parks or other capital projects.
3. This Section shall not limit the existing authority of
this City to impose special assessments on property benefited
thereby in the manner prescribed by law.
4. The City Council shall review the distribution of the
tax proceeds three years from the date of the passage of this
ordinance.
Section 5. Seller's Obligation. The taxes imposed herein
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.
Section 6. Lien Provisions. The taxes imposed herein and
any interest or penalties thereon are the 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.
Section 7. Notation of Payment. The taxes imposed herein
shall be paid to and collected by the Treasurer of the county
within which is located the real property which was sold. The
County Treasurer shall act as agent for the City within the County
imposing the tax. 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 Section 6 of this Ordinance and may be
recorded in the manner prescribed for recording satisfactions or
mortgages. No instrument of sale or conveyance evidencing a sale
subject to the tax may be accepted by the County Recorder 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 is made on
the instrument by the County Treasurer.
Section 8. Date Payable. The tax imposed hereunder 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.
Section 9. Excessive and Improper Payments. 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 has 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.
Section 10. Severability. If any section, sentence, clause
or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
Section 11. Effective Date. This ordinance shall be in full
force and effect on 5e0te_m hp /2. 1986, which is more than five
days after its passage and publication as required by law. This
ordinance shall be subject to referendum procedure set forth in
RCW 82.46.021. Pursuant to that section, the City Clerk is hereby
designated as the filing officer for the referendum petition.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a regular meeting thereof this day of
d 1986
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ATTEST /AUTHENTICATED:
Atce
/C1 1"Y CLERK, MAXINE ANDERSON
APPROVED AS TO FORM:
OFFICE OF THE CITY TTORNEY
FILED WITH THE CITY C E d.: 2 8
PASSED BY THE CITY CO CIL: ?-_,2-,96
PUBLISHED: ?-1
EFFECTIVE DATE: 7-.43 -S'‘
ORDINANCE NO. igloo
APPROVED: Pursuant to RCW 35A.12.130, Mayor
Van Dusen has elected not to approve this
ordinance; therefore, the ordinance will become
effective five days after the date of publication.
Gary L. Van Dusen, Mayor
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