HomeMy WebLinkAboutOrd 1855 - Real Estate Sales Excise Tax v.1ILA,
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Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, IMPOSING AN
ADDITIONAL ONE QUARTER PERCENT EXCISE TAX
ON SALE OF REAL ESTATE; PROVIDING FOR THE
COLLECTION THEREOF; CAPITAL NEEDS USE;
FIXING PENALTIES FOR THE VIOLATION THEREOF;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City requires additional funding to meet its capital requirements; and
WHEREAS, the City has need for additional arterial street improvements and other capital needs as set
out in the City's Comprehensive Plan; and
WHEREAS, the City desires to implement an additional one quarter percent excise tax on sale of real
estate as provided by RCW 82.46.035;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Imposition of an additional 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, pursuant to RCW 82.46.035.
Section 2. Taxable events. Taxes imposed herein shall be collected from persons who are taxable
by the state under Chapter 82.45 RCW 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. The provisions of this chapter, to the extent it is not inconsistent with this ordinance,
shall apply as though fully set forth herein.
Section 4. Distribution of tax proceeds and limiting the use thereof.
A. 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.
B. 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 appropriate capital or debt service fund
which meets the City's existing capital needs.
C. 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.
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.
EXCISETX.DOC 10129198 1
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, subsection, paragraph, sentence, clause or phrase of this
ordinance or its application to any person or situation should be held to be invalid or unconstitutional for
any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this ordinance or its application to any other
person or situation.
Section 11. Effective Date. This ordinance or a summary thereof shall be published in the official
newspaper of the City, and shall take effect and be in full force and effect on December 1, 1998, which is
more than five (5) days after passage and publication as provided by law.
PASSED BY THE CITL COUNCIL OF TH CITY OF TU�, WASHINGTON, at a Regular
Meeting thereof this day of 1998.
ATTEST /AUTHENTICATED:
E. Cantu, City Clerk
APPROVED AS
By
Offi(e of th City Att
FILED WITH THE CITY CLERK: 9
PASSED BY THE I COUNCIL: /91
PUBLISHED: 6 7
EFFECTIVE DA E: i /i/9 d
ORDINANCE NO.:
Johp(W. Rants, Mayor
EXCISETX.DOC 10/29/98 2
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. igb
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, IMPOSING AN
ADDITIONAL ONE QUARTER PERCENT EXCISE
TAX ON SALE OF REAL ESTATE; PROVIDING FOR
THE COLLECTION THEREOF; CAPITAL NEEDS
USE; FIXING PENALTIES FOR THE VIOLATION
THEREOF; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
On 2, /7 k City Council of the City of Tukwila passed
Ordinance No. /5 imposing an additional one quarter percent excise tax on
sale of real estate within the corporate limits of this City, pursuant to RCW 82.46.035;
providing for the collection thereof; capital needs use; fixing penalties for the violation
thereof; providing for severability and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
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APPROVED by the City Council at its meeting of 9 r
Qv6ia.
Cantu, City Clerk
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Published Seattle Times: to Wi