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SUBJECTS › FINANCE › Sample Real Estate Excise Tax Ordinance
Sample Real Estate Excise Tax Ordinance

Sample Real Estate Excise Tax Ordinance

MRSC

Ordinance No._____

First Quarter Percent of the Real Estate Excise Tax for all Cities and Towns that are Planning Under the Growth Management Act and Have a Population of More Than 5,000.

AN ORDINANCE IMPOSING AN EXCISE TAX ON THE SALE OF REAL ESTATE, PROVIDING FOR THE COLLECTION THEREOF, LIMITING THE USE OF THE PROCEEDS THEREFROM, AND FIXING PENALTIES FOR THE VIOLATION THEREOF.

THE CITY COUNCIL OF THE CITY OF DO ORDAIN AS FOLLOWS:(*)

SECTION 1. Imposition of real estate excise tax. There is hereby imposed a tax of one-quarter of one percent (0.25%) 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.

*This enactment clause is for code cities. Other classes should use the ones appropriate for them.

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 monthly and those taxes imposed under Section 1 shall be placed by the city treasurer in a municipal capital improvements fund. These capital improvements funds shall be used by the city solely for financing capital projects as defined by RCW 82.46.010(6) that are specified in a capital facilities plan element of a comprehensive plan and housing relocation assistance under RCW 59.18.440 and 59.18.450.

  3. This section shall not limit the existing authority of this city to impose special assessments on property specially 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.

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 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 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 provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.

SECTION 11. Effective date. This ordinance shall take effect days after its passage, approval and publication.

PASSED by the City Council at the City of , at a regular meeting thereof this _____ day of _____, 199_.

Approved as to form:

___________________
City Attorney

Attest:

___________________
City Clerk