As used in RCW 84.36.381 through 84.36.389, except where the context clearly
indicates a different meaning:
(1) The term "residence" means a single family dwelling unit
whether such unit be separate or part of a multiunit dwelling,
including the land on which such dwelling stands not to exceed
one acre, except that a residence includes any additional
property up to a total of five acres that comprises the
residential parcel if this larger parcel size is required under
land use regulations. The term shall also include a share
ownership in a cooperative housing association, corporation, or
partnership if the person claiming exemption can establish that
his or her share represents the specific unit or portion of such
structure in which he or she resides. The term shall also
include a single family dwelling situated upon lands the fee of
which is vested in the United States or any instrumentality
thereof including an Indian tribe or in the state of Washington,
and notwithstanding the provisions of RCW 84.04.080 and 84.04.090, such a residence shall be deemed real property.
(2) The term "real property" shall also include a mobile
home which has substantially lost its identity as a mobile unit
by virtue of its being fixed in location upon land owned or
leased by the owner of the mobile home and placed on a foundation
(posts or blocks) with fixed pipe, connections with sewer, water,
or other utilities. A mobile home located on land leased by the
owner of the mobile home is subject, for tax billing, payment,
and collection purposes, only to the personal property provisions
of chapter 84.56 RCW and RCW 84.60.040.
(3) "Department" means the state department of revenue.
(4) "Combined disposable income" means the disposable income
of the person claiming the exemption, plus the disposable income
of his or her spouse, and the disposable income of each cotenant
occupying the residence for the assessment year, less amounts
paid by the person claiming the exemption or his or her spouse
during the assessment year for:
(a) Drugs supplied by prescription of a medical practitioner
authorized by the laws of this state or another jurisdiction to
issue prescriptions;
(b) The treatment or care of either person received in the
home or in a nursing home, boarding home, or adult family home;
and
(c) Health care insurance premiums for medicare under Title
XVIII of the social security act.
(5) "Disposable income" means adjusted gross income as
defined in the federal internal revenue code, as amended prior to
January 1, 1989, or such subsequent date as the director may
provide by rule consistent with the purpose of this section, plus
all of the following items to the extent they are not included in
or have been deducted from adjusted gross income:
(a) Capital gains, other than gain excluded from income
under section 121 of the federal internal revenue code to the
extent it is reinvested in a new principal residence;
(b) Amounts deducted for loss;
(c) Amounts deducted for depreciation;
(d) Pension and annuity receipts;
(e) Military pay and benefits other than attendant-care and
medical-aid payments;
(f) Veterans benefits other than attendant-care and
medical-aid payments;
(g) Federal social security act and railroad retirement
benefits;
(h) Dividend receipts; and
(i) Interest received on state and municipal bonds.
(6) "Cotenant" means a person who resides with the person
claiming the exemption and who has an ownership interest in the
residence.
(7) "Disability" has the same meaning as provided in 42
U.S.C. Sec. 423(d)(1)(A) as amended prior to January 1, 2004, or
such subsequent date as the director may provide by rule
consistent with the purpose of this section.
[2006 c 62 § 1; 2004 c 270 § 2; 1999 c 358 § 18; 1995 1st sp.s. c 8 § 2; 1994 sp.s. c 8 § 2; 1991 c 213 § 4; 1991 c 219 § 1; 1989 c 379 § 6; 1987 c 155 § 2; 1985 c 395 § 3; 1983 1st ex.s. c 11 § 4; 1980 c 185 § 5; 1979 ex.s. c 214 § 2; 1975 1st ex.s. c 291 § 15; 1974 ex.s. c 182 § 2.]
NOTES:
Application -- 2006 c 62: "This act applies to taxes levied for collection in 2007 and thereafter." [2006 c 62 § 4.]
Effective date -- 1999 c 358 §§ 1 and 3-21: See note following RCW 82.04.3651.
Effective date of 1994 sp.s. c 8 -- Applicability -- 1995 1st sp.s. c 8: See note following RCW 84.36.381.
Application -- Severability -- Effective date -- 1995 1st sp.s. c 8: See notes following RCW 84.36.381.
Applicability -- 1991 c 219: "This act is effective for taxes levied for collection in 1992 and thereafter." [1991 c 219 § 2.]
Applicability -- 1991 c 213: See note following RCW 84.38.020.
Severability -- Effective date -- 1989 c 379: See notes following RCW 84.36.040.
Intent -- Applicability -- Effective dates -- 1983 1st ex.s. c 11:See notes following RCW 84.36.381.
Applicability -- 1980 c 185: See note following RCW 84.36.379.
Applicability -- 1979 ex.s. c 214: See note following RCW 84.36.381.
Effective dates -- Severability -- 1975 1st ex.s. c 291: See notes following RCW 82.04.050.