(1) In computing tax
there may be deducted from the measure of tax by those engaged in
banking, loan, security or other financial businesses, interest
received on investments or loans primarily secured by first
mortgages or trust deeds on nontransient residential properties.
(2) Interest deductible under this section includes the
portion of fees charged to borrowers, including points and loan
origination fees, that is recognized over the life of the loan as
an adjustment to yield in the taxpayer's books and records
according to generally accepted accounting principles.
(3) Subsections (1) and (2) of this section notwithstanding,
the following is a nonexclusive list of items that are not
deductible under this section:
(a) Fees for specific services such as: Document
preparation fees; finder fees; brokerage fees; title examination
fees; fees for credit checks; notary fees; loan application fees;
interest lock-in fees if the loan is not made; servicing fees;
and similar fees or amounts;
(b) Fees received in consideration for an agreement to make
funds available for a specific period of time at specified terms,
commonly referred to as commitment fees;
(c) Any other fees, or portion of a fee, that is not
recognized over the life of the loan as an adjustment to yield in
the taxpayer's books and records according to generally accepted
accounting principles;
(d) Gains on the sale of valuable rights such as service
release premiums, which are amounts received when servicing
rights are sold; and
(e) Gains on the sale of loans, except deferred loan
origination fees and points deductible under subsection (2) of
this section, are not to be considered part of the proceeds of
sale of the loan.
(4) Notwithstanding subsection (3) of this section, in
computing tax there may be deducted from the measure of tax by
those engaged in banking, loan, security, or other financial
businesses, amounts received for servicing loans primarily
secured by first mortgages or trust deeds on nontransient
residential properties, including such loans that secure
mortgage-backed or mortgage-related securities, but only if:
(a)(i) The loans were originated by the person claiming a
deduction under this subsection (4) and that person either sold
the loans on the secondary market or securitized the loans and
sold the securities on the secondary market; or
(ii)(A) The person claiming a deduction under this
subsection (4) acquired the loans from the person that originated
the loans through a merger or acquisition of substantially all of
the assets of the person who originated the loans, or the person
claiming a deduction under this subsection (4) is affiliated with
the person that originated the loans. For purposes of this
subsection, "affiliated" means under common control. "Control"
means the possession, directly or indirectly, of more than fifty
percent of the power to direct or cause the direction of the
management and policies of a person, whether through the
ownership of voting shares, by contract, or otherwise; and
(B) Either the person who originated the loans or the person
claiming a deduction under this subsection (4) sold the loans on
the secondary market or securitized the loans and sold the
securities on the secondary market; and
(b) The amounts received for servicing the loans are
determined by a percentage of the interest paid by the borrower
and are only received if the borrower makes interest payments.
[2010 1st sp.s. c 23 § 301; 1980 c 37 § 12. Formerly RCW 82.04.430(11).]
NOTES:
Effective date -- 2010 1st sp.s. c 23: "Parts III and XIII and sections 101 through 106, 108 through 112, 501 through 503, 505, 507, 510 through 514, 516 through 519, 901, 903 through 911, and 1201 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 1, 2010." [2010 1st sp.s. c 23 § 1709.]
Findings -- Intent -- 2010 1st sp.s. c 23: See notes following RCW 82.04.220.
Intent -- 1980 c 37: See note following RCW 82.04.4281.