WAC 458-61A-305   Trade-in credit.  (1) Introduction. When a single-family residential property is transferred as either partial or entire consideration for the purchase of another single-family residential property, a credit for the amount of the real estate excise tax paid at the time of the first transfer is allowed toward the amount of the real estate excise tax due upon the later transfer of the same property.

     (2) Refund not available. The later transfer must be made within nine months of the original transfer for the credit to be allowed. If the tax that would be due on the later transfer is greater than the tax paid for the first transfer, the difference must be paid. However, if the tax paid on the first transfer is greater than that due on the second transfer, no refund of tax paid will be allowed.

     (3) The trade-in credit is allowed toward the later sale of the residence "brought in" on trade, not toward the tax liability of the sale of the residence for which it was traded. The affidavit upon which the trade-in credit is claimed must show all of the following:

     (a) The transaction date and prior affidavit number where the tax was paid on the original (trade-in) transaction;

     (b) The county auditor's recorded document number for the original transaction, if such was recorded; and

     (c) The disclosure that both properties involved in the original trade-in transaction are single-family dwellings.

     For example, Bob is selling real property in Sun City. Alex wants to buy Bob's property, but he needs to sell his property in Smokey Hollow. Both the Sun City property and the Smokey Hollow property are single-family residential properties. Bob agrees to buy Alex's Smokey Hollow property for $175,500 and Alex agrees to buy Bob's Sun City property for $210,000. Real estate excise tax is paid on the full sales price of both properties. Three months later, Bob sells the Smokey Hollow property to Sally for $180,000. Bob receives a credit on the sale to Sally for the tax paid on the previous sale of the Smokey Hollow property.



[Statutory Authority: RCW 82.32.300, 82.01.060(2), and82.45.150 . 05-23-093, § 458-61A-305, filed 11/16/05, effective 12/17/05.]