Chapter 3.40 EXCISE TAX ON REAL ESTATE SALES

3.40.010 Imposed.

3.40.020 Applicability.

3.40.030 Compliance with state rules and regulations--Required.

3.40.040 Administration--Collection.

3.40.050 Distribution of proceeds.

3.40.060 Tax--When due and payable.

3.40.070 Refunds.

3.40.010 Imposed.

There is imposed on each sale of real property within the corporate limits of the city an excise tax at the rate of one-quarter of one percent of the selling price. (Ord. 723 § 2, 1985).

3.40.020 Applicability.

Taxes imposed under this chapter shall be collected from persons who are taxable by the state under RCW Chapter 82.45 upon the occurrence of any taxable event within the corporate limits of the city. (Ord. 723 § 3, 1985).

3.40.030 Compliance with state rules and regulations--Required.

Taxes imposed under this chapter shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under RCW Chapter 82.45 and WAC Chapter 458.61. The provisions of those chapters, to the extent they are not inconsistent with this chapter, shall apply as though fully set forth in this chapter. (Ord. 723 § 4, 1985).

3.40.040 Administration--Collection.

For any sale of real property within the corporate limits of the city, the following shall apply:
A. The tax imposed under this chapter shall be paid to and collected by the Cowlitz County treasurer. The Cowlitz County treasurer shall act as agent for the city. The Cowlitz County treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to the recording thereof or to the real estate excise tax affidavit in the case of used mobile home sales. A receipt issued by the Cowlitz County treasurer for the payment of the tax imposed under this chapter shall be evidence of satisfaction of the lien imposed by this chapter and may be recorded in the manner prescribed for recording satisfactions of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax imposed under this chapter may be accepted by the Cowlitz County auditor for filing or recording until the tax is paid and the stamp affixed thereto; and, in any case where the tax imposed under this chapter 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 Cowlitz County treasurer.
B. The Cowlitz County treasurer shall place one percent of the proceeds of the tax imposed under this chapter in the Cowlitz County current expense fund to defray costs of collection. (Ord. 723 § 5, 1985).

3.40.050 Distribution of proceeds.

The remaining proceeds from the tax imposed under this chapter shall be distributed to the city monthly and shall be placed by the city clerk-treasurer in a capital improvements fund hereby established. The capital improvements fund shall be used by the city for local improvements, including those listed in RCW 35.43.040. Said fund shall be a cumulative reserve fund and shall not lapse from year to year.
This section shall not limit the existing authority of the city to impose special assessments on property benefited thereby in the manner prescribed by law. (Ord. 723 § 6, 1985).

3.40.060 Tax--When due and payable.

The tax imposed under this chapter shall become due and payable immediately at the time of sale and, if not 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. (Ord. 723 § 7, 1985).

3.40.070 Refunds.

If, upon written application by the 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 miscalculation. Any refund made shall be withheld from the next monthly distribution to the city. (Ord. 723 § 8, 1985).