Title 3 REVENUE AND FINANCE
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).
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