325 Real Estate Excise TaxORDINANCE NO. 325
AN ORDINANCE imposing an excise tax on real estate sales and
used mobile home sales within the Town of Yelm; setting the tax
rate applicable to such transactions, and providing for the collec-
tion and enforcement thereof; the same to be codified in Title 3
of the Yelm Municipal Code, and to comprise a new Chapter thereof.
BE IT ORDAINED and established by the Town Council of the Town of
Yelm, Washington as follows:
SECTION ONE.
Imposition - Rate. There is imposed a tax of one-
quarter of one percent of the selling price on each sale of real
property within the corporate limits of the city.
SECTION TWO. Taxable Events. Taxes imposed herein shall be col-
lected from persons who are taxable by the State under Chapter 82.45
RCW and WAC 458 -61, as now or hereafter amended, upon the occur-
rence of any taxable event within the corporate limits of the Town.
SECTION THREE.
Consistency With State Tax, Statutes. The taxes
imposed herein shall comply with all applicable rules, reaulations,
laws and court decisions regarding real estate excise taxes as im-
posed by the State under RCW Chapter 82.45 and WAC 458 -61. The
provisions of those chapters, to the extent they are not inconsis-
tent with this Chapter, are incorporated by reference and shall
apply as though .fully set forth herein.
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(A) The County Treasurer shall place one percent (1 %) of the
proceeds of the taxes imposed herein and actually collected in the
county current expense fund to defray costs of collection.
(B) The remaining proceeds from town taxes imposed herein
shall be distributed to the town monthly, and those taxes imposed
under Section One hereof shall be placed by the Town Clerk in the
municipal capital improvements fund, and shall be used by the city
for local improvements including those listed in RCW 35.43.040.
(C) This section shall not limit the existing authority of
the city /town to impose special assessments on property benefited
thereby in the matter prescribed by law.
SECTION FIVE. Seller's Obligation. The taxes imposed herein are
the obligation of the Seller and may be enforced through the action
of debt against the Seller or in the manner prescribed for the
foreclosure of mortgages.
SECTION SIX. Lien Provisions. The taxes imposed herein and any
interest or penalties thereon are the specific lien upon each each
piece of real property sold, from the time of sale or until the
tax is paid, which lien may be enforced in the manner prescribed
for the foreclosure of mortgages. Such means of enforcement shall
be deemed cumulative and not alternative, and the election to
pursue either shall not preclude later pursuit of the other, or of
both remedies, or of any other_ enforcement action or remedy avail-
able in law or equity.
SECTION SEVEN. Payment And Collection Of Tax - Receipts And Recording.
The taxes imposed herein shall be paid to and collected by the
Treasurer of the County within which is located the real property
which was sold. The County Treasurer shall act as agent for the
town within the county collecting the tax. The County Treasurer
shall cause a stamp evidencing satisfaction of the lien to be af-
fixed to the instrument of sale or conveyance prior to its record-
ing, or to the Real Estate Excise Tax Affidavit in the case of
used mobile home sales. A receipt issued by the County Treasurer
for the payment of the tax imposed herein shall be evidence of the
satisfaction of the lien imposed in Section Six of this ordinance
and may be recorded in the manner prescribed for recording satis-
factions of mortgages. No instrument of sale or conveyance evi-
dencing a sale subject to the tax may be accepted by the County
Auditor for filing or recording until the tax is paid and the
stamp affixed thereto; in case the tax 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 County Treasurer.
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SECTION EIGHT.
Date Payable - Penalty For Late Payment. The tax
imposed hereunder shall become due and payable immediately at the
time of sale, and if not so paid within thirty (30) days there-
after, shall bear interest at the rate of one percent (1%) per
month from the time of sale until the date of payment.
SECTION NINE. Excessive And Improper Payments. If, upon written
application by a 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.(to the extent
that the same be attributable to earlier overpayments to the Town),
shall be withheld from the next monthly distribution to the Town.
SECTION TEN. Severability; Effective Date. If any portion of
this ordinance, or its application to any person or circumstances,
is held invalid, the remainder of the ordinance or'the application
of its provisions to other persons or circumstances shall not be
affected. The tax imposed pursuant to this ordinance shall be as-
sessed and collected upon every taxable event hereunder which oc-
curs on or after October 8th , 1986.
Approved as to Form
and Substance:
• . -
Hon. Ron Lawton, Mayor
Attest:
Richard Patrick, Town Clerk