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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. RPCTTnm FnTTP _ Di sfri but -inn cif Tax Prc)ceP (9G _ TT -,e T.imi t-at-i can. _ (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. -2- 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