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HomeMy WebLinkAboutIII (3 51) ORDINANCE NO. J IL-- ORDmANCE RELATING TO SALES OF REAL ESTATE AND LEVYING AN EXCISE TAX THEREON BE IT ORDAINED by the Board ot County Commissioners ot ~ County, State of Washington, that Ordinanc~ Number ;J:: (your pgsent 'Real Estate Tax Ordinance) is hereby amended to reitd as follows I SECTION I Definitions: lfSale" shall have its ordinary meaning and shall in addition include any conveyance, grant, assignmerlt, qu1t-dlaim, or transfer of olvnership of or title to real property, ~luding standing tiJD:ber, or any estate or interest therein for a valuable consideration, and any contract for such conveyance, grant assignment, . quit-claim, or transfer, and any lease with an option to purchase real property, including standing timber, or any estate or interest therein, or any contract under which possession of the property is given to the purchaser or any other person by his direction while title is retained by the seller as seourity fOr the p~ent of the purchase price, but shall not include transfers by gift, devise or inheritanoe, ~ ! ~ & ~ United States ~ ~ state ~ Washington, EE! ! tr~sfe~ El ,app'ropriation ~ decree ~ condemnation proceedings brought Ez ~ United ~~~:t~, the ,state; .2!: ! municipal corporation, nor a transfer in compliance With the terms of any l~ase or contract upon which a tax as imposed by this ordinance has been paid at' where such lease or contract was entered into prior to May 1, 1951, nor to the sale of aby grave or lot in an established cemetery, nor a mortgage or other transfer of arl interest in real property merely to secure a debt, ~ ~ assignment ,!:hereof; PROVIDEDj any transfer or conveyance pursuant to any proceedings for the foreclosure of any mortgage, lien or other incumbrance 1 except a satisfaction thereof, whether executed by the sheriff by public sale or by anyone by public or private sale to satisfy a debt shall be subject to this tax. ~ assignment 2!: <1her tansfer ~! seller's .!nterest in ! contra~ ~ ~ ~ ~ ~ property ~!El estate .2!: interest therein, ~ though accompanied !zl! ~nveyance .2! ~ seller's interest B:. ~ ~ ~ro~erty shall ~ ~ taxable under ~ ordinance where ~ assigrunent 2!:. transfer !!2. ~ ~ .2!: after September 21 1951# ~ !!here ~ assi~ed contract !! forfeited, foreclosed, .2!: ot.herwise ~ performed, ~ ~ !!!.signee .:t2hereby obtain~ ~ interes~!2! ~ Eurchaser therein, ! taxable ~ ~ ~ proI?erty shall ~ ~ deemed ~ ~ occurred ~ ~ balance ~ ~ ~ ~ contract ~ ~ ~ .2! forfei ture ~g ~ deeme~ ~ ~ ~ selling ~rice. "Seller" shall include any individual, assignee, receiver, trustee in bankruptcy, trust1 estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust, corporation, municipal or quasi-municipal corporation, association, society, or arty group of individuals acting as a unit, whether mutual, co-operative, fraternal, non-profit or otherwise, but shall not include the United States or the state of Washington. "Selling price" shall mean the consideration, in money or anything of value, paid or delivered or contracted to be paid or delivered in return for the transfer of the real property or estate or interest therein and shall include the amount of any lien, mortgage, contract indebtedness, or other incumbrance given to secure pay- ment of the purchase price or any part thereof, or remaining unpaid on such property at the time of such sale, including the amount of any lien or encumbrance existing against the property and agreed to be paid by the purchaser, ~ shall ~ include ~ amount of ~ outstanding ~ .2.!: encumbrance ~ favor ~f. ~ United States, ~ state, ~ ~ municipal corporation ~ taxes, special benefits, .2.!: improvements. SECTION II There is hereby levied and there shall be collected by the Treasurer on each sale of any real property situated in County a tax equal to one per cent of the selling price. SECTION III The tax imposed by this ordinance shall be the obligation of the seller and the treasurer m~ proceed to collect the same from the seller by a civil action for debt, PROVIDED, the tax shall also constitute a lien against the real property, the sale of which is involved, until paid and may be enforced by the treasurer in the manner prescribed for the foreclosure of mortgages} PROVIDED FURTHER, an election on the part of the treasurer to pursue one remedy shall in no event operate to waive his right to pursue the other remedy until the full tax, together with interest, penalty, and costs shall have been recovered. SECTION IV The tax herein levied shall be paid to and collected by the treasurer who shall cause to be affixed to the instrument of sale an appropriate stamp or stamps evidenc- ing satisfaction of the lien imposed hereunder and shall further issue a receipt acknowledging such p~ent which receipt shall be evidence of the satisfaction of the lien imposed hereunder and may be recorded in the manner prescribed for recording satisfaction of mortgages. -2- SECTION V No instrument of sale or conveyance, a tax on v.hich is imposed by this ordinance, shall be accepted by the county auditor for filing or recording until the tax shall 'have been paid and the stamp or stamps evidencing such payments have been affixed to the instrument ~ where !!2 ~..!!! levied Eereunder, ! stamp indicating ~, SECTION VI It shall be the duty of the seller, within thirty days after the date of sale to furnish to the treasurer, in triplicate, on forms to be supplied by the treasurer, an affidavit containing the full name and address of the sE;ller, the full name and address of the purchaser, the description of the real property involved, the date of sale or other tranSfer, the nature of the transfer, and the sale price, which affidavit shall be subscribed and sworn to by the seller, buye~ or the agent of either, before a notary public" the treasurer, or his duly authorized deputy. Where the transaction involves the exchange in whole or in part of any real property or any estate or interest therein or any contract right thereto for any other real property or estate or interest therein or contract right thereto, there shall be filed by or on behalf of each grantor the above affidavit, which said affidavit shall state the fair market value of the property so eXChanged, and a tax shall be levied and collected as to each transfer. Where the transa.ction involved is a lease with an option in the lessee to buy real property or any estate or interest therein or contract right thereto, ~ ~ selling price .!!! not stated in ~ instrument, the grantor, grantee or the agent of either shall, by affidavit, state the option price intended and the tax levied here- under shall be on such stated option price; PROVIDED, that if, upon execution and delivery of instrument of conveyance or transfer pursuant to such option, the actual consideration passing be greater than the option price stated in the affidavit filed at the time the lease 'with option Vias executed, there is hereby levied and there shall be collected under this ordinance the tax on such additional amounts prior to the time the deed is accepted for recording; PROVIDED FURTHER, that where, E.l ~ instrument of lease, !~ lease payments .22 ~ a:pply.2E the ult~ ~ price, ~ ~ levied hereunder shall ~ ~ payable until the option .!! exercised ~ acce~ted. Where ~ transaction involved constitutes ! ~ 2f standin~ timber ~ ~ ordinance ~ ~ selling price !! stated ~ ~ conveyance ~ beinj determinable ~ ~ future ~ ~ ~ .2! footage removes! .2:: .2!2. ! stumpage ~, ~ ~ ~ ~ duty -3... .. of the seller to execute and file with the county treasurer the foregoing affidavit -- ..--. ---- ---- - ~ -...-. stating, ~ addi tion ~ ~~ ~~ ~quirements, ~ ~ ~escription 2!. ~ ~ property ~ which ~ standin~ timber 1! locate~ ~ ~ estima~, ~ ~ ~ 2!. ~ knowledge, .2! ~ sellin~ price ul timate:Ly ~ ~ recei ved ~ shall p~ ~ ~ county treasurer under ~ ordinance .! ~ equeal ~ pne ~ ~ ~ ~ estimated selling ~rice, which ~ shall ~ ~ credited ~ ,'\ihe tJ:'easlJ,rer ~ ~ school ~ ~ shal~ ~ retained .!!l! separate account. ~ the expirat~on ~ ~ such timber contract, If ~ extended, !?! ~ ~ ~ cutting ~ !,~mov~ ~ 2ompleted, which- ~ ~ earlier, ~ shall ~ ~ duty .2! ~ seller ~ ~eC\lte and ~ ~ ~ county treasurer ~. additional affidavit ~ ~ above!2 .se~tipg ~ ~ selling price actually .E~. ~ ~ ~vent ~ amount results ~! ~~ .greater ~ ~ ~ theretofore paid ~ ~ estimate ~ seller .shall .E:Z ~ addi tipnal ~ount ~ ~ county ~rea.surer who shall thereupon :place ~~ amount, together Wi:th, ~ ~ originally deposited, ~ credit!?!. ~ ~chool ~ .!!: ~ ~ ma,~~t. ~ ~ event ~ amount ~ ~ ~ ~ 2r1ginal estimate ~ treasurer ~ het'e~t direct~g .E. refund the excess i?a~ent ~ ~ taxpayer ~ credit 1!!. balance !2 ~ scijopl fund as above. -- SECTION VII The treasurer shall retain and file the original of such affidavit and shall furnish one copy to the county assessor. SECTION VIII Failure to furnish such affidavit to the treasurer within thirty days after sale shall be a misdemeanor and" upon conviction thereof, the seller shall be fined not less than ten nor more than fifty dollars. SECTION IX Any person knowingly swearing falsely to any statement of any material matter in such affidavit shall, upon conviction thereof, in addition to any penalty imposed by the laws of the state of Washington, be fined not less than one hundred nor more than fi va hundred dollars.. SECTION X The tax imposed hereunder shall become due and payable inmediately at the time of sale and, if not so paid within thirty days thereafter, shall bear interest and penalty at the rate of one per cent per month from date of sale, ,vhich interest and penalty shall be added to the tax and likewise bear interest and penalty thereafter. -4- SECTION XI The proceeds of the tax imposed hereunder shall be credited to the county school fund ~nth1yfor distributinn to the school districts entitled thereto, PROVIDED, that one-half of one per cent of the proceeds of this tax shall be credited to the county Current Expense fund, out of which all cost and expense of administering this ordinance, including cost of printing stamps and forms of affidavits and receipts and other forms which m~ be necessary, shall be paid. SECTION XII . This ordinance is deemed severable and any declaration by any court that any section or sections, or portions thereof, are invalid, shall have no effect on the remainder of this ordinance. SECTION XIII This ordinance is hecessar,y for the immediate support of county government and its existing public institutions and shall take effect immediately and shall remain in effect until and including May 1, 1952. ~ ADOPTED THIS ~ DAY OF 1951. ~'"~~~~ ~UIU. -5- Bulletin No. 24 October 1, 1951 TO ALL COUNTY AUDITORS, COMMISSIONERS, PRoSEcUTORS, SUPERINTE~1)ENTS, 'AND 'IiiEASURERS - - With our Bulletin Noo 23, dated September 6, which drew attention to the changes made by the second Special Sessi.on in the Real Estate Transactions 'iGy., we enclosed a memora.."ldum opinion V\'l'itten by Mr> Ralph Swanson, Thurston Gnunty Prosecutor, which pointed to the need for a reconvening of the special committee on the Real Estate Tax, composed of representatives of the State Tax Commission, the Attorney General, the Legislature, County Commissioners, Treasurers, Auditors, Prosecutors and the Superintendent of Public Instruction, Such a meeting has been held and the results are enclosed herewith. It was the consensus of this group that changes made in the Act by the legislaturE would require such extonsi ve alterations in the present county ordinances , it would be advisable for all counties to adopt a complete new ordinance. This decision was reached in full light of the conmdtteefs undersUu1ding of the cost, time and other considerations involved in the readoption of a complete ordi- nance. (Actually, the - new ordinance will show up on the books as an amendment to your present ordinance, but it is a complete rewordingc) Because to attempt to detail for you the changes made necessSL7 by the new legislation between the new ordinance and your old one would be a lengt~ task, we have adopted the technique of underscoring in the draft being forwarded you-- underscoring the material which is different from that contained in your present ordinance, Principally: these changes are either procedural (such as the exemption of ~ontract indebtedness) or factual (such as subjecting all timber sales to payment of the tax.) .Leases with option to purchase are also given special treatment in the new ordinance. It is advised that you advertise and hold a hearing prior to adoption of the new ordinance. If there is any way in which this office can be of service to any individual or county, please feel free to call on us, R. RC\'i: ga Encl.