Title of Rule and Other Identifying Information: WAC 458-18-010 Deferral of special assessments and/or property
taxes -- Definitions, provides definitions of the terms most
frequently used to administer the deferral program for special
assessments and/or property taxes on residential housing
created by chapter 84.38 RCW.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Marilou Rickert, Department of Revenue, P.O. Box 47453, Olympia, WA 98504-7453, fax (360) 586-0127, e-mail MARILOUR@DOR.WA.GOV , AND RECEIVED BY July 7, 2008.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 458-18-010 is being amended to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008). SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.38.030, 84.38.130, and 84.38.150 to domestic partners. Definitions for "domestic partner" and "domestic partnership" have been added at (new) subsections (6) and (7) and subsequent subsections have been renumbered. In addition, (new) subsection (16) has been changed to reflect the 2006 amendment to RCW 84.36.383(1), which revised the definition of "residence" for purposes of chapter 84.38 RCW.
Copies of draft rules are available for viewing and printing on our web site at http://dor.wa.gov/content/FindALawOrRule/RuleMaking/agenda.aspx.
Reasons Supporting Proposal: To recognize 2008 legislation.
Statutory Authority for Adoption: RCW 84.38.180, 84.38.020.
Statute Being Implemented: RCW 84.38.020, 84.38.130, 84.38.150, 84.36.383.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of revenue, governmental.
Name of Agency Personnel Responsible for Drafting: Marilou Rickert, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 570-6115; Implementation and Enforcement: Brad Flaherty, 1025 Union Avenue S.E., Suite #200, Olympia, WA, (360) 570-5860.
May 7, 2008
Alan R. Lynn
(1) "Boarding house" means a residence in which lodging and meals are provided. Each resident of a boarding house is charged a lump sum to cover the costs of lodging and meals with no separate accounting for the fair selling price of the meals.
(2) "Claimant" means a person who either elects under chapter 84.38 RCW or is required under RCW 84.64.050 to defer payment of special assessments and/or real property taxes accrued on his or her residence by filing a declaration to defer as allowed under chapter 84.38 RCW. If more than one individual in a household wishes to defer special assessments and/or taxes, only one may file a declaration to defer; in other words, only one claimant per household is allowed.
(3) "Cooperative housing" means any existing structure, including surrounding land and improvements, that contains one or more dwelling units and is owned by:
(a) An association with resident shareholders who are granted renewable leasehold interests in dwelling units in the building. Unlike owners of a condominium, the resident shareholders who hold a renewable leasehold interest do not own their dwelling units; or
(b) An association organized under the Cooperative Association Act (chapter 23.86 RCW).
(4) "Department" means the state department of revenue.
(5) "Equity value" means the amount by which the true and fair value of a residence exceeds the total amount of all liens, obligations, and encumbrances against the property excluding the deferral liens. As used in this context, the "true and fair value" of a residence is the value shown on the county tax rolls maintained by the assessor for the assessment year in which the deferral claim is made.
(6) Domestic partner. "Domestic partner" means a person registered under chapter 26.60 RCW or a partner in a legal union of two persons of the same sex, other than a marriage, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership under chapter 26.60 RCW.
(7) Domestic partnership. "Domestic partnership" means a partnership registered under chapter 26.60 RCW or a legal union of two persons of the same sex, other than a marriage, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership under chapter 26.60 RCW.
6)) (8) "Fire and casualty insurance" means a policy
with an insurer that is authorized by the state insurance
commission to insure property in this state.
7)) (9) "Irrevocable trust" means a trust that may not
be revoked after its creation by the trustor.
8)) (10) "Lease for life" means a lease that terminates
upon the death of the lessee.
9)) (11) "Lien" means any interest in property given to
secure payment of a debt or performance of an obligation,
including a deed of trust. A lien includes the total amount
of special assessments and/or property taxes deferred and the
interest thereon. It also may include any other outstanding
balance owed to local government for special assessments.
10)) (12) "Life estate" means an estate that consists
of total rights to use, occupy, and control real property but
is limited to the lifetime of a designated party; this party
is often called a "life tenant."
11)) (13) "Local government" means any city, town,
county, water-sewer district, public utility district, port
district, irrigation district, flood control district, or any
other municipal corporation, quasi municipal corporation, or
other political subdivision authorized to levy special
12)) (14) "Perjury" means the willful assertion as to a
matter of fact, opinion, belief, or knowledge made by a
claimant upon the declaration to defer that the claimant knows
to be false.
13)) (15) "Real property taxes" means ad valorem
property taxes levied on a residence in this state. The term
includes foreclosure costs, interest, and penalties accrued as
of the date the declaration to defer is filed.
14)) (16) "Residence" has the same meaning given in RCW 84.36.383(( , except that it includes any additional property
up to a total of five acres that comprises the residential
parcel if land use regulations require this larger parcel size
for the construction of a residential dwelling.)); it means a
single-family dwelling unit whether the unit is separate or
part of a multiunit dwelling and includes up to one acre of
the parcel of land on which the dwelling stands, and it
includes any additional property up to a total of five acres
that comprises the residential parcel if local land use
regulations require this larger parcel size.
15)) (17) "Revocable trust" means an agreement that
entitles the trustor to have the full right to use the real
property and to revoke the trust and retake complete ownership
of the property at any time during his or her lifetime. The
trustee of a revocable trust holds only bare legal title to
the real property. Full equitable title to the property
remains with the trustor; the original property owner.
16)) (18) "Rooming house" means a residence where
persons may rent rooms.
17)) (19) "Special assessment" means the charge or
obligation imposed by local government upon real property
specially benefited by improvements.
[Statutory Authority: RCW 84.38.180 and 84.38.020. 99-21-044, § 458-18-010, filed 10/15/99, effective 11/15/99. Statutory Authority: RCW 84.38.180. 92-15-057, § 458-18-010, filed 7/13/92, effective 8/13/92; 88-13-042 (Order PT 88-9), § 458-18-010, filed 6/9/88; 84-21-010 (Order PT 84-4), § 458-18-010, filed 10/5/84; 81-05-020 (Order PT 81-8), § 458-18-010, filed 2/11/81; Order PT 76-1, § 458-18-010, filed 4/7/76.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.