PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 05-12-100.
Title of Rule and Other Identifying Information: Chapter 458-61 WAC, Real estate excise tax, provides tax-reporting information for persons selling real estate located in Washington, and for persons selling a controlling interest in an entity that owns real estate in Washington. The chapter explains who is liable for the tax, how and when it must be paid, which transactions are taxable, what exemptions are available, and the record-keeping requirements.
Hearing Location(s): Capital Plaza Building, 1025 Union Avenue S.E., Olympia, WA 98504, on September 27, 2005, at 10:00 a.m.
Date of Intended Adoption: October 5, 2005.
Submit Written Comments to: Margaret J. Partlow, P.O. Box 47453, Olympia, WA 98504-7453, e-mail margaretpa@dor.wa.gov, fax (360) 586-5543, by September 27, 2005.
Assistance for Persons with Disabilities: Contact Sandy Davis at (360) 725-7499, no later than ten days before the hearing date. Deaf and hard of hearing individuals may call 1-800-451-7985 (TTY users).
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is filing the repealer for chapter 458-61 WAC, that was inadvertently omitted from WSR 05-17-025, which was filed on August 5, 2005.
Reasons Supporting Proposal: See WSR 05-17-025.
Statutory Authority for Adoption: RCW 82.32.300, 82.04.060, and 82.45.150.
Statute Being Implemented: Chapter 82.45 RCW.
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: Margaret J. Partlow, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 570-6123; Implementation: Alan R. Lynn, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 570-6125; and Enforcement: Janis P. Bianchi, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 570-6131.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules do not impose any new performance requirement or administrative burden on small business that is not required by statute.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are not significant legislative rules as defined by RCW 34.05.328.
August 9, 2005
Margaret J. Partlow
Project Counsel
Acting ITA Manager
OTS-8225.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
| WAC 458-61-015 | General information. |
| WAC 458-61-025 | Taxability of the transfer or acquisition of the controlling interest of an entity with an interest in real property located in this state. |
| WAC 458-61-030 | Definitions. |
| WAC 458-61-050 | Payment of tax -- County treasurer as agent for the state. |
| WAC 458-61-060 | Disposition of proceeds. |
| WAC 458-61-070 | Affidavit batch transmittal. |
| WAC 458-61-080 | Affidavit requirements. |
| WAC 458-61-090 | Date of sale -- Interest and penalty. |
| WAC 458-61-100 | Refunds of tax paid. |
| WAC 458-61-120 | Evasion penalty. |
| WAC 458-61-130 | Department audit responsibility. |
| WAC 458-61-150 | Supplemental statements. |
| WAC 458-61-200 | Apartments. |
| WAC 458-61-210 | Assignments -- Purchasers. |
| WAC 458-61-220 | Assignments -- Sellers. |
| WAC 458-61-225 | Assumption of debt. |
| WAC 458-61-230 | Bankruptcy. |
| WAC 458-61-235 | Boundary line adjustments. |
| WAC 458-61-250 | Cemetery lots or graves. |
| WAC 458-61-255 | Clearing title. |
| WAC 458-61-290 | Contract. |
| WAC 458-61-300 | Contractor. |
| WAC 458-61-330 | Foreclosure -- Deeds in lieu of foreclosure. |
| WAC 458-61-335 | Easements, development rights, water rights and air rights. |
| WAC 458-61-340 | Community property -- Dissolution of marriage/divorce. |
| WAC 458-61-370 | Exchanges -- Trades. |
| WAC 458-61-374 | Exemption -- Transfers made "subject to." |
| WAC 458-61-375 | Exemption -- Mere change in identity or form -- Family corporations and partnerships. |
| WAC 458-61-376 | Exemption -- Transfers where gain is not recognized under the Internal Revenue Code. |
| WAC 458-61-400 | Creation, assignment and release of security interests. |
| WAC 458-61-410 | Gifts. |
| WAC 458-61-411 | Exemption -- Irrevocable trusts. |
| WAC 458-61-412 | Exemption -- Inheritances. |
| WAC 458-61-420 | Government transfers. |
| WAC 458-61-425 | Growing crops. |
| WAC 458-61-430 | Sale of improvements to land. |
| WAC 458-61-450 | Indian (American), transfers to or from. |
| WAC 458-61-470 | Irrigation equipment. |
| WAC 458-61-480 | IRS "tax deferred" exchange. |
| WAC 458-61-510 | Leases. |
| WAC 458-61-520 | Mineral rights and mining claims. |
| WAC 458-61-540 | Mobile and floating home sales. |
| WAC 458-61-545 | Mortgage insurers. |
| WAC 458-61-550 | Nominee. |
| WAC 458-61-553 | Nonprofit organizations. |
| WAC 458-61-555 | Option to purchase. |
| WAC 458-61-590 | Rescission of sale. |
| WAC 458-61-600 | Relocation service. |
| WAC 458-61-610 | Rerecord. |
| WAC 458-61-640 | Sheriff's sale. |
| WAC 458-61-650 | Tenants in common and joint tenants. |
| WAC 458-61-660 | Timber, standing. |
| WAC 458-61-670 | Trade-in credit. |