WSR 10-20-057

EXPEDITED RULES

DEPARTMENT OF REVENUE


[ Filed September 27, 2010, 11:23 a.m. ]

Title of Rule and Other Identifying Information: WAC 458-18A-060 Deferral of special assessments and/or property taxes -- Limitations of deferral -- Interest, a deferral under chapter 84.37 RCW cannot be granted if liens created by the deferrals of special assessments and/or real property taxes equal or exceed forty percent of the claimant's equity value in the property. Equity value is determined as of January 1 in the year the taxes are to be deferred. This rule explains how the amount of the lien is determined.

NOTICE

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 Jay Jetter, Department of Revenue, P.O. Box 47471, Olympia, WA 98504-7471, e-mail JayJ@dor.wa.gov , AND RECEIVED BY December 6, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of revenue is proposing to amend this rule to recognize that the state's lien under this program is shown on the certificate of title of a mobile home. The current rule explains that the state's lien is to be shown on the certificate of ownership of a mobile home. This proposal recognizes legislative changes made in SB 6379 (chapter 161, Laws of 2010).

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 2010 legislation.

Statutory Authority for Adoption: RCW 84.38.180.

Statute Being Implemented: RCW 84.37.070.

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: Peggy Davis, 1025 Union Avenue S.E., Suite #200, Olympia, WA, (360) 570-5867; Implementation and Enforcement: Brad Flaherty, 1025 Union Avenue S.E., Suite #200, Olympia, WA, (360) 570-5860.

September 27, 2010

Alan R. Lynn

Rules Coordinator

OTS-3647.1


AMENDATORY SECTION(Amending WSR 09-14-038, filed 6/24/09, effective 7/25/09)

WAC 458-18A-060   Deferral of special assessments and/or property taxes -- Limitations of deferral -- Interest.   No deferral will be granted if the liens created by the deferrals of special assessments and/or real property taxes equal or exceed forty percent of the claimant's equity value in said property. Equity value will be determined as of January 1 in the year the taxes are to be deferred.

The liens include:

(1) The total amount of special assessments and/or real property taxes deferred; plus

(2) Interest on the amount deferred. The rate of interest is an average of the federal short-term rate as defined in 26 U.S.C. Sec. 1274(d) plus two percentage points. The rate set for each new year is computed by taking an arithmetical average to the nearest percentage point of the federal short-term rate, compounded annually. That average is calculated using the rates from four months: January, April, and July of the calendar year immediately preceding the new year, and October of the previous preceding year. The interest is calculated from the time it could have been paid before delinquency until such obligation is paid. In the case of a mobile home, the department of licensing will show the state's lien on the certificate of ((ownership)) title for the mobile home. In the case of all other property, the department of revenue will file a notice of the deferral with the county recorder or auditor.

[Statutory Authority: RCW 84.08.010, 84.08.070, and chapter 84.37 RCW. 09-14-038, 458-18A-060, filed 6/24/09, effective 7/25/09.]

Washington State Code Reviser's Office