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.
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
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.]