WSR 16-11-081
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF REVENUE
[Filed May 17, 2016, 9:08 a.m.]
Subject of Possible Rule Making: WAC 458-61A-208 Foreclosure—Deeds in lieu of foreclosure—Sales pursuant to court order.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.45.150, 82.32.300, and 82.01.060.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department proposes to update WAC 458-61A-208 to:
1. Reflect recent decision at the Washington State Court of Appeals (Department of Revenue v. FDIC, 190 Wash.App. 150 (2015)) holding that a sale by a receiver in a receivership proceeding did not qualify for an exemption from real estate excise tax as a sale made "upon execution of a judgment" (the exemption is in RCW 82.45.010 (3)(j)).
2. Amend examples and order of rule to increase clarity on department policy.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Parties interested in this rule making may contact the individual listed below. The public may also participate by providing written comments throughout this rule making or giving oral testimony at the public meeting or public hearing.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. A preliminary draft of possible rule changes is available via the department online at dor.wa.gov.
Written comments may be submitted by mail and should be directed to David Hesford, ITA Division, P.O. Box 47453, Olympia, WA 98504-7453, e-mail DavidH@dor.wa.gov.
Written and oral comments will be accepted at the public meeting.
Public Meeting Location: Capital Plaza Building, 4th Floor Executive Conference Room, 1025 Union Avenue S.E., Olympia, WA, on June 16, 2016, at 10:00 a.m. Call-in option can be provided upon request no later than three days before the meeting date.
Assistance for Persons with Disabilities: Contact Julie King, (360) 704-5717, or Renee Cosare, (360) 725-7514, no later than ten days before the meeting date. For hearing impaired please contact us via the Washington relay operator at (800) 833-6384.
May 17, 2016
Kevin Dixon
Rules Coordinator