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SUBSTITUTE HOUSE BILL 2582
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Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 02/07/94.
Affecting leasehold excise taxes.
AN ACT Relating to
leasehold excise taxes; amending RCW 82.29A.060 and 82.29A.120; and declaring
an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 82.29A.060 and
1975-'76 2nd ex.s. c 61 s 6 are each amended to read as follows:
(1) All
administrative provisions in chapters 82.02 and 82.32 RCW((, as now or
hereafter amended)) shall be applicable to taxes imposed pursuant to this
chapter((: PROVIDED, That)).
(2) A lessee, or a
sublessee in the case where the sublessee is responsible for paying the tax
imposed under this chapter, of property used for residential purposes may
petition the county board of equalization for a change in appraised value when
the department of revenue establishes taxable rent under RCW 82.29A.020(2)(b)
based on an appraisal done by the county assessor at the request of the
department. The petition must be on forms prescribed or approved by the
department of revenue and any petition not conforming to those requirements or
not properly completed shall not be considered by the board. The petition must
be filed with the board within the time period set forth in RCW 84.40.038. A
decision of the board of equalization may be appealed by the taxpayer to the
board of tax appeals as provided in RCW 84.08.130.
A sublessee, in the
case where the sublessee is responsible for paying the tax imposed under this
chapter, of property used for residential purposes may petition the department
for a change in taxable rent when the department of revenue establishes taxable
rent under RCW 82.29A.020(2)(b).
Any change in tax
resulting from an appeal under this subsection shall be allocated to the lessee
or sublessee responsible for paying the tax.
(3) This section
shall not authorize the issuance of any levy upon any property owned by the
public lessor.
(4) In selecting
leasehold excise tax returns for audit the department of revenue shall give
priority to any return an audit of which is specifically requested in writing
by the county assessor or treasurer or other chief financial officer of any
city or county affected by such return. Notwithstanding the provisions of RCW
82.32.330, findings of fact and determinations of the amount of taxable rent
made pursuant to the provisions of this chapter shall be open to public
inspection at all reasonable times.
Sec. 2. RCW 82.29A.120 and 1986
c 285 s 2 are each amended to read as follows:
After computation of the
taxes imposed pursuant to RCW 82.29A.030 and 82.29A.040 there shall be allowed
the following credits in determining the tax payable:
(1) With respect to a
leasehold interest other than a product lease, executed with an effective date
of April 1, 1986, or thereafter, or a leasehold interest in respect to which
the department of revenue under the authority of RCW 82.29A.020 does adjust the
contract rent base used for computing the tax provided for in RCW 82.29A.030,
there shall be allowed a credit against the tax as otherwise computed equal to
the amount, if any, that such tax exceeds the property tax that would apply to
such leased property without regard to any property tax exemption under RCW
84.36.381, if it were privately owned by the lessee or if it were
privately owned by any sublessee if the value of the credit inures to the
sublessee. For lessees and sublessees who would qualify for a property tax
exemption under RCW 84.36.381 if the property were privately owned, the tax otherwise
due after this credit shall be reduced by a percentage equal to the percentage
reduction in property tax that would result from the property tax exemption
under RCW 84.36.381.
(2) With respect to a
product lease, a credit of thirty-three percent of the tax otherwise due.
NEW
SECTION. Sec. 3. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
