AN ACT
Relating to property tax deferrals for senior citizens and persons retired by
reason of physical disability; and amending RCW 84.38.020 and 84.38.030.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
84.38.020 and 1991 c 213 s 1 are each amended to read as follows:
Unless
a different meaning is plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the following meanings:
(1)
"Claimant" means a person who either elects or is required under RCW
((84.64.030 or)) 84.64.050 to defer payment of the special assessments
and/or real property taxes accrued on the claimant's residence by filing a
declaration to defer as provided by this chapter.
When
two or more individuals of a household file or seek to file a declaration to
defer, they may determine between them as to who the claimant shall be.
(2)
"Department" means the state department of revenue.
(3)
"Equity value" means the amount by which the fair market value of a
residence as determined from the records of the county assessor exceeds the
total amount of any liens or other obligations against the property.
(4) "Real
property taxes" means ad valorem property taxes levied on a residence in this
state in the preceding calendar year.
(5)
"Residence" has the meaning given in RCW 84.36.383, except that a
residence includes any additional property up to a total of five acres that
comprises the residential parcel if this larger parcel size is required under
land use regulations.
(6)
"Special assessment" means the charge or obligation imposed by a
city, town, county, or other municipal corporation upon property specially
benefited by a local improvement, including assessments under chapters 35.44, 36.88,
36.94, 53.08, 54.16, 56.20, 57.16, 86.09, and 87.03 RCW and any other relevant
chapter.
(((5)
"Real property taxes" means ad valorem property taxes levied on a
residence in this state in the preceding calendar year.))
Sec.
2. RCW
84.38.030 and 1991 c 213 s 2 are each amended to read as follows:
A
claimant may defer payment of special assessments and/or real property taxes on
up to eighty percent of the amount of the claimant's equity value in the
claimant's residence if the following conditions are met:
(1)
The claimant must meet all requirements for an exemption for the residence
under RCW 84.36.381, other than the age and income limits under RCW
84.36.381 and the parcel size limit under RCW 84.36.383.
(2) The
claimant must be sixty years of age or older on December 31st of the year in
which the deferral claim is filed, or must have been, at the time of filing,
retired from regular gainful employment by reason of physical disability:
PROVIDED, That any surviving spouse of a person who was receiving a deferral at
the time of the person's death shall qualify if the surviving spouse is
fifty-seven years of age or older and otherwise meets the requirements of this
section.
(3)
The claimant must have a combined disposable income, as defined in RCW
84.36.383, of ((thirty)) thirty-four thousand dollars or less.
(((3)))
(4) The claimant must have owned, at the time of filing, the residence
on which the special assessment and/or real property taxes have been imposed.
For purposes of this subsection, a residence owned by a marital community or
owned by cotenants shall be deemed to be owned by each spouse or cotenant. A
claimant who has only a share ownership in cooperative housing, a life estate,
a lease for life, or a revocable trust does not satisfy the ownership
requirement.
(((4)))
(5) The claimant must have and keep in force fire and casualty insurance
in sufficient amount to protect the interest of the state in the claimant's
equity value: PROVIDED, That if the claimant fails to keep fire and casualty
insurance in force to the extent of the state's interest in the claimant's
equity value, the amount deferred shall not exceed one hundred percent of the
claimant's equity value in the land or lot only.
(((5)))
(6) In the case of special assessment deferral, the claimant must have
opted for payment of such special assessments on the installment method if such
method was available.
