SSB 6389 -
By Committee on Finance
ADOPTED 03/05/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 84.36 RCW
to read as follows:
(1) Military housing is exempt from taxation if the housing meets
the following requirements:
(a) The military housing must be situated on land owned in fee by
the United States;
(b) The military housing must be used for the housing of military
personnel and their families; and
(c) The military housing must be a development project awarded
under the military housing privatization initiative.
(2) To qualify property for the exemption under this section, the
project owner must submit an application to the department in a form
and manner prescribed by the department. Any change in the use of the
property that affects the qualification of the property must be
reported to the department.
(3) The definitions in this subsection apply to this section.
(a) "Ancillary supporting facilities" means facilities related to
military housing units, including facilities to provide or support
elementary or secondary education, child care centers, day care
centers, child development centers, tot lots, community centers,
housing offices, dining facilities, unit offices, and other similar
facilities for the support of military housing.
(b) "Military housing" means military housing units and ancillary
supporting facilities.
(c) "Military housing privatization initiative" means the military
housing privatization initiative of 1996, 10 U.S.C. Secs. 2871 through
2885, as existing on the effective date of this act, or some later date
as the department may provide.
Sec. 2 RCW 82.29A.130 and 2007 c 90 s 1 are each amended to read
as follows:
The following leasehold interests shall be exempt from taxes
imposed pursuant to RCW 82.29A.030 and 82.29A.040:
(1) All leasehold interests constituting a part of the operating
properties of any public utility which is assessed and taxed as a
public utility pursuant to chapter 84.12 RCW.
(2) All leasehold interests in facilities owned or used by a
school, college or university which leasehold provides housing for
students and which is otherwise exempt from taxation under provisions
of RCW 84.36.010 and 84.36.050.
(3) All leasehold interests of subsidized housing where the fee
ownership of such property is vested in the government of the United
States, or the state of Washington or any political subdivision thereof
but only if income qualification exists for such housing.
(4) All leasehold interests used for fair purposes of a nonprofit
fair association that sponsors or conducts a fair or fairs which
receive support from revenues collected pursuant to RCW 67.16.100 and
allocated by the director of the department of agriculture where the
fee ownership of such property is vested in the government of the
United States, the state of Washington or any of its political
subdivisions: PROVIDED, That this exemption shall not apply to the
leasehold interest of any sublessee of such nonprofit fair association
if such leasehold interest would be taxable if it were the primary
lease.
(5) All leasehold interests in any property of any public entity
used as a residence by an employee of that public entity who is
required as a condition of employment to live in the publicly owned
property.
(6) All leasehold interests held by enrolled Indians of lands owned
or held by any Indian or Indian tribe where the fee ownership of such
property is vested in or held in trust by the United States and which
are not subleased to other than to a lessee which would qualify
pursuant to this chapter, RCW 84.36.451 and 84.40.175.
(7) All leasehold interests in any real property of any Indian or
Indian tribe, band, or community that is held in trust by the United
States or is subject to a restriction against alienation imposed by the
United States: PROVIDED, That this exemption shall apply only where it
is determined that contract rent paid is greater than or equal to
ninety percent of fair market rental, to be determined by the
department of revenue using the same criteria used to establish taxable
rent in RCW 82.29A.020(2)(b).
(8) All leasehold interests for which annual taxable rent is less
than two hundred fifty dollars per year. For purposes of this
subsection leasehold interests held by the same lessee in contiguous
properties owned by the same lessor shall be deemed a single leasehold
interest.
(9) All leasehold interests which give use or possession of the
leased property for a continuous period of less than thirty days:
PROVIDED, That for purposes of this subsection, successive leases or
lease renewals giving substantially continuous use of possession of the
same property to the same lessee shall be deemed a single leasehold
interest: PROVIDED FURTHER, That no leasehold interest shall be deemed
to give use or possession for a period of less than thirty days solely
by virtue of the reservation by the public lessor of the right to use
the property or to allow third parties to use the property on an
occasional, temporary basis.
(10) All leasehold interests under month-to-month leases in
residential units rented for residential purposes of the lessee pending
destruction or removal for the purpose of constructing a public highway
or building.
(11) All leasehold interests in any publicly owned real or personal
property to the extent such leasehold interests arises solely by virtue
of a contract for public improvements or work executed under the public
works statutes of this state or of the United States between the public
owner of the property and a contractor.
(12) All leasehold interests that give use or possession of state
adult correctional facilities for the purposes of operating
correctional industries under RCW 72.09.100.
(13) All leasehold interests used to provide organized and
supervised recreational activities for persons with disabilities of all
ages in a camp facility and for public recreational purposes by a
nonprofit organization, association, or corporation that would be
exempt from property tax under RCW 84.36.030(1) if it owned the
property. If the publicly owned property is used for any taxable
purpose, the leasehold excise taxes set forth in RCW 82.29A.030 and
82.29A.040 shall be imposed and shall be apportioned accordingly.
(14) All leasehold interests in the public or entertainment areas
of a baseball stadium with natural turf and a retractable roof or
canopy that is in a county with a population of over one million, that
has a seating capacity of over forty thousand, and that is constructed
on or after January 1, 1995. "Public or entertainment areas" include
ticket sales areas, ramps and stairs, lobbies and concourses, parking
areas, concession areas, restaurants, hospitality and stadium club
areas, kitchens or other work areas primarily servicing other public or
entertainment areas, public rest room areas, press and media areas,
control booths, broadcast and production areas, retail sales areas,
museum and exhibit areas, scoreboards or other public displays, storage
areas, loading, staging, and servicing areas, seating areas and suites,
the playing field, and any other areas to which the public has access
or which are used for the production of the entertainment event or
other public usage, and any other personal property used for these
purposes. "Public or entertainment areas" does not include locker
rooms or private offices exclusively used by the lessee.
(15) All leasehold interests in the public or entertainment areas
of a stadium and exhibition center, as defined in RCW 36.102.010, that
is constructed on or after January 1, 1998. For the purposes of this
subsection, "public or entertainment areas" has the same meaning as in
subsection (14) of this section, and includes exhibition areas.
(16) All leasehold interests in public facilities districts, as
provided in chapter 36.100 or 35.57 RCW.
(17) All leasehold interests in property that is: (a) Owned by the
United States government or a municipal corporation; (b) listed on any
federal or state register of historical sites; and (c) wholly contained
within a designated national historic reserve under 16 U.S.C. Sec. 461.
(18) All leasehold interests in the public or entertainment areas
of an amphitheater if a private entity is responsible for one hundred
percent of the cost of constructing the amphitheater which is not
reimbursed by the public owner, both the public owner and the private
lessee sponsor events at the facility on a regular basis, the lessee is
responsible under the lease or agreement to operate and maintain the
facility, and the amphitheater has a seating capacity of over seventeen
thousand reserved and general admission seats and is in a county with
a population of over three hundred fifty thousand, but less than four
hundred twenty-five thousand. For the purposes of this subsection,
"public or entertainment areas" include box offices or other ticket
sales areas, entrance gates, ramps and stairs, lobbies and concourses,
parking areas, concession areas, restaurants, hospitality areas,
kitchens or other work areas primarily servicing other public or
entertainment areas, public rest room areas, press and media areas,
control booths, broadcast and production areas, retail sales areas,
museum and exhibit areas, scoreboards or other public displays, storage
areas, loading, staging, and servicing areas, seating areas including
lawn seating areas and suites, stages, and any other areas to which the
public has access or which are used for the production of the
entertainment event or other public usage, and any other personal
property used for these purposes. "Public or entertainment areas" does
not include office areas used predominately by the lessee.
(19) All leasehold interests in real property used for the
placement of military housing meeting the requirements of section 1 of
this act."
Correct the title.
EFFECT: Clarifies that leasehold exemption does not apply to leasehold interests in all federally owned property. Makes other nonsubstantive, technical changes relating to clarity and placement of language.