H-4959              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1822

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By House Committee on Housing (originally sponsored by Representative Nutley)

Read first time 2/5/88.

AN ACT Relating to the delinquent payment of excise tax on the sale of real property; and amending RCW 82.45.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 167, Laws of 1981 as amended by section 1, chapter 176, Laws of 1982 and RCW 82.45.100 are each amended to read as follows:

          (1) The tax imposed under this chapter is due and payable immediately at the time of sale, and if not paid within thirty days thereafter shall bear interest at the rate of one percent per month from the time of sale until the date of payment.

          (2)  In addition to the interest described in subsection (1) of this section, if the payment of any tax is not received by the county treasurer within thirty days of the date due, there shall be assessed a penalty of five percent of the amount of the tax; if the tax is not received within sixty days of the date due, there shall be assessed a total penalty of ten percent of the amount of the tax; and if the tax is not received within ninety days of the date due, there shall be assessed a total penalty of twenty percent of the amount of the tax.  The payment of the penalty described in this subsection shall be collectible from the seller only, and RCW 82.45.070 does not apply to the penalties described in this subsection.

(3) If upon examination of any affidavits or from other information obtained by the department or its agents it appears that all or a portion of the tax is unpaid, the department shall assess against the taxpayer the additional amount found to be due plus interest and penalties as provided in subsections (1) and (2) of this section.  If the department finds that all or any part of the deficiency resulted from an intent to evade the tax payable under this chapter, ((a)) an additional penalty of fifty percent of the additional tax found to be due shall be added.

          (((3))) (4) No assessment or refund may be made by the department more than four years after the date of sale except upon a showing of fraud or of misrepresentation of a material fact by the taxpayer or a failure by the taxpayer to record documentation of a sale or otherwise report the sale to the county treasurer.

(5) Penalties collected pursuant to subsection (2) of this section shall be deposited in the housing trust fund as described in chapter 43.185 RCW.