Z-330                 _______________________________________________

                                                   HOUSE BILL NO. 1308

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Wang and Holland; by request of Department of Revenue

Read first time 1/20/89 and referred to Committee on Revenue.

AN ACT Relating to the real estate excise tax affidavit form; and amending RCW 82.45.120.

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

        Sec. 1.  Section 28A.45.120, chapter 223, Laws of 1969 ex. sess. as last amended by section 5, chapter 167, Laws of 1981 and RCW 82.45.120 are each amended to read as follows:

          The department of revenue is authorized and shall prescribe minimum standards for uniformity in reporting, application, and collection of the real estate excise tax imposed by this chapter.

          The department of revenue shall also prescribe a real estate excise tax affidavit form which shall require the following:

          (1) Identification of the seller and purchaser;

          (2) Description of the property involved including the tax parcel or account number(s);

          (3) Date of sale, type of instrument of sale, nature of transfer;

          (4) Gross sales price;

          (5) Whether or not the land is classified or designated as forest land under chapter 84.33 RCW; or classified as open space land, farm and agricultural land, or timberland under chapter 84.34 RCW; or at the time of sale exempt from property tax under chapter 84.36 RCW;

          (6) Whether or not the property is land only, land with new building (new construction), or land with a previously used building; and

          (7) The following questions, the responses to which are not required:

          (a) Is this property at the time of sale subject to an elderly, disability, or physical improvement exemption?

          (b) Does any building have a heat pump or solar heating or cooling system?

          (c) Does this transaction divide a current parcel of land?

          (d) Does this transaction include current crops or merchantable timber?

          (e) Does this transaction involve a trade, a partial interest, corporate affiliates, related parties, a trust, a receivership, or an estate?

          (f) Is the grantee acting as a nominee for a third party?

          (g) Is the principal use of the land agricultural, apartments (four or more units), commercial, condominium, industrial, mobile home site, recreational, residential, or growing timber?

          The affidavit form shall contain a statement of the potential compensating and additional tax liability under chapters 84.33 and 84.34 RCW, a statement of the collection of taxes under RCW 84.36.262 and 84.36.810, and a statement of the applicable penalties for perjury under chapter 9A.72 RCW.

          Each county shall use the affidavit form prescribed and furnished by the department of revenue.

          The affidavit shall be signed by ((either)) both the seller ((or)) and the buyer, ((or the agent of either,)) under oath attesting to all required information.