WSR 05-12-100

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF REVENUE


[ Filed May 27, 2005, 11:37 a.m. ]

Subject of Possible Rule Making: Chapter 458-61 WAC, Real estate excise tax.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.32.300, 82.01.060(2), and 82.45.150.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 458-61 WAC provides tax reporting information to persons who sell real estate in Washington, or who transfer a controlling interest in an entity that owns real estate in this state. The rules explain who is liable for the tax, how and when the tax imposed by chapter 82.45 RCW is paid, and the record-keeping requirements.

The department anticipates revising chapter 458-61 WAC to update existing information, more clearly and completely explain department practices in administering the tax, and incorporate legislative amendments to chapter 82.45 RCW. The department anticipates consolidating several of the existing rules, and organizing the chapter in a more "user friendly" format.

Process for Developing New Rule: Parties interested in this rule making may contact the individual listed below. The public may also participate by providing written comments throughout this rule making or giving oral testimony at the public meeting or public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Written comments may be submitted by mail, fax, or at the public meeting. Oral comments will be accepted at the public meeting. A preliminary draft of the rules will be available via the department's web site at www.dor.wa.gov after June 23, 2005. Written comments on and/or requests for copies of the rule may be directed to Margaret J. Partlow, Interpretations and Technical Advice Unit, P.O. Box 47453, Olympia, WA 98504-7453, e-mail margaretpa@dor.wa.gov, phone (360) 570-6123, fax (360) 586-5543.

Public Meeting Location: Capital Plaza Building, 4th Floor Large Executive Conference Room, 1025 Union Avenue S.E., Olympia, WA, on July 13, 2005, at 10:00 a.m.

May 27, 2005

Alan R. Lynn

Rules Coordinator

Washington State Code Reviser's Office