WSR 05-14-106

PERMANENT RULES

DEPARTMENT OF REVENUE


[ Filed June 30, 2005, 4:36 p.m. , effective July 31, 2005 ]


Purpose: WAC 458-12-342, explains the valuation of new construction covered under the provisions of RCW 36.21.070 and 36.21.080. The rule has been amended to bring it into conformity with current law. The amendment clarifies when new construction, that is not completed before July 31 in any year, is added to the assessment roll. It also explains that an improvement located on leased public land is new construction for purposes of RCW 36.21.070 and 36.21.080. The rule has been updated regarding the time period for filing appeals of the value placed on new construction by the assessor.

Citation of Existing Rules Affected by this Order: Amending WAC 458-12-342 New construction -- Assessment.

Statutory Authority for Adoption: RCW 84.08.010 and 84.41.090.

Adopted under notice filed as WSR 05-11-007 on May 4, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 30, 2005.

Janis P. Bianchi, Manager

Interpretations and

Technical Advice Unit

OTS-8043.1


AMENDATORY SECTION(Amending WSR 93-08-049, filed 4/2/93, effective 5/3/93)

WAC 458-12-342   New construction -- Assessment.   (1) New construction covered under the provisions of RCW 36.21.070 and 36.21.080, and defined in WAC 458-19-005 (2)(q), shall be assessed at its true and fair value as of July 31st each year regardless of its percentage of completion. In instances when new construction continues after July 31 of any year, the increase in value of the property due to the new construction that occurs between August 1 of that year through July 31 of the following year is added to the assessment roll as "new construction" in the following year. New construction as used in this section refers only to real property, as defined in RCW 84.04.090 and further defined in WAC 458-12-010, and also to improvements, as described in WAC 458-12-005(4), located on leased public land, for which a building permit was issued or should have been issued pursuant to chapter 19.27, 19.27A, or 19.28 RCW or other laws providing for building permits.

(2) The assessor is authorized to place new construction on the assessment rolls up to August 31st each year and shall notify the owner, or person responsible for payment of taxes, of the value of any new construction that has been assessed. The notice shall advise the owner, or person responsible for payment of taxes, that ((he)) such owner or person has thirty days from the date of mailing of the notice, or up to sixty days when the county legislative authority has adopted a longer time period, whichever is later, to appeal the valuation to the county board of equalization as provided in WAC 458-14-056.

[Statutory Authority: RCW 84.41.090 and 84.08.010. 93-08-049, 458-12-342, filed 4/2/93, effective 5/3/93; 83-22-004 (Order PT 83-6), 458-12-342, filed 10/20/83.]

Washington State Code Reviser's Office