WSR 06-11-014

EXPEDITED RULES

DEPARTMENT OF REVENUE


[ Filed May 4, 2006, 2:26 p.m. ]

Title of Rule and Other Identifying Information: WAC 458-40-690 Timber excise tax -- Credit for property tax.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Mark Bohe, Department of Revenue, P.O. Box 47453, Olympia, WA 98504-7453, fax (360) 586-5543, e-mail MarkBohe@dor.wa.gov , AND RECEIVED BY July 25, 2006.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 458-40-690 explains how a taxpayer may claim a credit, or obtain a refund, for property taxes paid upon harvested public timber. Chapter 177, Laws of 2004 (ESHB 2693) changed the law so that standing timber located on public land that is purchased by a private person is exempt from property tax. The department had retained the rule until this time in case someone with a past claim for refund or credit wanted to file for the credit or claim a refund, but in the last year there has been no such filing. The department is proposing to repeal this rule at this time because it is no longer needed.

Reasons Supporting Proposal: The rule is no longer needed because all standing timber is exempt from property tax under RCW 84.33.040.

Statutory Authority for Adoption: RCW 82.32.330, 82.01.060(1), and 84.33.096.

Statute Being Implemented: RCW 84.33.077.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of revenue, governmental.

Name of Agency Personnel Responsible for Drafting: Mark Bohe, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 570-6133; Implementation and Enforcement: Stuart Thronson, 1025 Union Avenue S.E., Suite #100, Olympia, WA, (360) 570-3230.

May 4, 2006

Alan R. Lynn

Rules Coordinator


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 458-40-690 Timber excise tax -- Credit for property tax.

Washington State Code Reviser's Office