WSR 21-23-011
EXPEDITED RULES
DEPARTMENT OF REVENUE
[Filed November 4, 2021, 1:25 p.m.]
Title of Rule and Other Identifying Information: WAC 458-18-220 Refunds—Rate of interest, 458-30-262 Agricultural land valuation—Interest rate—Property tax component, and 458-30-590 Rates of inflation—Publication—Interest rate—Calculation.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to amend:
WAC 458-18-220 to provide the rate of interest for treasury bill auction year 2021, which is used when refunding property taxes paid in 2022, as required by RCW 84.69.100.
WAC 458-30-262 to provide the interest rate and property tax component used when valuing classified farm and agricultural land during the 2022 assessment year, as required by RCW 84.34.065.
WAC 458-30-590 to provide the rate of inflation published in 2021, which is used in calculating interest for deferred special benefit assessments of land removed or withdrawn from classification during 2022, as required by RCW 84.34.310.
Reasons Supporting Proposal: The department is specifically and explicitly required by statute to annually update these rules to provide the information identified above.
Statutory Authority for Adoption: RCW 84.34.065, 84.34.141, 84.34.360, and 84.69.100.
Statute Being Implemented: RCW 84.34.055, 84.34.065, 84.34.141, 84.34.310, 84.34.360, 84.68.030, and 84.69.100.
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: Leslie Mullin, 6400 Linderson Way S.W., Tumwater, WA, 360-534-1589; Implementation and Enforcement: John Ryser, 6400 Linderson Way S.W., Tumwater, WA, 360-534-1605.
This notice meets the following criteria to use the expedited adoption process for these rules:
Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Content is explicitly and specifically dictated by statute.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The department is required by Washington state statutes to annually update these rules.
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 Leslie Mullin, Department of Revenue, P.O. Box 47453, Olympia, WA 98504-7453, phone 360-534-1589, fax 360-534-1606, email LeslieMu@dor.wa.gov, AND RECEIVED BY January 17, 2022.
November 4, 2021
Atif Aziz
Rules Coordinator
OTS-3380.1
AMENDATORY SECTION(Amending WSR 21-01-210, filed 12/23/20, effective 1/1/21)
WAC 458-18-220RefundsRate of interest.
(1) Introduction. Interest applies to refunds of taxes made pursuant to RCW 84.69.010 through 84.69.090 in accordance with RCW 84.69.100. Interest also applies to judgments entered in favor of the plaintiff pursuant to RCW 84.68.030.
(2) Calculation of interest rate. The interest rate is calculated from the equivalent coupon issue yield of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted after June 30th of the calendar year preceding the date the taxes were paid.
(3) Interest rates. The following rates are applied to the amount of the judgment or the amount of the refund, until paid:
Year tax
paid
Auction
Year
Rate
1984
1983
9.29%
 
1985
1984
11.27%
 
1986
1985
7.36%
 
1987
1986
6.11%
 
1988
1987
5.95%
 
1989
1988
7.04%
 
1990
1989
8.05%
 
1991
1990
8.01%
 
1992
1991
5.98%
 
1993
1992
3.42%
 
1994
1993
3.19%
 
1995
1994
4.92%
 
1996
1995
5.71%
 
1997
1996
5.22%
 
1998
1997
5.14%
 
1999
1998
5.06%
 
2000
1999
4.96%
 
2001
2000
5.98%
 
2002
2001
3.50%
 
2003
2002
1.73%
 
2004
2003
0.95%
 
2005
2004
1.73%
 
2006
2005
3.33%
 
2007
2006
5.09%
 
2008
2007
4.81%
 
2009
2008
2.14%
 
2010
2009
0.29%
 
2011
2010
0.21%
 
2012
2011
0.08%
 
2013
2012
0.15%
 
2014
2013
0.085%
 
2015
2014
0.060%
 
2016
2015
0.085%
 
2017
2016
0.340%
 
2018
2017
1.130%
 
2019
2018
2.085%
 
2020
2019
2.040%
 
2021
2020
0.165%
 
2022
2021
0.050%
 
OTS-3381.1
AMENDATORY SECTION(Amending WSR 21-01-210, filed 12/23/20, effective 1/1/21)
WAC 458-30-262Agricultural land valuationInterest rateProperty tax component.
For assessment year ((2021))2022, the interest rate and the property tax component that are used to value classified farm and agricultural lands are as follows:
(1) The interest rate is ((5.70))5.62 percent; and
(2) The property tax component for each county is:
county
percent
county
percent
Adams
((1.24))1.25
Lewis
((1.09))0.97
Asotin
((1.07))1.15
Lincoln
1.15
Benton
((1.15))1.09
Mason
((1.15))1.04
Chelan
0.99
Okanogan
((1.15))1.17
Clallam
((1.01))1.03
Pacific
((1.20))1.10
Clark
1.08
Pend Oreille
((1.01))0.98
Columbia
((1.19))1.16
Pierce
((1.27))1.22
Cowlitz
((1.05))1.07
San Juan
((0.73))0.72
Douglas
((1.09))1.11
Skagit
((1.08))1.06
Ferry
((1.02))1.06
Skamania
((1.07))1.04
Franklin
0.99
Snohomish
((1.03))0.97
Garfield
((1.02))1.25
Spokane
((1.21))1.17
Grant
((1.15))1.10
Stevens
((0.95))0.91
Grays Harbor
((1.22))1.19
Thurston
((1.26))1.24
Island
0.90
Wahkiakum
((0.82))0.79
Jefferson
((1.00))0.99
Walla Walla
1.24
King
((0.99))1.01
Whatcom
((1.05))1.01
Kitsap
((1.03))1.02
Whitman
((1.41))1.42
Kittitas
((0.90))0.91
Yakima
((1.20))1.14
Klickitat
((1.01))0.97
 
 
OTS-3382.1
AMENDATORY SECTION(Amending WSR 21-01-210, filed 12/23/20, effective 1/1/21)
WAC 458-30-590Rate of inflationPublicationInterest rateCalculation.
(1) Introduction. This rule provides the rates of inflation discussed in RCW 84.34.330 and WAC 458-30-550 ExemptionRemoval or withdrawal. It also explains the department of revenue's (department) obligation to annually publish a rate of inflation and the manner in which this rate is determined.
(2) General duty of department - Basis for inflation rate. Each year the department determines and publishes a rule establishing an annual rate of inflation. This rate of inflation is used in computing the interest that is assessed when farm and agricultural or timber land, which are exempt from special benefit assessments, is withdrawn or removed from current use classification.
(a) The rate of inflation is based on the implicit price deflator for personal consumption expenditures calculated by the United States Department of Commerce. This rate is used to calculate the rate of interest collected on exempt special benefit assessments.
(b) The rate is published by December 31st of each year and applies to all withdrawals or removals from the farm and agricultural or timber land classifications that occur the following year.
(3) Assessment of rate of interest. An owner of classified farm and agricultural or timber land is liable for interest on the exempt special benefit assessment. Interest accrues from the date the local improvement district is created until the land is withdrawn or removed from classification. Interest accrues and is assessed in accordance with WAC 458-30-550.
(a) Interest is assessed only for the time (years and months) the land remains classified under RCW 84.34.020 (2) or (3).
(b) If the classified land is exempt from the special benefit assessment for more than one year, the annual inflation rates are used to calculate an average rate of interest. This average is determined by adding the inflation rate for each year the classified land was exempt from the special benefit assessment after the local improvement district was created. The sum of the inflation rates is then divided by the number of years involved to determine the applicable rate of interest.
(c) Example. A local improvement district for a domestic water supply system was created in January 2010 and the owner used the statutory exemption provided in RCW 84.34.320. On July 1, 2017, the land was removed from the farm and agricultural classification. An average interest rate was calculated using the inflation rates for 2010 through 2017. The owner was then notified of the amount of previously exempt special benefit assessment, plus the average interest rate.
(4) Rates of inflation. The rates of inflation used to calculate the interest as required by WAC 458-30-550 are as follows:
YEAR
PERCENT
YEAR
PERCENT
1976
5.6
1977
6.5
1978
7.6
1979
11.3
1980
13.5
1981
10.3
1982
6.2
1983
3.2
1984
4.3
1985
3.5
1986
1.9
1987
3.7
1988
4.1
1989
4.8
1990
5.4
1991
4.2
1992
3.3
1993
2.7
1994
2.2
1995
2.3
1996
2.2
1997
2.1
1998
0.85
1999
1.42
2000
2.61
2001
1.89
2002
1.16
2003
1.84
2004
2.39
2005
2.54
2006
3.42
2007
2.08
2008
4.527
2009
-0.85 (negative)
2010
1.539
2011
2.755
2012
1.295
2013
1.314
2014
1.591
2015
0.251
2016
0.953
2017
1.553
2018
2.169
2019
1.396
2020
0.602
2021
3.860