Revised Code of Washington
Chapter 82.45 - Excise Tax on Real Estate Sales.
82.45.033 - "Controlling interest" defined.

RCW 82.45.033
"Controlling interest" defined.

(1) As used in this chapter, the term "controlling interest" has the following meaning:
(a) In the case of a profit corporation, either fifty percent or more of the total combined voting power of all classes of stock of the corporation entitled to vote, or fifty percent of the capital, profits, or beneficial interest in the voting stock of the corporation; and
(b) In the case of any other corporation, or a partnership, association, trust, or other entity, fifty percent or more of the capital, profits, or beneficial interest in such corporation, partnership, association, trust, or other entity.
(2) The department may, at the department's option, enforce the obligation of the seller under this chapter as provided in this subsection (2):
(a) In the transfer or acquisition of a controlling interest as defined in subsection (1)(a) of this section, either against the corporation in which a controlling interest is transferred or acquired, against the person or persons who acquired the controlling interest in the corporation or, when the corporation is not a publicly traded company, against the person or persons who transferred the controlling interest in the corporation; and
(b) In the transfer or acquisition of a controlling interest as defined in subsection (1)(b) of this section, either against the entity in which a controlling interest is transferred or acquired or against the person or persons who transferred or acquired the controlling interest in the entity.

[ 2019 c 424 § 4; 2010 1st sp.s. c 23 § 208; 1993 sp.s. c 25 § 505.]
NOTES:

Automatic expiration date and tax preference performance statement exemption—Effective date—2019 c 424: See notes following RCW 82.45.060.


Effective date—2010 1st sp.s. c 23: See note following RCW 82.32.655.


Findings—Intent—2010 1st sp.s. c 23: See notes following RCW 82.04.220.


Severability—Effective dates—Part headings, captions not law—1993 sp.s. c 25: See notes following RCW 82.04.230.


Findings—Intent—1993 sp.s. c 25: See note following RCW 82.45.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 82 - Excise Taxes

Chapter 82.45 - Excise Tax on Real Estate Sales.

82.45.010 - "Sale" defined.

82.45.020 - "Seller" defined.

82.45.030 - "Selling price," "total consideration paid or contracted to be paid," defined.

82.45.032 - Additional definitions.

82.45.033 - "Controlling interest" defined.

82.45.035 - Determining selling price of leases with option to purchase—Mining property—Payment, security when selling price not separately stated.

82.45.060 - Tax on sale of property.

82.45.065 - Tax preferences—Expiration dates.

82.45.070 - Tax is lien on property—Enforcement.

82.45.080 - Tax is seller's obligation—Choice of remedies.

82.45.090 - Payment of tax and fee—Evidence of payment—Recording—Sale of beneficial interest.

82.45.100 - Tax payable at time of sale—Interest, penalties on unpaid or delinquent taxes—Notice—Prohibition on certain assessments or refunds—Deposit of penalties.

82.45.105 - Single-family residential property, tax credit when subsequent transfer of within nine months for like property.

82.45.150 - Applicability of general administrative provisions—Departmental rules, scope—Real estate excise tax affidavit form—Departmental audit.

82.45.180 - Disposition of proceeds.

82.45.190 - Exemptions—State route No. 16 corridor transportation systems and facilities.

82.45.195 - Exemptions—Standing timber sales.

82.45.197 - Exemptions—Inheritance—Documents required.

82.45.210 - State assistance for county electronic processing and reporting of taxes—Grant program.

82.45.220 - Failure to report transfer of controlling interest.

82.45.230 - Accounts into which tax is deposited.

82.45.235 - Tax treatment—Transactions structured to reduce or avoid tax.

82.45.900 - Chapter 82.46 RCW ordinances in effect on July 1, 1993—Application under chapter 82.45 RCW.