Revised Code of Washington
Chapter 82.45 - Excise Tax on Real Estate Sales.
82.45.090 - Payment of tax and fee—Evidence of payment—Recording—Sale of beneficial interest.

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

(1) Except for a sale of a beneficial interest in real property where no instrument evidencing the sale is recorded in the official real property records of the county in which the property is located, the tax imposed by this chapter must be paid to and collected by the treasurer of the county within which is located the real property that was sold. In collecting the tax the county treasurer must act as agent for the state. The county treasurer must cause a verification of payment evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to its recording or to the real estate excise tax affidavit in the case of used mobile home sales and used floating home sales. A receipt issued by the county treasurer for the payment of the tax imposed under this chapter is evidence of the satisfaction of the lien imposed in this section and may be recorded in the manner prescribed for recording satisfactions of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the county auditor for filing or recording until the tax is paid and the verification of payment affixed thereto; in case the tax is not due on the transfer, the instrument may not be so accepted until suitable notation of such fact has been made on the instrument by the treasurer. At the sale of a used mobile home, used manufactured home, used park model, or used floating home that has not been title eliminated, property taxes must be current in order to complete the processing of the real estate excise tax affidavit or other documents transferring title. Verification that the property taxes are current must be noted on the mobile home real estate excise tax affidavit or on a form approved by the county treasurer. For the purposes of this subsection, "mobile home," "manufactured home," and "park model" have the same meaning as provided in RCW 59.20.030.
(2) For a sale of a beneficial interest in real property where a tax is due under this chapter and where no instrument is recorded in the official real property records of the county in which the property is located, the sale must be reported to the department of revenue within five days from the sale date on such returns or forms and according to such procedures as the department may prescribe. Such forms or returns must be signed or electronically signed by both the transferor and the transferee and must be accompanied by payment of the tax due.
(3) Any person who intentionally makes a false statement on any return or form required to be filed with the department under this chapter is guilty of perjury under chapter 9A.72 RCW.

[ 2017 c 142 § 3; 2009 c 350 § 8; 2003 c 53 § 404; 1993 sp.s. c 25 § 506; 1991 c 327 § 6; 1990 c 171 § 7; 1984 c 192 § 2; 1980 c 154 § 4; 1979 ex.s. c 266 § 2; 1969 ex.s. c 223 § 28A.45.090. Prior: 1951 2nd ex.s. c 19 § 4; 1951 1st ex.s. c 11 § 11. Formerly RCW 28A.45.090, 28.45.090.]
NOTES:

Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.


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.


Effective date—1990 c 171 §§ 6, 7, 8: "Sections 6, 7, and 8 of this act shall take effect July 1, 1990." [ 1990 c 171 § 11.]


Purpose—Effective dates—Savings—Disposition of certain funds—Severability—1980 c 154: See notes following chapter digest.

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.