ORD 76-06 TAX UPON LEASEHOLD INTERESTSPOULSBO ORDINANCE NO. 76- 9
WINSLOW ORDINANCE NO. 76- 6
A JOINT ORDINANCE OF THE CITIES OF POULSBO AND
WINSLOW IMPOSING A TAX UPON LEASEHOLD INTERESTS
AS ESTABLISHED BY CHAPTER 61, LAWS OF 1975-76,
SECOND EXTRAORDINARY SESSION, PROVIDING FOR
ADMINISTRATION OF SAID TAX TO BE VESTED IN THE
STATE OF WASHINGTON DEPARTMENT OF REVENUE AND
PROVIDING FOR PENALTIES FOR VIOLATION OF SAID
ORDINANCE.
The City Councils of the Cities of Poulsbo and Winslow do
ordain as follows:
Section 1. There is hereby levied and shall be collected
a leasehold excise tax on and after January 1, 1976 upon the act
or privilege of occupying or using publicly owned real or personal
property within the cities of Poulsbo and Winslow, respectively,
through a "leasehold interest" as defined by Section 2, Chapter 61,
Laws of 1975-76, Second Extraordinary Session (hereafter "the state
act"). The tax shall be paid, collected, and remitted to the
Department of Revenue of the State of Washington at the time and
in the manner prescribed by Section 5 of the state act.
Section 2. The rate of the tax imposed by Section 1 shall be
four per cent (4%) of the taxable rent (as defined by Section 2
of the state act): PROVIDED, that the following credits shall be
allowed in determining the tax payable:
(1) With respect to a leasehold interest arising out of
any lease or agreement, the terms of which were binding on the
lessee prior to July 1, 1970, where such lease or agreement has
not been renegotiated (as defined by Section 2 of the state act)
since that date, and exluding from such credit (a) any leasehold
interest arising out of any lease of property covered by the
provisions of RCW 28B.20,394 and (b) any lease or agreement
including options to renew which extends beyond January 1, 1985,
as follows:
With respect to taxes due in calendar year 1976, a
credit equal to eighty per cent (80%) of the tax produced by the
above rate.
With respect to taxes due in calendar year 1977, a
credit equal to sixty per cent (60%) of the tax produced by the
above rate.
With respect to taxes due in calendar year 1978, a
credit equal to forty per cent (40%) of the tax produced by the
above rate.
With respect to taxes due in calendar year 1979, a
credit equal to twenty per cent (20%) of the tax produced by the
above rate.
(2) With respect to a product lease (as defined by
Section 2 of the state act), a credit of thrity-three per cent
33%) of the tax produced by the above rate~
Section 3. The administration and collection of the tax
imposed by this ordinance shall be in accordance with the provisions
of the state act.
Section 4. Leasehold interests exempted by Section 13 of the
state act as it now exists or may hereafter be amended shall be
exempt from the tax imposed pursuant to Section 1 of this ordinance.
Section 5. The Cities of Poulsbo and Winslow hereby consent
to the inspection of such records as are necessary to qualify each
city respectively for inspection of records of the Department of
Revenue pursuant to RCW 82.32.330.
Section 6. The Mayor of Poulsbo and the Mayor of Winslow is
each authorized to execute a contract with the Department of Revenue
of the State of Washington for the administration and collection of
the tax imposed by Section 1: PROVIDED, that the City Attorney
shall first approve the form and content of said contract.
Section 7. If any provision of this ordinance, or its
application to any person or circumstance is held invalid, the
remainder of the ordinance or the application of the provision
to other persons or circumstances is not affected.
Section 8. Any person who willfully violates any of the
provisions of this Act shall be deemed guilty of misdemeanor and
may be punished by imposition of a fine of not more than Five
Hundred Dollars ($500-00) or imprisonment for not more than six (6)
months, or both such fine and imprisonment.
The effective date of this Act shall be June 1, 1976.
ATTEST:
Mayor of Poulsbo
City Clerk
ATTEST:
City Clerk
APPROVED AS TO FORM:
Robert W. McKisson
of Beresford, Booth, Lehne, McKisson
& Baronsky
City Attorneys for the Cities of
Poulsbo and Winslow