Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1969 NO. 3 > Jan 21 1969

The real estate excise tax provided for by chapter 28.45 RCW does not apply to a conveyance of real property from the owner thereof to himself as trustee for his own benefit, with the right to revoke the trust at any time prior to death being reserved, and with his children being designated as alternative beneficiaries in the event that the trust is not thus revoked prior to death.

AGLO 1977 NO. 6 > Feb 10 1977

A transfer of an interest in real property by a parent corporation to a subsidiary corporation, or by a subsidiary corporation to a parent corporation, is not subject to the one percent real estate excise tax under chapter 28A.45 RCW where the transferee corporation does not issue or transfer stock certificates to the transferor corporation in exchange for the interest in real property thus transferred.

AGO 1975 NO. 6 > Apr 3 1975

(1) The conveyance by a national bank of certain of its banking premises constitutes a "sale" within the meaning of RCW 28A.45.010 under the following circumstances:  (a) the purpose for the conveyance is compliance with a directive from the Comptroller of the Currency pursuant to 12 U.S.C.371d; (b) simultaneously with the conveyance the new owner of the property leases it back to the bank under a lease agreement which allows the bank to repurchase the premises at any time during the term of the lease; and (c) the bank is required, under the same lease agreement, to repurchase the premises in any event upon expiration of the term of the lease.  (2) Under these same circumstances, the agreement for a lease‑back with option to purchase is also a "sale" within the meaning of RCW 28A.45.010.

AGO 1957 NO. 8 > Jan 28 1957

An order by the court directing a sale of property owned by tenants in common and the sale thereafter is a taxable sale for real estate excise tax purposes.

AGO 1957 NO. 11 > Feb 1 1957

The selling price of real property for excise tax purposes includes the amount of any unpaid balance on any outstanding mortgage

AGO 1977 NO. 14 > Jun 29 1977

A transfer of real property from a corporation, prior to but in anticipation of its dissolution, to a partnership consisting of all of the shareholders of the corporation, is not subject to the one percent real estate excise tax under chapter 28A.45 RCW where, under the factual circumstances involved, the transferor corporation does not receive any valuable consideration in return.

AGO 1974 NO. 14 > Jul 17 1974

(1) A conveyance of real estate by a corporation to its shareholders in partial liquidation of the corporation, or in partial redemption of its stock, is a transfer for valuable consideration and thus is subject to the one percent real estate excise tax under RCW 28A.45.010. (2) In such a case, the "selling price" or measure of consideration under RCW 28A.45.030 is the market value of the stock, if ascertainable, or the fair market value of the real property if the value of the stock is not readily determinable.

AGO 2006 NO. 18 > Oct 9 2006

1. If a city has chosen not to impose the optional sales and use tax authorized by RCW 82.14.030(2), and the county in which the city is located has chosen to impose the same tax, the revenue from the tax would go to the county.2. If a city chooses to impose a local real estate excise tax authorized by RCW 82.46.010 in lieu of the optional sales and use tax authorized by RCW 82.14.030(2), the city may not arrange for the county to continue to pay the city a portion of the revenue from the optional sales and use tax, unless the city and county have entered into a local service agreement under RCW 36.115.

AGO 1955 NO. 25 > Feb 17 1955

The real estate excise tax applies to a conveyance to a corporation by a husband and wife under a property settlement agreement which provides that a corporation be set up under the laws of the State of Washington and all community property be exchanged for the capital stock, divided as their interest appeared in the property.

AGO 1963 NO. 40 > Jul 25 1963

The board of county commissioners does not have the authority by ordinance or resolution to alter the definition of "sale" as it appears in chapter 28.45 RCW so as to exempt a transfer by a property owner to a corporation in which he holds more than a designated portion of the capital stock.

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