Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1951 NO. 98 >

1. Deeds by which tenants in common partition the land in accordance with their respective undivided interests are transactions subject to the Real Estate Sales Tax.2. Deeds by which heirs to an undivided interest in real property partition the same in accordance with such undivided interest for the purpose of having such division embodied in a decree of distribution constitute transactions subject to the Real Estate Sales Tax.

AGO 1957 NO. 99 >

Publicly owned land within a library district is subject to the district tax levy beginning on the next assessment date following passage of title into private ownership, provided such land is not included within the corporate limits of a city on March 1 of the assessment year.

AGO 1964 NO. 99 >

Canned salmon which has been manufactured or produced in states, territories or possessions of the United States outside the boundaries of the state of Washington may qualify for the property tax exemption provided for in RCW 84.36.171, et seq. , if the required affidavit of exemption is filed as required thereby and if the salmon is shipped out of this state by December 31 of the year for which the exemption is claimed.

AGO 1966 NO. 99 >

In the event that H.J.R. No. 7 is approved by the voters at the November, 1966, general election, the real property tax exemption made contingent upon the passage thereof in chapter 168, Laws of 1965, Ex. Sess., will become operative without further legislation and will apply to the first fifty dollars of real property taxes due and payable against real property owned and occupied by an eligible claimant for the year for which the exemption is claimed.

AGO 1951 NO. 99 >

Where a purchaser under a contract to purchase real property assigns his interest in said contract to another who assumes the original contractual obligation for payment of the unpaid balance, the measure of the Real Estate Sales Tax is the sum of the consideration paid or contracted to be paid to the assignee for said assignment plus the unpaid principal balance due on.

AGO 1960 NO. 100 >

(1) The transfer of real property to a corporation by the sole stockholder, the consideration being the issuance of common stock to said stockholder, constitutes a sale under chapter 28.45 RCW, the real estate excise tax statute.  (2) The board of county commissioners is not legally authorized to waive payment of the tax in the described transaction.

AGO 1951 NO. 100 >

An option to purchase real estate does not amount to a contract to convey land.  In consequence, a conveyance of real property after the effective date of the ordinance imposing the Real Estate Sales Tax is subject to that tax, not being entitled to the exemption granted to transfers in compliance with contracts to convey entered prior to the effective date of such ordinance.

AGO 1951 NO. 101 >

A transfer of real property or an interest therein, by a corporation to its shareholders as surplus assets in voluntary dissolution proceedings is not subject to the Real Estate Sales Tax.

AGO 1957 NO. 101 >

Persons who farm and who also engage in the business of doing custom farm work are liable for business and occupation tax upon the gross income of such custom work.In the absence of fraud, the commission may assess taxes for all years subsequent to 1946 against taxpayers who should have, but failed to register as required under the revenue act.

AGO 1953 NO. 101 >

(1) Personal property (farm machinery) is subject to property taxation where an Indian resides within the Colville Indian Reservation and cultivates land on an allotment for which he holds a fee patent. (2) Personal property (farm machinery) of an Indian is subject to property taxation where such Indian resides on an allotment for which a trust patent was issued, regardless of whether such land is located inside or outside the boundaries of the Colville Indian Reservation. (3) In the case of intermarriage between an Indian woman and a white man, nonissue personal property acquired by the parties after marriage is subject to property taxation, even though such personalty is sued upon trust patent land.  Issue property acquired by the Indian prior to marriage, which is subsequently identifiable, and that acquired by the Indian after marriage which has not lost its identity as issue property, is not subject to property taxation. (4) Land located within the Colville Indian Reservation which is owned by nonIndians is subject to property taxation. (5)  Permanent improvements upon land being held by Indians under trust patents are not subject to property taxation as personalty.