[WSBARP] Excise tax question

Mon Oct 31 09:05:56 PDT 2016

Doris,
       WAC 458-61A-103 is not much help. I usually just call our county treasurer  who is very helpful and wiling to talk these things through. In King County, you may not have as good access. I have had to call the Departmet of Revenue a couple of times and found they were pretty helpful. The child, as between the child and creditor, is being relieved of the entire debt. As between the child and the parents and their contractual obligations among themselves, the child is being relieved of 1/3. I would argue the latter is correct since under the first rational, if the creditor relieved them all of the debt, each would have to pay excise tax on the full amount, an absurd result.

Steve

Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
swhite8893 at aol.com

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Today's Topics:

1. Excise Tax Question (Doris Eslinger)
2. Re: Fax Lines? (Doris Eslinger)

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Message: 1
Date: Sat, 29 Oct 2016 12:46:15 -0700
From: "Doris Eslinger" <doris at eslingerlawoffice.com>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Excise Tax Question
Message-ID: <00c401d2321d$1c8c1ab0$55a45010$@com>
Content-Type: text/plain; charset="us-ascii"

Parents and Child bought real estate in 2006 as tenants in common. Parents
and Child were on deed of trust and all three paid mortgage equally. The
house was a rental until 2011 when Parents moved into the house and
refinanced the loan in their names only. Parents are the only ones paying
mortgage since 2011. During the 2011 refinancing, Child wanted to exit
title but escrow agent advised them to leave the deed alone because it would
be expensive. Because Parents have two children and is doing estate
planning, Parents prefer Child exit title now and Child wants to quit claim
her interest to parents, there's a 90K mortgage balance on it now and no
consideration will change hands (except Parents will continue to pay
mortgage). The balance at the time of 2011 refinancing was $100K. Parents
do not mind pay excise tax. Is the excise tax 1/3 of $90K (today's mortgage
balance). Could DOR assert that the 2011 refinancing was a sale that
should have triggered excise tax? I don't think so because Child's name was
on title then. Parents do not mind paying excise tax from the time of
refinancing, plus interest. Parents really don't want to get audited and
have to deal with the audit. I may be over thinking this and appreciate any
insights. Thank you!

Regards, 

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC 
2200 112th Ave NE | Suite 200 | Bellevue, WA 98005 | Phone: (425) 451-3237 |

Fax: (425) 633-2468 | <mailto:doris at eslingerlawoffice.com>
doris at eslingerlawoffice.com | <http://www.eslingerlawoffice.com/>
eslingerlawoffice.com 

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Message: 2
Date: Sun, 30 Oct 2016 06:28:28 -0700
From: "Doris Eslinger" <doris at eslingerlawoffice.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Fax Lines?
Message-ID: <002d01d232b1$806e7b10$814b7130$@com>
Content-Type: text/plain; charset="utf-8"

I use Nextivafax.com. It works well. Here?s a link to their pricing: https://www.nextiva.com/products/online-fax-email.html

Regards, 

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC 
2200 112th Ave NE | Suite 200 | Bellevue, WA 98005 | Phone: (425) 451-3237 | 
Fax: (425) 633-2468 | <mailto:doris at eslingerlawoffice.com> doris at eslingerlawoffice.com | <http://www.eslingerlawoffice.com/> eslingerlawoffice.com 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of AF Gibbs
Sent: Thursday, October 27, 2016 12:15 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Fax Lines?

I'm similar in that legacy systems/companies/people sometimes prefer sending/receiving faxes. I use metrofax.com for my faxing. I think I pay $4.95 per month.

Gibbs Law Offices
Anthony F. Gibbs
Attorney & Counselor at Law
15600 Redmond Way
Suite 101
Redmond, WA 98052
Ph: 206.734.4374
Cell: 307.220.8303
Fax: 206.971.5053
Email: gibbslawoffices at gmail.com
Web: www.gibbslawoffices.com
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On Oct 27, 2016 12:11 PM, "Jan Kelly" <jan at jankellylaw.com> wrote:

I still have a dedicated fax line, but only because I want to retain the phone number (for non-relevant reasons). I have not needed it as a fax in 4 years.

On Thu, Oct 27, 2016 at 11:44 AM, Paul <pneumiller at hotmail.com> wrote:

Office Management Question: Have any of you solo or small office practitioners dropped your dedicated fax line and have any problems??? My local Sheriff?s department is the only one using my fax line for the past eight years on a consistent basis and they say they can just mail their stuff to me (which is not time-sensitive anyway). 

What say you? Is this 20th Century technology I can safely drop? Aren?t the courts allowing filing by email instead of by fax?

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