[WSBARP] "Excise" versus "Transfer"

[Craig Blackmon]

Per RCW 82.45.080: "The tax levied under this chapter is the obligation of
the seller...."  Can the parties contractually shift this statutory burden?
I've argued "no" before...

Craig

Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
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On Thu, May 25, 2017 at 1:09 PM, Bickel, Dwight <Dwight.Bickel at fntg.com>
wrote:

> It might help people understand if you called it by the correct name; it
> is a real estate sales tax. There should be no reasonable debate that it is
> a transfer tax.
>
>
>
> If the buyer agrees in a real estate purchase and sale agreement to pay
> the real estate sales tax, the amount paid by the purchaser is additional
> consideration that must be added to the price that is also taxed.
>
>
>
> Computing the extra tax on the increased taxable amount requires a bit of
> algebra [see, we really did need to learn it!]:
>
> Initial Purchase Price / (1.00 – [local excise tax rate (.0228)]) =
> Adjusted Purchase Price subject to tax
>
> Thus, a $250,000 price in an area with that tax rate, divided by .9772,
> results in an adjusted price of $255,832.99.
>
>
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