[WSBARP] Deed Excise tax question

[Craig Blackmon]

Nestor, I have a matter right now where tenants were both on the debt, but
all payments came from and would come from one and not the other. By
telephone, the state confirmed that this would be an exception to the
general rule, and the taxpayers would be audited and expected to prove up
the assertion. But if true, then there would be no excise tax due on the
conveyance.

So if your tenants fall into this exception, seek a ruling from the DOR via
its web site <https://dor.wa.gov/forms/request-tax-ruling>. You can then
use a copy of that email to get the deed recorded - and prepare the clients
for the eventual audit.

Otherwise, the rule applies and the tax is due.

Craig
Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
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On Thu, Nov 15, 2018 at 11:05 AM <nestor at pplsweb.com> wrote:

> Yes, both are obliged under the DT. Thanks for the confirmation.
>
>
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Lanza
> *Sent:* Thursday, November 15, 2018 10:49 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Deed Excise tax question
>
>
>
> Are both tenants co-obligors on the note?
>
>
>
> If so, I agree that tax is due on 50% of the obligation.
>
>
>
> WAC 458-61A-201(6)(vi) sounds like it fits your facts.
>
>
>
> Eric J. Lanza, J.D.
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> 1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *nestor at pplsweb.com
> *Sent:* Thursday, November 15, 2018 9:04 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Deed Excise tax question
>
>
>
> I need to know if my analysis is correct. 2 own as tenants in common. One
> cotenant will deed to other as gift, however there is an outstanding DT on
> property. Is excise tax paid on ½ of the outstanding principal balance of
> the DT?
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
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