[WSBARP] Excise tax Dissolution

[Inge Fordham]

Yes, provided the transfer is as agreed upon in a settlement agreement or decree of dissolution, you can cite WAC 458-61A-203 and put the explanation in the comments.  A certified copy of the decree is not necessary.  (In contrast, for transfers under a probated will, for example, you must submit a certified copy of the letters testamentary, which requirement is specifically stated in the WAC.)


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of "nestor at pplsweb.com" <nestor at pplsweb.com>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Thursday, April 23, 2020 at 10:18 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Excise tax Dissolution

PC was divorced from wife last year. The judgment or decree allowed one spouse to reside and pay rent/ expenses and one PC can refinance and buy out the former spouse for 40% of the net value. They agreed on a set amount for buyout. I just want to confirm that WAC 458-61A-203 exempts this from Excise tax, and if so do we need to file a certified copy of the Divorce Order or just refer to it in the comments of the REETA.

Thanks.


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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