[WSBARP] REET Supp. Excise tax statement can't be signed by P of A?

[Claudia A Gowan]

Hi, Josh, it does seem odd. Maybe the County Treasurer is interpreting the rules strictly? The below clearly states that for REET purposes, the REETA can be signed by an agent. However see 201(5)(a) below, the supplemental statement is to be signed by grantor and grantee. IMHO, the Treasurer’s office is interpreting the rules too strictly. Common sense suggests that the agent could also sign the supplemental statement to the affidavit in compliance with the purposes of the chapter.

458-61A-102(1)

Definitions.
For the purposes of chapter 458-61A WAC, the following definitions apply unless the context requires otherwise:

(1) "Affidavit" means the real estate excise tax affidavit provided by the department for use by taxpayers in reporting transfers of real property. Both the seller/grantor and the buyer/grantee, or their agents, sign the affidavit under penalty of perjury includes the form used to report to the department transfers and acquisitions of a controlling interest in an entity owning real property in this state under WAC 458-61A-. The term also 101.

458-61A-201(5)(a)

(5) Documentation.
(a) A completed real estate excise tax affidavit is required for transfers by gift. A supplemental statement approved by the department must be completed and attached to the affidavit. The supplemental statement will attest to the existence or absence of underlying debt on the property, whether the grantee has or will in the future make any payments on the debt, and whether a refinance of debt has occurred or is planned to occur. The statement must be signed by both the grantor and the grantee.

Best, Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
1001 Fourth Avenue, Suite 3200
Seattle, WA 98154
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Wednesday, August 05, 2020 11:51 AM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] REET Supp. Excise tax statement can't be signed by P of A?

My client as P of A for her mom signed a gift deed for the grantor. County Treasurer returned everything including the  supplemental statement REET form which accompanied the gift deed .  With the notation that a P of A can not sign the supplemental statement REET form !!  Where did that come from?  So a P of A can sign a deed conveying real property but can’t the supplemental statement REET form which just says it’s a gift and there is no loan on the property. Seems odd to me.

(They also said the Auditor needed 2 checks one for the $10 on the REET form and the rest for the recording fee.)

Josh
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200805/78316607/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 7674 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200805/78316607/image001.png>