[WSBARP] CIR and excise tax

[Jeanne Dawes]

Could you not characterize it as a gift?  Also, you might want to consider having them enter into a Status of Property Agreement, to assure that down the road claims cannot be made by the person transferring interest or his or her heirs.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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From: wsbarp-bounces at lists.wsbarppt.com On Behalf Of Eric Nelsen
Sent: Tuesday, February 25, 2020 10:27 AM
To: cole-gilday at stanwoodlaw.net; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] CIR and excise tax

I think people do get confused easily on that issue because people talk about "domestic partner" casually as if that included CIRs, without realizing that the phrase as used in the WAC means specifically a state-registered domestic partnership under RCW 26.60<https://app.leg.wa.gov/RCW/default.aspx?cite=26.60&full=true>. See WAC 458-61A-102(7)<https://apps.leg.wa.gov/wac/default.aspx?cite=458-61A-102> for definition of domestic partner.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: Robert R. Cole <cole-gilday at stanwoodlaw.net<mailto:cole-gilday at stanwoodlaw.net>>
Sent: Tuesday, February 25, 2020 10:24 AM
To: Eric Nelsen <Eric at sayrelawoffices.com<mailto:Eric at sayrelawoffices.com>>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] CIR and excise tax


Thanks, that is what I told my client but she was advised differently elsewhere.
Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

This message contains confidential and privileged information that is intended only for the named recipient(s).  Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information.  If you receive this communication in error, please notify the sender immediately.

On 2/25/2020 10:21 AM, Eric Nelsen wrote:
No REET exemption for transfer/creation of separate property from community property under RCW 458-61A-203<https://apps.leg.wa.gov/wac/default.aspx?cite=458-61A-203> if not married and not a state-registered domestic partnership. Ordinary CIR gets no tax break, unfortunately.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Robert R. Cole
Sent: Tuesday, February 25, 2020 10:02 AM
To: WSBA Probate & Trust Listserv <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] CIR and excise tax


Couple are in obvious CIR (children together).  One is buying the other out of the family home.  Any exemption??  Or must they be legally married?
--
Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

This message contains confidential and privileged information that is intended only for the named recipient(s).  Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information.  If you receive this communication in error, please notify the sender immediately.

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