[WSBARP] Sale of growing crop.

[Craig Gourley]

Interesting. Thanks.  I recall back years ago we used Timber Deeds to transfer title to the trees without including the land.  I will need to look at this closer.  So if we treated it as a contract for personal property there would be no excise.  But if it is personal property then there is Sales or Use tax unless they get a resale certificate and treat it as inventory.  It will be interesting to see what excise does when we try to record a " contract" for timber.  Snohomish County already rejects perfectly normal recordings for no legitimate reason. This should be fun.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: Tuesday, January 26, 2021 8:03 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Sale of growing crop.


Are you even dealing with realty?  The last time I thought about this was law school, but check out RCW 62A.2-107.  RCW 62A.9A-334 might also come into play prior to harvest--or maybe not.

And this is just off the top of my head, but what about a lease of X years that defined what could be harvested during those years?

A deed just doesn't seem like the proper instrument to me.

Kary L. Krismer

206 723-2148
On 1/26/2021 7:52 AM, Craig Gourley wrote:
Listmates,  A new wrinkle in property transfers for me.  While I think the answer is straight forward and simple I thought it best to float it to the hive just in case.    Client wants to transfer ownership of a growing crop ( Christmas trees) to a buyer but retain title to the land.  I presume this would transfer by deed but limit the transfer to strictly the existing crop on a defined legal description.  Excise paid on the value of the crop.  Am I missing anything?  Thanks, Craig



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