[WSBARP] Sale of growing crop.
Craig Gourley
craig at glgmail.com
Tue Jan 26 09:53:00 PST 2021
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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