[WSBARP] WAC 458-61A-203(2) Excise Tax Exemption
Samuel M. Meyler
samuel at meylerlegal.com
Thu Oct 14 10:46:51 PDT 2021
Listmates,
WAC 458-61A-203(2) provides the following excise tax exemption: "The real
estate excise tax does not apply to any transfer, conveyance, or assignment
of property or interest in property from one spouse or domestic partner to
the other in fulfillment of a settlement agreement incident to a decree of
dissolution, declaration of invalidity, or legal separation." I emphasize
the words "spouse" and "domestic partner" because it is distinguishable from
the language in Subsection 4, which references "ex-spouses" and "former
domestic partners."
https://apps.leg.wa.gov/wac/default.aspx?cite=458-61A-203
In order for WAC 458-61A-203(2) to apply, is it necessary for the transfer
to take place prior to the divorce decree/order being entered by the court,
such that the grantor and grantee are still technically married? Or does
WAC 458-61A-203(2) apply even after the divorce decree/order has been
entered as long as the transfer is in fulfillment of a settlement agreement
incident to the divorce decree/order?
Thanks in advance!
Sam
Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel: 206.876.7770
Fax: 206.876.7771
Email: <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com
NOTICE:
This electronic message contains information which may be Confidential or
Privileged and constitutes an electronic communication within the meaning of
the Electronic Communications Privacy Act 18 USC 2510. The information is
intended to be for the use of the individual or entity named above. If you
are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the contents of this information is
prohibited. If you received this transmission in error, please notify the
sender and delete the copy you received together with any attachments.
Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211014/d066c492/attachment.html>
More information about the WSBARP
mailing list