[WSBARP] WAC 458-61A-203(2) Excise Tax Exemption

[Steve Chianglin]

Hi Sam,
Saw your question.  I think your right that if it is for fulfillment of a settlement agreement, transfers still exempt from excise tax.  I have claimed the exemption in the past and no issues yet.

If you want DOR's blessing, you can always submit for a revenue ruling.  Request a tax ruling | Washington Department of Revenue<https://dor.wa.gov/contact/request-tax-ruling>


Regards,

Steve Chianglin - Attorney
[Harris Bricken]<http://harrisbricken.com/>
600 Stewart Street, Suite 1200
Seattle, Washington  98101
tel: 206.224.5657 - fax: 206.224.5659
cell: 206.915.6802
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Samuel M. Meyler <samuel at meylerlegal.com>
Sent: Thursday, October 14, 2021 10:46 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] WAC 458-61A-203(2) Excise Tax Exemption


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:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>



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