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

[Eric Nelsen]

Subsec (2) applies even after the divorce, so long as the transfer is required by the final divorce decree (which presumably incorporates the settlement agreement). Subsec (4) does confirm that:

(4) Former spouses or domestic partners. Transfers of real property between ex-spouses or former domestic partners that are independent of any settlement agreement incident to their decree of dissolution or decree of invalidity are subject to the real estate excise tax, unless otherwise exempt under this chapter.

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>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Samuel M. Meyler
Sent: Thursday, October 14, 2021 10:47 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>

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/20211014/376ba847/attachment.html>