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

[Eric Nelsen]

Yes, it does definitely intentionally exclude CIR partners. CIR is a court-made doctrine and divisions of real property pursuant to a CIR are subject to excise tax. That said—I haven’t had to deal with an actual court-ordered transfer in a CIR division; it has always been by settlement.

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>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, October 14, 2021 11:05 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WAC 458-61A-203(2) Excise Tax Exemption

This raises for me whether the wac intentionally excludes CIR partners?

Roger Hawkes, WSBA # 5173

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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
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Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

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