[WSBARP] Real Estate Excise Tax Exemption for conveyance to a Charitable Remainder Unitrust

[Mark Anderson]

I say start with WAC 458-61A-210 for the conveyance that transfers title to the property into the trust.

Then, after your client dies or 10 years passes (whichever is longer), the trust can convey the property to a charity.  This should be exempt from excise tax under WAC 458-61A-201.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Robert Condie
Sent: Tuesday, September 21, 2021 10:11 AM
To: Real Property List <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Real Estate Excise Tax Exemption for conveyance to a Charitable Remainder Unitrust

Good morning, Listmates. I hope this email finds you and yours all well.

My client is conveying unencumbered real property into a charitable remainder unitrust of which she or her estate are the sole beneficiaries for the longer of her lifetime or ten years. Then the property will be distributed to a charity.

I’m inclined to use WAC 458-61A-210 Irrevocable Trusts as the reason for an exemption from the application of real estate excise tax.

Is that the appropriate exemption, or does another exemption, e.g., WAC 458-61A-201, apply?

Thank you for sharing your collective wisdom on this issue.

With kind regards,

Robert G. Condie
Condie & Adams, PLLC

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