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HomeMy WebLinkAbout3288 ORDI CE NO. Y. FF AN ORDINANCE levying leasehold excise tax on publicly owned real and personal property in the City of Bremerton through a "leaghold interest". THE CITY OF BREMERTON DOES ORDAIN: Section 1. There is hereby levied and shall be collected a leashold excise tax on and after ~i~ 1, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within the City of Bremerton through a "leasehold interest" as defined by section 2, chapter 61, Laws of 1975-76, Second Extraordinary Session (hereafter "the state act"). The tax shall be paid, collected, and remitted to the department of revenue of the State of Washington at the time and in the manner prescribed by section 5 of the state act. Section 2. The rate of the tax imposed by section 1 shall be ~ % of the taxable rent (as defined by section 2 of the state act): PROVIDED, That the following credits shall be allowed in determining the tax payable: (1) With respect to a leasehold interest arising out of any lease or agreement, the terms of which were binding on the lessee prior to July 1, 1970, where such lease or agreement has not been renegotiated (as defined by section 2 of the state act) since that date, and excluding from such credit (a) any leasehold interest arising out of any lease of property covered by the provisions of RCW 28B.20.394 and (b) any lease or agreement including options to renew which extends beyond January 1, 1985, as follows: With respect to taxes due in calendar year 1976, a credit equal to eighty percent of the tax produced by the above rate. With respect to taxes due in calendar year 1977, a credit equal to sixty percent of the tax produced by the above rate. With respect to taxes due in calendar year 1978, a credit equal to forty percent of the tax produced by the above rate. With respect to taxes due in calendar year 1979, a credit equal to twenty percent of the tax produced by the above rate. (2) With respect to a product lease (as defined by section 2 of the state act), a credit of thirty-three percent of the tax produced by the above rate. Section 3. The administration and collection of the tax imposed by this ordinance shall be in accordance with the provisions of the state act. Section 4. Leasehold interests exempted by section 13 of the state act as it now exists or may hereafter be amended shall be exempt from the tax imposed pursuant to Section 1 of this ordinance. Section 5. The City of Bremerton hereby consents to the inspection of such records as are necessary to qualify the City of Bremerton for inspection of records of the department of revenue pursuant to RCW 82.32.330. Section 6. The Mayor is authorized to execute a contract with the department of revenue of the state of Washington for the administration and collection of the tax imposed by section 1: PROVIDED, that the city attorney shall first approve the form and content of said contract. Section 7. If any provision of this ordinance, or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. APPROVED by the City Council on the first reading this ~ ~ day of April, 1976. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this /~ day of Ap~i!, 1976. ~RT B~ STE~"RT, ~ PR~T~ ATTEST: /,d~I~HN ROS$~ DEPUTY' CITY, CLERK·