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Kittitas County Board of County Commissioners I County Code I Title 3 Revenue and ... Page 10 of 41
<br />3.08.100 Mining property defined - Conditional sale - Lease provisions.
<br />Where the transaction involved constitutes a conditional sale of mining property in which the buyer has
<br />the right to terminate the contract at any time, and/or a lease and option to buy mining property in
<br />which the lessee -buyer has the right to terminate the lease and option at any time, said transaction shall
<br />be taxable at the time of execution only on the consideration received by the seller or lessor for execution
<br />of such contract; provided, that the tax due on any additional consideration paid by the buyer and
<br />received by the seller shall be paid to the county Treasurer:
<br />1. At the time of termination; or
<br />2. At the time all of the transaction is completed except for the delivery of the deed to the buyer; or
<br />3. At the time when the buyer unequivocally exercises an option to purchase the property, whichever
<br />of the three events occur first.
<br />For the purpose of this chapter, "mining property" means property containing or believed to contain
<br />metallic minerals and sold or leased under terms which require the purchaser or lessor to conduct
<br />exploration or mining work thereon and for no other use; and "metallic minerals" does not include clays,
<br />coal, sand and gravel, peat, gypsite, or stone, including limestone. (Ord. 99-04, 1999; Ord. 79-1, 1979;
<br />Ord. 77-5,1977; Ord. 68-1 § 8, Vol. N, p. 533, 1968).
<br />3.08.110 Standing timber sale - Affidavit.
<br />Where the transaction involved constitutes a sale of standing timber under this chapter and the selling
<br />price is stated in such conveyance as being determinable in the future on the basis of footage removed
<br />or on a stumpage basis, it shall be the duty of the seller to execute and file with the county Treasurer the
<br />affidavit mentioned in KCC 3.08.080, stating, in addition to the other requirements, the legal description
<br />of the real property on which such standing timber is located and an estimate, to the best of his
<br />knowledge, of the selling price ultimately to be received, and shall pay to the county Treasurer under this
<br />chapter a sum equal to one percent of such estimated selling price, which sum shall not be credited by
<br />the Treasurer to the school fund but shall be retained in a separate account. On the expiration date of
<br />such timber contract, if not extended, or at the time cutting and removal is completed, whichever is
<br />earlier, it shall be the duty of the seller to execute and file with the county Treasurer an additional
<br />affidavit in the above form setting price actually paid. In the event such amount results in a tax greater
<br />than the sum theretofore paid on the estimate, the seller shall pay such additional amount to the county
<br />Treasurer, who shall thereupon place this amount, together with the sum originally deposited, to the
<br />credit of the school fund in the usual manner. In the event such amount is less than the original estimate,
<br />the Treasurer is directed to refund the excess payment to the taxpayer and credit the balance to the
<br />school fund as above. (Ord. 9904,1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 9, Vol. N, p. 533,
<br />1968).
<br />3.08.120 Affidavit filing - Copies.
<br />The Treasurer shall retain and file the original of the affidavit mentioned in KCC 3.08.080, and shall furnish
<br />one copy to the county assessor. (Ord. 99-04,1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 10, Vol.
<br />N, p. 533, 1968).
<br />https://www.co.kittitas.wa.us/boc/countycode/title03.aspx 12/7/2020
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