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February 26, 2009

Det. No. 08-0169, 28 WTD 25 (2009) - A corporate taxpayer requests a refund of additional real estate excise tax (REET) it paid under protest on its sale of the controlling interest of a limited partnership, which owned real estate in Washington.  The corporation contends REET should have been measured by the partnership’s value, which included encumbered real estate.  The market value assessment for the property maintained on the county property tax rolls was the appropriate measure of REET.  Petition denied in part and granted in part, with a partial refund.

Det. No. 08-0203, 28 WTD 29 (2009) - Corporate sales manager protests the assessment of individual trust fund liability for retail sales tax collected by the corporation but not remitted to the state. We grant the petition.

Det. No. 08-0212E, 28 WTD 35 (2009) - Taxpayer appeals a ruling that real estate excise tax (REET) applies to conveyances of real property made pursuant to non-judicial foreclosures of second lien deeds of trust.  We grant taxpayer’s petition and hold that non-judicial foreclosures of second lien deeds of trust are exempt from real estate excise taxation, because the resultant transfers do not fit within the statutory definition of a “sale” of real property.













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