(1)
Introduction. This rule describes the qualifications a person
(claimant) must meet to qualify for a deferral of special assessments and/or
real property taxes on residential housing.
(2)
Qualifications for deferral.
A claimant may defer payment of special assessments and/or real property taxes
on up to eighty percent of the amount of their equity value in their residence
if the following conditions are met:
(a)
Ownership. The claimant must have owned, at the time of filing, the residence
on which the special assessment and/or real property taxes have been imposed.
For purposes of this rule, a residence owned by a marital community, a state
registered domestic partnership, or cotenants will be deemed to be owned by
each spouse, each domestic partner, and each cotenant. A claimant who has only
a share ownership in cooperative housing, a life estate, a lease for life, or a
revocable trust does not satisfy the ownership requirement.
(b) Fire and casualty insurance. If the
amount deferred will exceed one hundred percent of the claimant's equity value
in the land or lot only, the claimant must have and keep in force fire and
casualty insurance in sufficient amount to protect the interest of the state of
Washington and designate the state as a loss payee on the policy. The deferred
amount may not exceed the amount of the insured value of the improvement plus
the land value.
(c) Installment
method. For special assessment deferrals, the claimant must have opted for
payment of the special assessments on the installment method if that method was
available.
(d) Income. The claimant
must have a combined disposable income, as defined in
RCW
84.36.383, equal to or less than the income
threshold defined in
RCW
84.38.020.
(e) Age. The claimant must be sixty years of
age or older on December 31st of the year in which the deferral claim is filed,
or must have been at the time of filing, retired from regular gainful
employment by reason of disability as defined in
RCW
84.36.383. However, any surviving spouse,
surviving domestic partner, heir, or devisee of a person who was receiving a
deferral at the time of the person's death qualifies if the surviving spouse,
surviving domestic partner, heir, or devisee is fifty-seven years of age or
older and meets the requirements of the deferral.
(f) Other requirements. The claimant must
meet all requirements for an exemption for a residence under
RCW
84.36.381, other than the age and income
requirements, and to the extent eligible, must have first applied for the
exemptions under
RCW
84.36.381 through
84.36.389 prior to filing a
declaration to defer.
Notes
Wash. Admin. Code
§
458-18-020
Amended by
WSR
16-06-043, Filed 2/24/2016, effective
3/26/2016
Amended by
WSR
20-04-016, Filed 1/24/2020, effective
2/24/2020
Statutory Authority:
RCW
84.38.180. 08-16-077, § 458-18-020,
filed 7/31/08, effective 8/31/08; 92-15-057, § 458-18-020, filed 7/13/92,
effective 8/13/92; 88-13-042 (Order PT 88-9), § 458-18-020, filed 6/9/88;
84-21-010 (Order PT 84-4), § 458-18-020, filed 10/5/84; 81-05-020 (Order
PT 81-8), § 458-18-020, filed 2/11/81; Order PT 76-1, § 458-18-020,
filed 4/7/76.