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PDFWAC 458-19-025

Restoration of regular levy.

(1) Introduction. This rule explains how a taxing district restores a regular property tax levy if it has not levied since 1985 and it elects to restore a regular property tax levy in accordance with RCW 84.55.015.
(2) Calculation of restored regular levy. If a taxing district has not levied since 1985 and it elects to restore a regular property tax levy, the first regular property tax payable as a result of the restored levy cannot exceed the lesser of:
(a) The combination of the following:
(i) The amount last levied plus,
(ii) A dollar amount calculated by multiplying the property tax levy rate which is proposed to be restored, by the increase in assessed value in the district since the last levy resulting from:
(A) New construction;
(B) Improvements to property;
(C) Increases in the assessed value of state assessed property; and
(D) Increases in assessed value due to the construction of wind turbine, solar, biomass, and geothermal facilities, if such facilities generate electricity and the property is not included elsewhere under chapter 84.55 RCW for purposes of providing an additional dollar amount. The property may be classified as real or personal property.
The levy rate that is proposed to be restored is determined by dividing the total dollar amount that was last levied by the district by the current year's assessed value after deducting the accumulated assessed values attributable to (A) through (D) of this subsection; or
(b) The maximum amount which could be lawfully levied by that district in the year the restored levy is proposed, subject to the statutory dollar rate limit contained in the taxing district's authorizing statute, without considering the calculation used in subsection (2)(a) of this rule.
(3) Example. Taxing district "A" has not levied a regular levy since 1985 when it levied $10,000 based upon 1985 assessed values and all lawful limitations at that time. The total increase since the 1985 assessment year in assessed value of property in the district as a result of new construction, improvements to property, increases in the assessed value of state assessed property, and increases in assessed value due to the construction of wind turbine, solar, biomass, and geothermal facilities beginning in 1986 through the current assessment year is $3,000,000. The assessed value of taxing district "A" for the current year is $15,000,000. The calculation for subsection (2)(a) of this rule is as follows:
Current year A.V. -
$15,000,000
Minus increases in new construction, improvements to property, etc., since 1985 -
- 3,000,000
 
$12,000,000
Amount levied in 1985 -
$10,000
Current year A.V. less increases in new
construction, improvements to property, etc., -
÷ $12,000,000
Levy rate proposed to be restored -
.000833
Increases in new construction, improvements to property, etc., -
x $3,000,000
Calculated dollar amount -
$2,500
Allowable 1985 levy -
+ 10,000
Allowable levy for current year (under subsection (2)(a) of this rule) -
$12,500
The amount calculated under subsection (2)(a) of this rule must be compared to the amount determined under subsection (2)(b) of this rule and the lesser of the two amounts is the maximum amount that can be levied.
(4) Assessor to maintain taxing district records. Records of value increases attributable to new construction, improvements to property, increases in the assessed value of state assessed property, and increases in assessed value due to the construction of wind turbine, solar, biomass, and geothermal facilities are to be maintained each year by the county assessor for each taxing district whether or not the district imposes a regular property tax levy.
[Statutory Authority: RCW 84.08.010, 84.08.070, 84.08.080, 84.48.200, 84.52.0502, and 84.55.060. WSR 15-03-087, § 458-19-025, filed 1/21/15, effective 2/21/15. Statutory Authority: RCW 84.08.010, 84.08.070, 84.48.080, 84.55.060, 84.52.0502, chapters 84.52 and 84.55 RCW, and RCW 34.05.230(1). WSR 02-24-015, § 458-19-025, filed 11/25/02, effective 12/26/02. Statutory Authority: RCW 84.55.060 and 84.08.070. WSR 94-07-066, § 458-19-025, filed 3/14/94, effective 4/14/94.]
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