| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to providing a real estate excise tax exemption for the sale of qualified affordable housing; |
| Bill Description | Providing a real estate excise tax exemption for the sale of qualified affordable housing. |
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What this bill does
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This bill amends existing Washington law governing the real estate excise tax (RCW 82.45.010 and related uncodified sections) to add and clarify exemptions for certain affordable housing and related transfers, and to revise the statutory definition of "sale." Key legal changes include new or amended tax-exemption rules for transfers of qualified low-income housing developments, transfers of residential property for persons with developmental disabilities to specified qualified entities, sales by affordable homeownership facilitators to low-income households, transfers to qualifying grantees that will use property for low-income housing, and sales of designated "qualified space" in affordable housing developments to nonprofit or public entities for exempt community purposes.
The bill modifies the definition of "sale" to include many forms of conveyance, lease-with-option, and transfers of controlling interests aggregated over any 36-month period; it treats option agreement execution as the relevant date for the 36-month aggregation rule and requires aggregation of persons acting in concert, with the unnamed department required to adopt rules to determine when persons act in concert. It adds procedural requirements such as affidavits to claim exemptions, timelines and compliance conditions for qualifying grantees (one year for existing housing, five years for new development, three years for substantial rehabilitation), recapture or tax-payment obligations and interest if timelines are missed, and a provision that if DSHS determines a residential property for persons with developmental disabilities fails health and safety requirements after a chance to fix them, the excise tax becomes immediately due from the qualified entity (that tax is stated to be not subject to penalties, fees, or interest under the cited title).
The bill also creates administrative and review duties: the Washington state housing finance commission must collect specified data about the exemption for transfers of qualified low-income housing developments and provide it to the Joint Legislative Audit and Review Committee (JLARC), which must review the tax preference in calendar year 2033. The text includes several effective and expiration dates: sales of qualified space to nonprofits and public entities are effective January 1, 2026; Section 1 of the act is stated to expire January 1, 2030; and one provision is noted as not applying to transfers occurring on or after July 1, 2035.
Certain details are incomplete or unclear in the provided text: the specific "department" that must receive notices and adopt rules is not identified, the provision about continued use for property transferred by a legal representative of a person with developmental disabilities is cut off and incomplete, and the relationship among the multiple cited session laws and the differing expiration or applicability dates is not fully explained in the extracted material.
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Why it matters
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If enacted, the bill creates a set of real estate excise tax exemptions for sales and transfers of certain affordable and low‑income housing, and for portions of affordable developments sold to nonprofits or public entities for community uses (effective for qualified space sales starting January 1, 2026). Sellers who transfer properties that were allocated federal low‑income housing tax credits, qualifying grantees, affordable homeownership facilitators, and nonprofits that provide supported living could avoid paying the excise tax so long as they meet specific use and timeline conditions and file required affidavits; however, if a grantee fails to meet the timelines the tax becomes due with interest, and if DSHS finds a property unsafe after a remedy period the tax can be made immediately due (without penalties or interest). The Washington State Housing Finance Commission must collect data about exemptions and give it to JLARC for a review in calendar year 2033, and agencies (including an unnamed department and DSHS) will have new duties to adopt rules, receive affidavits, and notify each other.
The direct impacts are that eligible nonprofits and housing authorities gain stronger options to acquire and convert properties to low‑income housing with lower upfront tax cost, while state and local tax receipts are likely to decline for covered transfers. Qualifying grantees face a real risk of owing back the tax plus interest if they miss deadlines or fail required uses, and transferors must submit affidavits and may face aggregation rules that treat related or concerted transfers as a single taxable sale. Key implementation details are unclear in the provided text—most notably which agency is referred to as “the department,” the incomplete wording about required continued use for transfers involving persons with developmental disabilities, and conflicting expiration references for the exemption—which may affect how and when these changes actually apply.
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| Official Documents | View Full Bill Text |
| Hearing | House Finance (Public) |