wa-law.org > bill > 2023-24 > HB 1761 > Substitute Bill
The following property shall be exempt from taxation:
All household goods and furnishings in actual use by the owner thereof in equipping and outfitting his or her residence or place of abode and not for sale or commercial use, and all personal effects held by any person for his or her exclusive use and benefit and not for sale or commercial use.
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The personal property, other than specified in subsection (1) of this section, of a person liable to assessment and taxation of which the person is the actual and bona fide owner to an amount of $40,000 of true and fair value. This exemption shall not apply to any private motor vehicle or mobile home.
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A person claiming an exemption under (b)(i) of this subsection must attest, under the penalty of perjury subject to the penalties in RCW 84.40.130(2), that they are claiming only one such exemption statewide for the calendar year.
For the purposes of RCW 84.36.110 , the following definitions apply:
"Personal effects" shall be construed to mean and include such tangible property as usually and ordinarily attends the person such as wearing apparel, jewelry, toilet articles and the like.
"Private motor vehicle" shall be construed to mean and include all motor vehicles used for the convenience or pleasure of the owner and carrying a licensing classification other than motor vehicle for hire, auto stage, auto stage trailer, motor truck, motor truck trailer or dealers' licenses.
"Mobile home" shall be construed to mean and include all trailers of the type designed as facilities for human habitation and which are capable of being moved upon the public streets and highways and which are more than thirty-five feet in length or more than eight feet in width.
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The county assessor or treasurer may cancel or correct assessments on the assessment or tax rolls which are erroneous due to manifest errors in description, double assessments, clerical errors in extending the rolls, and such manifest errors in the listing of the property that do not involve a revaluation of property, except in the case that a taxpayer produces proof that an authorized land use authority has made a definitive change in the property's land use designation. In such a case, correction of the assessment or tax rolls may be made notwithstanding the fact that the action involves a revaluation of property. Manifest errors that do not involve a revaluation of property include the assessment of property exempted by law from taxation . When the county assessor cancels or corrects an assessment, the assessor must send a notice to the taxpayer in accordance with RCW 84.40.045, advising the taxpayer that the action has been taken and notifying the taxpayer of the right to appeal the cancellation or correction to the county board of equalization, in accordance with RCW 84.40.038. When the county assessor or treasurer cancels or corrects an assessment, a record of the action must be prepared, setting forth therein the facts relating to the error. The record must also set forth by legal description all property belonging exclusively to the state, any county, or any municipal corporation whose property is exempt from taxation, upon which there remains, according to the tax roll, any unpaid taxes.
Except as otherwise provided in this subsection (1)(b), no manifest error cancellation or correction, including a cancellation or correction made due to a definitive change of land use designation, may be made for any period more than three years preceding the year in which the error is discovered. However, a manifest error cancellation or correction may be made for a period more than three years preceding the year in which the error is discovered if authorized by the county legislative authority and the manifest error cancellation or correction would result in a refund or reduction of taxes for a property owner.
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In the case of a definitive change of land use designation, an assessor must make corrections that involve a revaluation of property to the assessment roll when:
The assessor and taxpayer have signed an agreement as to the true and fair value of the taxpayer's property setting forth in the agreement the valuation information upon which the agreement is based; and
The assessment roll has previously been certified in accordance with RCW 84.40.320.
In all other cases, an assessor must make corrections that involve a revaluation of property to the assessment roll when:
The assessor and taxpayer have signed an agreement as to the true and fair value of the taxpayer's property setting forth in the agreement the valuation information upon which the agreement is based; and
The following conditions are met:
(A) The assessment roll has previously been certified in accordance with RCW 84.40.320;
(B) The taxpayer has timely filed a petition with the county board of equalization pursuant to RCW 84.40.038 for the current assessment year;
(C) The county board of equalization has not yet held a hearing on the merits of the taxpayer's petition.
RCW 82.32.805 and 82.32.808 do not apply to this act.
Section 1 of this act takes effect January 1, 2024, if the proposed amendment to Article VII, section 1 of the state Constitution (House Joint Resolution No. 4206), providing for the personal property exemption of $40,000, is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, section 1 of this act is void in its entirety.