RCW 82.92.070 — Certificate of occupancy — Process after issuance

(1) Within 30 days of the issuance of a certificate of occupancy for an eligible investment project, the conditional recipient must file with the city the following: (a) A description of the work that has been completed and a statement that the eligible investment project qualifies the property for a sales and use tax deferral under this chapter; (b) A statement of the new affordable housing to be offered as a result of the new construction; and (c) A statement that the work has been completed within three years of the issuance of the conditional certificate of program approval. (2) Within 30 days after receipt of the statements required under subsection (1) of this section, the city must determine and notify the conditional recipient as to whether the work completed and the affordable housing to be offered are consistent with the application and the contract approved by the city, and the investment project continues to qualify for a tax deferral under this chapter. The conditional recipient must notify the department within 30 days from receiving the city's determination to schedule an audit of the deferred taxes. The department must determine the amount of sales and use taxes qualifying for the deferral. If the department determines that purchases were not eligible for deferral it must assess interest, but not penalties, on the nonqualifying amounts. (3) The city must notify the conditional recipient within 30 days that a tax deferral under this chapter is denied if the city determines that: (a) The work was not completed within three years of the application date; (b) The work was not constructed consistent with the application or other applicable requirements; (c) The affordable housing units to be offered are not consistent with the application and criteria of this chapter; or (d) The owner's property is otherwise not qualified for a sales and use tax deferral under this chapter. (4) If the city finds that the work was not completed within the required time period due to circumstances beyond the control of the conditional recipient and that the conditional recipient has been acting and could reasonably be expected to act in good faith and with due diligence, the governing authority may extend the deadline for completion of the work for a period not to exceed 24 consecutive months. (5) The city's governing authority may enact an ordinance to provide a process for a conditional recipient to appeal a decision by the city that the conditional recipient is not entitled to a deferral of sales and use taxes. The conditional recipient may appeal a decision by the city to deny a deferral of sales and use taxes in superior court under RCW 34.05.510 through 34.05.598 , if the appeal is filed within 30 days of notification by the city to the conditional recipient. (6) A city denying a conditional recipient of a sales and use tax deferral under subsection (3) of this section must notify the department and taxes deferred under this chapter are immediately due and payable, subject to any appeal by the conditional recipient. The department must assess interest at the rate provided for delinquent taxes and penalties retroactively to the date of deferral. A debt for deferred taxes will not be extinguished by insolvency or other failure of the recipient. [ 2022 c 241 s 9 .] Notes: Tax preference performance statement — 2022 c 241: See note following RCW 82.92.030 .