# WAC 458-61A-106: WAC 458-61A-106. Sales of improvements to land, leases, and leases with option

> Washington · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_106

## Section

- **Citation:** WAC 458-61A-106
- **Heading:** WAC 458-61A-106. Sales of improvements to land, leases, and leases with option
- **Jurisdiction:** Washington
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Administrative Code / Title 458 / Chapter 458-61A / Section 458-61A-106

## Text

(1) Introduction.
(a) The sale of improvements constructed on real property is subject to the real estate excise tax if the contract of sale does not require that the improvements be removed at the time of sale.
(b) The transfer of a lessee's interest in a leasehold for valuable consideration is taxable to the extent the transfer includes any improvement constructed on leased land. If the selling price of an improvement is not separately stated, or cannot otherwise be reasonably determined, the assessed value of the improvement as entered on the assessment rolls of the county assessor will be used.
(2) Lease with option to purchase. The real estate excise tax applies to a lease with option to purchase at the time the purchase option is exercised and the property is transferred. The measure of the tax is the true and fair value of the property conveyed at the time the option is exercised.
(3) Improvements removed from land. The real estate excise tax does not apply to the sale of improvements if the terms of the sales contract require that the improvements be removed from the land. In this case the improvements are considered personal property and their use by the purchaser is subject to the use tax under chapter 82.12 RCW.
(4) Documentation. Completion of the affidavit is required for all of the above transfers except a transfer described in subsection (3) of this section, in which case the purchaser must file a use tax return with the department.

## Nearby sections

- [WAC 458-61A-100 WAC 458-61A-100. Real estate excise tax — Overview](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_100.md)
- [WAC 458-61A-101 WAC 458-61A-101. Taxability of the transfer or acquisition of the controlling interest of an entity with an interest in real property located in this state](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_101.md)
- [WAC 458-61A-102 WAC 458-61A-102. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_102.md)
- [WAC 458-61A-103 WAC 458-61A-103. Transfers involving an underlying debt](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_103.md)
- [WAC 458-61A-104 WAC 458-61A-104. Assignments](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_104.md)
- [WAC 458-61A-105 WAC 458-61A-105. Mobile and floating home sales](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_105.md)
- [WAC 458-61A-106 WAC 458-61A-106. Sales of improvements to land, leases, and leases with option](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_106.md)
- [WAC 458-61A-107 WAC 458-61A-107. Option to purchase](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_107.md)
- [WAC 458-61A-108 WAC 458-61A-108. Contractor](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_108.md)
- [WAC 458-61A-109 WAC 458-61A-109. Trading/exchanging property and boundary line adjustments](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_109.md)
- [WAC 458-61A-110 WAC 458-61A-110. Relocation service—Two-deed process](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_110.md)
- [WAC 458-61A-111 WAC 458-61A-111. Easements, development rights, water rights, and air rights](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_111.md)
- [WAC 458-61A-112 WAC 458-61A-112. Mineral rights and mining claims](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_112.md)
- [WAC 458-61A-113 WAC 458-61A-113. Timber, standing](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_113.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_458_61A_106. Check the current official text before relying on it. Not legal advice.