# RCW 82.45.035: RCW 82.45.035: Determining selling price of leases with option to purchase—Mining property—Payment, security when selling price not separately stated > Washington · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S035 ## Section - **Citation:** RCW 82.45.035 - **Heading:** RCW 82.45.035: Determining selling price of leases with option to purchase—Mining property—Payment, security when selling price not separately stated - **Jurisdiction:** Washington - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Code / Title 82 / Chapter 45 / Section 035 ## Text The state department of revenue shall provide by rule for the determination of the selling price in the case of leases with option to purchase, and shall further provide that the tax shall not be payable, where inequity will otherwise result, until and unless the option is exercised and accepted. A conditional sale of mining property in which the buyer has the right to terminate the contract at any time, and a lease and option to buy mining property in which the lessee-buyer has the right to terminate the lease and option at any time, shall be taxable at the time of execution only on the consideration received by the seller or lessor for execution of such contract, but the rule shall further provide that the tax due on any additional consideration paid by the buyer and received by the seller shall be paid to the county treasurer (1) at the time of termination, or (2) at the time that all of the consideration due to the seller has been paid and the transaction is completed except for the delivery of the deed to the buyer, or (3) at the time when the buyer unequivocally exercises an option to purchase the property, whichever of the three events occurs first. The term "mining property" means property containing or believed to contain metallic minerals and sold or leased under terms which require the purchaser or lessor to conduct exploration or mining work thereon and for no other use. The term "metallic minerals" does not include clays, coal, sand and gravel, peat, gypsite, or stone, including limestone. The state department of revenue shall further provide by rule for cases where the selling price is not separately stated or is not ascertainable at the time of sale, for the payment of the tax at a time when the selling price is ascertained, in which case suitable security may be required for payment of the tax, and may further provide for the determination of the selling price by an appraisal by the county assessor, based on the full and true market value, which appraisal shall be prima facie evidence of the selling price of the real property. ## Nearby sections - [RCW 82.45.010 RCW 82.45.010: "Sale" defined.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S010.md) - [RCW 82.45.020 RCW 82.45.020: "Seller" defined.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S020.md) - [RCW 82.45.030 RCW 82.45.030: "Selling price," "total consideration paid or contracted to be paid," defined.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S030.md) - [RCW 82.45.032 RCW 82.45.032: Additional definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S032.md) - [RCW 82.45.033 RCW 82.45.033: "Controlling interest" defined.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S033.md) - [RCW 82.45.035 RCW 82.45.035: Determining selling price of leases with option to purchase—Mining property—Payment, security when selling price not separately stated.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S035.md) - [RCW 82.45.060 RCW 82.45.060: Tax on sale of property.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S060.md) - [RCW 82.45.065 RCW 82.45.065: Tax preferences—Expiration dates.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S065.md) - [RCW 82.45.070 RCW 82.45.070: Tax is lien on property—Enforcement.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S070.md) - [RCW 82.45.080 RCW 82.45.080: Tax is seller's obligation—Choice of remedies.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S080.md) - [RCW 82.45.090 RCW 82.45.090: Payment of tax and fee—Evidence of payment—Recording—Sale of beneficial interest.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S090.md) - [RCW 82.45.100 RCW 82.45.100: Tax payable at time of sale—Interest, penalties on unpaid or delinquent taxes—Notice—Prohibition on certain assessments or refunds—Deposit of penalties.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S100.md) - [RCW 82.45.105 RCW 82.45.105: Single-family residential property, tax credit when subsequent transfer of within nine months for like property.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S105.md) - [RCW 82.45.150 RCW 82.45.150: Applicability of general administrative provisions—Departmental rules, scope—Real estate excise tax affidavit form—Departmental audit.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S150.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T82_C45_S035. Check the current official text before relying on it. Not legal advice.