Washington § 35.107.040 - Application for a qualifying project — Requirements.

Full text of Washington Revised Code of Washington § 35.107.040 — Application for a qualifying project — Requirements., with citation guidance and answers to common questions.

§ 35.107.040. Application for a qualifying project — Requirements.

(1) In order to approve the sales and use tax remittance and property tax reinvestment for a qualifying project under RCW 35.107.030, an owner of a qualifying project must, in coordination with the city, submit an application to the city consistent with the standards and guidelines provided in RCW 35.107.030. Additionally, the application must include:
(a) Whether the qualifying project is located within a commercial office space development area, in accordance with an adopted ordinance under RCW 35.107.030;
(b) Whether the qualifying project meets the definition of a qualifying project;
(c) The number of family living wage jobs estimated to be generated by the qualifying project;
(d) A description of the qualifying project, including a physical description of proposed building or buildings including estimated square footage, number of floors, and a list of features and amenities;
(e) The cost of construction or rehabilitation, and length of time that the qualifying project will be under construction;
(f) Whether the qualifying project is or will be, at the time of completion, in conformance with all local plans and regulations that apply at the time the application is approved; and
(g) A statement that the qualifying project is not anticipated to be used for the purpose of relocating a business from outside of the commercial office space development area, but within the state, to within the commercial office space development area. This does not exclude the incentives authorized under this chapter and RCW 82.14.532 from being used for the expansion of a business, including the development of additional offices or satellite facilities.
(2) If the project applicant is seeking a sales and use tax remittance, the application must also include:
(a) A written agreement for the use of the local sales and use tax remittance from any taxing authority that imposes a sales or use tax under chapter 82.14 RCW or RCW 81.104.170. The agreement must be authorized by the governing body of such participating taxing authorities. If a taxing authority does not provide a written agreement, the sales and use tax for that taxing authority may not be remitted and the revenue may not be estimated in the application;
(b) An estimate of the amount of local sales and use tax revenue that will be remitted to a taxpayer;
(c) The approximate date that the local sales and use tax revenue will be remitted to a taxpayer; and
(d) The criteria under this section by which a qualifying project can later receive certification under RCW 82.14.532(4) confirming that a taxpayer is eligible for the remittance.
(3) If the city intends to approve the qualifying project for a property tax reinvestment, the application must also include:
(a) A written agreement of the participation of any taxing authority that collects a local property tax allocation. The agreement must be authorized by the governing body of such participating local taxing authorities. If a taxing authority does not provide written agreement, the local property tax for that taxing authority may not be remitted to the city legislative authority that established a commercial office development public improvement fund;
(b) An estimated amount of property tax to be deposited into a commercial office development public improvement fund resulting from the qualifying project; and
(c) A prioritized list of public improvements that support the development of the qualifying project, and the estimated public improvement costs.
[ 2019 c 273 s 5.]

Frequently Asked Questions About Washington § 35.107.040

What does Revised Code of Washington § 35.107.040 cover?

Section 35.107.040 ("Application for a qualifying project — Requirements.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 35.107.040?

A common citation format is "Revised Code of Washington § 35.107.040" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 35.107.040 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.