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A 10-acre parcel in Yakima County, Washington is currently enrolled in the Open Space Taxation Act program under RCW 84.34, which taxes the land at its current use value rather than its highest and best use value. The owner decides to convert the land to a residential subdivision. Under Washington law, which of the following most accurately describes the tax consequence of removing the land from the current use program?

Correct Answer

B) The owner will owe additional taxes equal to the difference between taxes paid and taxes that would have been owed at full market value for up to seven years, plus interest

Under RCW 84.34.108, when land is removed from current use classification (whether voluntarily or through a change in use), the owner is subject to 'compensating tax.' This compensating tax equals the difference between the taxes actually paid under current use assessment and the taxes that would have been owed at full market value assessment for each of the prior years the land was enrolled, up to a maximum of seven years, plus interest at 8% per year. This clawback provision is designed to recapture the tax benefit received during the enrollment period.

Answer Options
A
The owner will owe a one-time penalty equal to 20% of the land's full market value at the time of conversion
B
The owner will owe additional taxes equal to the difference between taxes paid and taxes that would have been owed at full market value for up to seven years, plus interest
C
The owner will owe additional taxes for the prior three years only, calculated at the current market value assessment rate
D
The owner will owe no additional taxes because the current use assessment runs with the land and terminates automatically upon sale

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Related Topics & Key Terms

Key Terms:

current_use_assessmentopen_space_taxationcompensating_taxRCW_84.34tax_consequence

Related Concepts

The cost approach estimates a property's value by calculating the current cost to rebuild the improvements, subtracting accumulated depreciation, and adding the land value. It is most reliable for new construction and special-purpose properties.

Depreciation is an accounting method of allocating the cost of an asset over its useful life, allowing investors to deduct a portion of the asset's cost each year.

Highest and best use is an appraisal concept that identifies the most profitable, legally permitted, physically possible, and financially feasible use of a property. It is the foundation of all property valuation.

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