The following real
and personal property shall be exempt from taxation:
(1)(a) Property owned by nonprofit organizations or
associations, organized and conducted for nonsectarian purposes,
which shall be used for character-building, benevolent,
protective or rehabilitative social services directed at persons
of all ages.
(b) The sale of donated merchandise shall not be considered
a commercial use of the property under this section if the
proceeds are devoted to the furtherance of the purposes of the
selling organization or association as specified in this
subsection (1).
(c) In a county with a population of less than twenty
thousand, the rental or use of property, owned by a nonprofit
organization or association described in (a) of this subsection,
by a person, group, or organization in one of the following ways
shall not nullify the exemption:
(i) The property may be rented or used for pecuniary gain or
for business activities or by individuals, groups, and
organizations for private purposes if the rental or use:
(A) Does not exceed fifteen days each assessment year;
(B) No comparable private for-profit facility exists within
ten miles of the property that could be used for the same purpose
for which the property is loaned or rented; and
(C) All income from the rental or use of the exempt property
is used for capital improvements to the exempt property,
maintenance and operation of the exempt property, or for exempt
purposes; or
(ii) The property is rented or used by a nonprofit community
group or other nonprofit organization that might not qualify for
exemption if it owned the property as long as the rental or use
of the property:
(A) Does not exceed fifteen days each assessment year;
(B) Does not result in pecuniary gain;
(C) Does not involve business activities;
(D) Is always for the general public good; and
(E) All income from the rental or use of the exempt property
is used for capital improvements to the exempt property,
maintenance and operation of the exempt property, or for exempt
purposes.
(2) Property owned by any nonprofit church, denomination,
group of churches, or an organization or association, the
membership of which is comprised solely of churches or their
qualified representatives, which is utilized as a camp facility
if used for organized and supervised recreational activities and
church purposes as related to such camp facilities. The
exemption provided by this paragraph shall apply to a maximum of
two hundred acres of any such camp as selected by the church,
including buildings and other improvements thereon.
(3) Property, including buildings and improvements required
for the maintenance and safeguarding of such property, owned by
nonprofit organizations or associations engaged in character
building of boys and girls under eighteen years of age, and used
for such purposes and uses, provided such purposes and uses are
for the general public good: PROVIDED, That if existing charters
provide that organizations or associations, which would otherwise
qualify under the provisions of this paragraph, serve boys and
girls up to the age of twenty-one years, then such organizations
or associations shall be deemed qualified pursuant to this
section.
(4)(a) Property owned by all organizations and societies of
veterans of any war of the United States, recognized as such by
the department of defense, which shall have national charters,
and which shall have for their general purposes and objects the
preservation of the memories and associations incident to their
war service and the consecration of the efforts of their members
to mutual helpfulness and to patriotic and community service to
state and nation. To be exempt such property must be used in
such manner as may be reasonably necessary to carry out the
purposes and objects of such societies.
(b) The use of the property for pecuniary gain or for
business activities, except as provided in this subsection (4),
nullifies the exemption otherwise available for the property for
the assessment year. The exemption is not nullified by:
(i) The collection of rent or donations if the amount is
reasonable and does not exceed maintenance and operation
expenses.
(ii) Fund-raising activities conducted by a nonprofit
organization.
(iii) The use of the property for pecuniary gain for periods
of not more than fifteen days in a year.
(c) An inadvertent use of the property in a manner
inconsistent with the purpose for which exemption is granted, if
the inadvertent use is not part of a pattern of use. A pattern
of use is presumed when an inadvertent use is repeated in the
same assessment year or in two or more successive assessment
years.
(5) Property owned by all corporations, incorporated under
any act of congress, whose principal purposes are to furnish
volunteer aid to members of the armed forces of the United States
and also to carry on a system of national and international
relief and to apply the same in mitigating the sufferings caused
by pestilence, famine, fire, floods, and other national
calamities and to devise and carry on measures for preventing the
same.
(6) Property owned by nonprofit organizations exempt from
federal income tax under section 501(c)(3) of the internal
revenue code of 1954, as amended, that are guarantee agencies
under the federal guaranteed student loan program or that issue
debt to provide or acquire student loans.
(7) To be exempt under this section, the property must be
used exclusively for the purposes for which exemption is granted,
except as provided in RCW 84.36.805.
(8) For the purposes of this section, "general public good"
means members of the community derive a benefit from the rental
or use of the property by the nonprofit community group or
organization.
[2006 c 305 § 1; 1993 c 327 § 2; 1990 c 283 § 6; 1987 c 433 § 2; 1984 c 220 § 1; 1983 1st ex.s. c 25 § 1; 1973 2nd ex.s. c 40 § 2. Prior: 1971 ex.s. c 292 § 70; 1971 ex.s. c 64 § 1; 1969 c 137 § 1; 1961 c 15 § 84.36.030; prior: 1955 c 196 § 5; prior: (i) 1939 c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1, part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part; 1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 § 2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 § 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867 p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part. (ii) 1945 c 109 § 1; Rem. Supp. 1945 § 11111a.]
NOTES:
Construction -- 1990 c 283 §§ 6 and 7: "Sections 6 and 7 of this act shall not be construed as modifying or affecting any other existing or future exemptions." [1990 c 283 § 8.]
Applicability -- 1983 1st ex.s. c 25: "This act is effective for property taxes levied in calendar year 1983 and due and payable in calendar year 1984 and thereafter." [1983 1st ex.s. c 25 § 2.]
Severability -- 1971 ex.s. c 292: See note following RCW 26.28.010.