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Is Washington’s Capital Gains Tax Here to Stay?

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Happy Friday! If you live in Washington state, this is for you. Today's blog covers a common question I've been getting this week. There's an initiative generating buzz among Washington voters and some of our clients. Initiative 2109 aims to repeal Washington State's capital gains tax, established in 2021 under Chapter 82.87 RCW. This tax was introduced to fund state education initiatives but has sparked debate, especially in Spokane.

Let's dive into the details of this tax, explore the arguments for and against it, and I'll share my personal perspective as a financial advisor in Spokane.


Understanding Washington's Capital Gains Tax: Rate and Threshold

The Washington capital gains tax is set at 7% on long-term capital gains exceeding $250,000 per year for individuals and joint filers. This threshold is adjusted annually for inflation, meaning only gains above $250,000 are subject to the tax.


Exemptions and Exclusions in the Capital Gains Tax

Not all assets are subject to this tax. Some significant exemptions include:

  • Real estate (primary residences and rental properties)

  • Retirement accounts (401(k)s, IRAs)

  • Qualified small businesses meeting specific criteria

Gains from certain assets—like stocks, bonds, and business interests—are generally taxable if they exceed the $250,000 threshold.


Who Pays Washington's Capital Gains Tax?

This tax is relevant for those with substantial capital gains from stock sales or business investments. Individuals meeting the threshold must file and pay the tax but can avoid double taxation by claiming a credit for capital gains taxes paid to other states on the same income.


Capital Gains Tax Revenue Allocation

The revenue generated is allocated to Washington's Education Legacy Trust Account, which funds early childhood education, K-12 programs, and other educational initiatives. This tax was intended to provide sustainable funding for education without increasing sales or property taxes for Washingtonians.


Arguments in Favor

  1. Funding Education Initiatives: The tax creates a steady revenue source for education programs in Washington. By supporting this tax, voters directly contribute to early childhood education and K-12 schools.

  1. Progressive Taxation: Washington's tax structure has been considered regressive, with lower-income residents paying a larger share of their income in taxes. This tax is primarily aimed at high-income earners who realize significant capital gains, potentially balancing the tax burden across income levels.

  1. Minimal Impact on the Average Resident: With the $250,000 threshold, most Washington residents will not be affected by this tax. For those with modest investments, this tax may feel like a reasonable way to close funding gaps without broadly increasing taxes.


Arguments Against

  1. Investment Concerns: Opponents argue that taxing capital gains may discourage business and market investments, potentially slowing Washington's economic growth. There's concern that this tax could lead some investors to move money or business operations out of state, impacting the economy.

  1. Legal Uncertainty: Critics worry about ongoing legal challenges, as opponents argue that this tax could be classified as an income tax, which would violate Washington's constitution. This legal uncertainty complicates financial planning and long-term economic policy for residents.

  1. Impact on Retirees and Business Owners: Some exemptions exist, but individuals selling large portions of their investments or businesses in a single year may face substantial tax liability. This could impact retirees or business owners planning their exit strategies.


Summary

Whether you support or oppose this tax depends on the balance between the need to fund education and the potential economic impact. Those who support a progressive tax system see this as a positive step toward reducing the tax burden on lower-income residents. Conversely, Washingtonians who are concerned about legal and economic consequences or who value the state's income-tax-free policy may choose to oppose it.


Spokane Financial Advisor's Perspective

As a Spokane financial advisor, my perspective on this tax is one of caution. While I support funding for education, this tax could create challenges. It might discourage business investment or prompt high-net-worth individuals to relocate or adjust their portfolios. This capital gains tax could shift Washington from its income-tax-free tradition, opening the door for future income tax expansions. There are other ways to raise funds for education that might be more efficient and create greater accountability for how the funds are spent.


Conclusion

Planning around this tax is crucial if you have a significant stock position or are selling a business. Feel free to reach out if you have questions about how Washington's capital gains tax could affect you. As a Spokane financial advisor at Stewardship Concepts, our team is here to provide guidance tailored to your unique financial goals.


Set up a free discovery call with one of our Spokane financial advisors.


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Noah Schwab Financial Advisor

About the Author

Noah Schwab CFP® is a financial advisor in Spokane, Washington, specializing in helping couples with 401k five years from retirement.

  • Fiduciary. No commission, no products

  • Investment management and financial planning

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