MYNORTHWEST NEWS

State files motion asking judge to throw out lawsuits against capital gains tax

Jun 15, 2021, 1:31 PM | Updated: Jun 16, 2021, 6:11 am

Bob Ferguson, 3-d printed guns, lawsuits capital gains tax...

Attorney General Bob Ferguson, left, speaks as Washington Gov. Jay Inslee, center, and Solicitor General Noah Purcell look on. (AP file Photo/Elaine Thompson)

(AP file Photo/Elaine Thompson)

Washington Attorney General Bob Ferguson filed a motion Tuesday, calling on a Douglas County Superior Court judge to dismiss a pair of lawsuits filed against the state’s recently-passed capital gains tax.

Court battle over capital gains tax could rewrite state’s tax code

The first of the two lawsuits was filed by the Freedom Foundation three days after the tax was approved by state lawmakers, while the second one — which includes former state Attorney General Rob McKenna and the Washington Farm Bureau as plaintiffs, alongside several others — was filed less than a month later.

The bill levies a 7% tax on capital gains above $250,000 to bring in an estimated $415 million in 2023, its first year. The text of the bill describes it as an excise tax on the sale of stocks, bonds, and other assets above $250,000, excepting real estate and family-owned small businesses.

Both lawsuits ask the court to void the tax, declare the bill unconstitutional, prevent its implementation while the lawsuit plays out, and have the state pay the plaintiffs’ legal fees.

A graduated income tax has been illegal in Washington since a landmark 1936 case, in which the state Supreme Court ruled that the state constitution required all property to be taxed at the same rate. The court said income counted as property, striking down a graduated income tax rate approved by voters.

Attorney General Ferguson’s Tuesday filing challenges the legitimacy of the two lawsuits on a few fronts. First and foremost, he asserts that the lawsuits represent a matter of political disagreement, rather than a standard legal challenge. Given that, Ferguson argues that plaintiffs would suffer “no legal harm from the tax they challenge, and they ask this Court to issue a purely advisory political opinion.”

Washington Rep: Capital gains tax is just ‘parity in the tax code’

Second, he points out that because the tax doesn’t take effect until 2022 — and wouldn’t actually be due until the following year — there’s no way for plaintiffs to know whether they will actually be directly affected in any way.

“None of the Plaintiffs, nor any other person, will be required to pay the tax until nearly two years from now,” the filing reads. “And no one can possibly know today what capital gains they will have in 2022.”

Ferguson further argues that “a very small percentage of Washingtonians” would likely be subject to the tax thanks to several exceptions carved into the bill, offering the following example:

Imagine a Washington taxpayer who in a single year sells a large rental property at a $1 million profit, sells a small business at a $1 million profit, sells assets in a retirement account at a $1 million profit, and sells ordinary stocks held outside a retirement account at a $200,000 profit. Though the person would have earned over $3 million in capital gains from these sale transactions, they would owe no Washington capital gains tax because the first three asset categories are exempt and the $250,000 standard deduction exceeds the profit from non-exempt assets.

It will next be up to the Douglas County judge overseeing both cases to determine whether the state’s filing presents sufficient evidence to overturn the lawsuits. In past court cases in Washington, judges have consistently struck down graduated income taxes as unconstitutional, making it crucial for plaintiffs to prove that there’s little to no distinction between that and the proposed capital gains tax.

MyNorthwest News

gloria steinem...

JOCELYN NOVECK, THE ASSOCIATED PRESS

Gloria Steinem, a potent voice of US feminism and co-founder of Ms. Magazine, dies at 92

Gloria Steinem, the celebrated author and activist who became one of the most visible symbols and potent voices of the U.S. women’s movement and a fierce advocate for feminist causes for over six decades, has died.

1 hour ago

lakewood police chief fired...

MyNorthwest Staff

Lakewood police chief fired two weeks after being placed on administrative leave

Two weeks after he was placed on administrative leave, Lakewood Police Chief Patrick Smith has been fired from his position.

2 hours ago

qualtrics laying off seattle employees...

KIRO Newsradio Newsdesk

Qualtrics laying off 117 Seattle employees following $6.75B Press Ganey acquisition

Seattle-based software company Qualtrics is laying off 117 employees, according to a WARN filing on Wednesday.

3 hours ago

mayor katie wilson north seattle...

Nia Bliss, KIRO 7 News

North Seattle neighbors air out crime concerns, questions to Mayor Katie Wilson

Multiple community groups from across North Seattle were joined on stage with Seattle Mayor Katie Wilson for the North Precinct Advisory Council’s public safety meeting on Wednesday night.

3 hours ago

big 5 renton sentenced shooting...

KIRO 7 News Staff

Man sentenced to more than 25 years for shooting, killing teen outside Big 5 in Renton

A man who shot and killed a teenager outside the Big 5 Sporting Goods Store in Renton two summers ago has been sentenced to more than 25 years in prison.

3 hours ago

seattle rapper kill cold case...

James Lynch

Cold Case: Family pleads for answers in killing of North Seattle rapper ‘Lavish Rich’

Nearly three years after 31-year-old father and local rapper Cornel Callandret Jr. was gunned down in Seattle, his family and fans still wait for answers.

4 hours ago

State files motion asking judge to throw out lawsuits against capital gains tax