![Washington Attorney General Bob Ferguson. Photo courtesy Elaine Thompson / AP](https://www.clarkcountytoday.com/wp-content/uploads/2022/11/Large_Clark-County-Today-Legislature-Dont-collect-Washington-capital-gains-tax-until-Supreme-Court-rules.jpg)
Last year the Legislature passed a capital-gains tax which was immediately challenged in the courts as unconstitutional
Lawrence Wilson
The Center Square
Washington lawmakers have advised the Department of Revenue that its proposed rule concerning the state’s capital gains tax should be labeled as advisory only pending the state Supreme Court’s ruling on the law’s constitutionality.
Last year the Legislature passed a capital-gains tax, RCW 82.87, which was immediately challenged in the courts as unconstitutional. Douglas County Superior Court Judge Brian Huber agreed, ruling on March 1 that the tax is properly considered both a graduated tax and a property tax.
Douglas ruled that, as a property tax, the law violates the state constitution which requires that property taxes be uniform. The law is not uniform, Douglas ruled, because it does not apply to amounts less than $250,000.
Washington Attorney General Bob Ferguson asked the state Supreme Court to take the case on direct appeal, which it did. A hearing is set for Jan. 26.
Meanwhile, the DOR continued to work on an administrative rule for collecting the tax, even though collection was prohibited by the Superior Court’s ruling that the tax is unconstitutional.
That prompted a letter of protest from the Citizen Action Defense Fund, a local government watchdog nonprofit, demanding the agency stop its rule making activities related to implementing the capital gains income tax.
“It is black letter law that statutes declared unconstitutional are deemed void ‘from the beginning’ or ab initio — they have no legal effect whatsoever and the law treats them as if they never existed,” CADF Executive Director Jackson Maynard wrote in the Oct. 5 letter, addressed to John Ryser, DOR acting director.
Then on Nov. 3 Attorney General Bob Ferguson asked the Supreme Court to stay the lower court’s ruling with respect to tax collecting, calling the decision “incorrect, and is at the very least debatable.” He argued that “It would be profoundly irresponsible for the Department to fail to prepare to collect the tax in April 2023 as directed by statute.”
To clarify the situation, the Joint Administrative Rules Review Committee of the Washington State Legislature wrote to Ryser requesting that “the Department amend the proposed rule to include language that the rule serves as guidance and only applies if the capital gains tax authorized under chapter 82.87 RCW is ruled constitutional and valid by the Washington Supreme Court.”
Wording to that effect is now displayed on the DOR webpage pertaining to RCW 82.87.
Meanwhile, a source familiar with the matter has confirmed to The Center Square that the state Supreme Court will consider Ferguson’s motion to stay the lower court ruling on Nov. 29.
If the Supreme Court grants Ferguson’s motion, the revenue department will be allowed to proceed with collecting the capital gains tax in April 2023 even if no final ruling on the constitutionality of the law is handed down before then.
The Center Square Washington first published this report. Brett Davis contributed to this report.
Also read:
- Harvest Days in Battle Ground coming up July 19-21The Battle Ground Festivals Association is preparing for three days of celebration, including a car cruise on Friday night, a parade on Saturday, and fireworks on Saturday night at Harvest Days.
- Organizers looking for cars for Cruise to the Shoug show on Aug. 454-40 Brewing Co. is hosting Cruise to the Shoug on Aug. 4 as a fundraiser for the Camas-Washougal Community Chest, and organizers are looking for car owners to book their spots for the show.
- Trump picks Ohio’s J.D. Vance for vice presidentFormer President Donald Trump picked U.S. Sen. J.D. Vance, R-Ohio, to serve as his vice president should Trump beat President Joe Biden this November for another term in the White House.
- Children with disabilities make memories at the 24th annual Merwin Day of FishingOn Saturday (July 13), Pacific Power and the Washington Department of Fish and Wildlife joined together to host a memorable fishing event for children with disabilities at the Merwin Fish Hatchery near Woodland.
- Letter: For the public record and the Comprehensive PlanIn a July 12 letter to the Clark County Council, Clark County Citizens United President Susan Rasmussen shares that primary stakeholders were ignored in the Wetland and Habitat Ordinance Conservation Covenant.
- CASE DISMISSED: Classified documents case against Trump thrown out by judgeA federal judge in Florida dismissed the classified documents-related criminal case against former President Donald Trump on Monday, saying the appointment of Special Counsel Jack Smith violated the Constitution.
- Photos: Log show and parade at Territorial Days 2024 in AmboyTerritorial Days in Amboy never disappoints, and this weekend brought all kinds of activities in logging country, and Clark County Today had a photographer there to capture images from the annual parade and log show.