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Washington Court of Appeals Limits B&O Tax Deduction for Investment Income

The Washington Court of Appeals has held that investment funds are subject to Washington state business and occupation (B&O) tax on their investment income. Although Washington law allows taxpayers to deduct “amounts derived...more

Washington Capital Gains Tax Upheld by State Supreme Court: Questions Answered

On March 24, 2023, the Washington Supreme Court upheld the state capital gains tax as a constitutional excise tax. The decision overturns the Douglas County Superior Court’s ruling that the tax is an unconstitutional tax on...more

Real Estate Excise Tax Exemption Encourages Affordable Housing

Transfers of real property to certain qualifying entities will no longer be subject to real estate excise tax in Washington State, effective on January 1, 2023. The Washington State Legislature passed Engrossed House Bill...more

Washington’s New 7% Capital Gains Tax Questions Answered

The Washington Legislature passed Senate Bill 5096 on April 25, 2021, the last day of the 2021 Washington legislative session. SB 5096 is a state capital gains tax on individual residents of the State of Washington. The state...more

Seattle Payroll Tax: Update and Frequently Asked Questions

The Seattle City Council passed a bill creating a new payroll tax on persons engaged in business in Seattle. While the ordinance has not yet been signed by the mayor (as of publication), the tax was passed by the council on...more

New Washington Business and Occupation Tax Legislation Affects Service Businesses

The Washington Legislature’s 2019 session produced four bills increasing business and occupation (B&O) taxes on service businesses (E2SHB 2158), “specified financial institutions” (SHB 2167), international investment managers...more

New Washington State Real Estate Excise Tax Legislation

The Washington Legislature completed its 2019 legislative session with the passage of sweeping changes to the real estate excise tax (REET). The REET legislation was the centerpiece of the Legislature’s efforts to raise...more

South Dakota v. Wayfair: Practical Answers to Tax Questions Raised by Supreme Court Decision

Yesterday, the U.S. Supreme Court overruled more than 50 years of Commerce Clause precedent to hold that a state may require an out-of-state retailer with no physical presence in the taxing state to collect sales and use...more

New Seattle Personal Income Tax Ruled Illegal

The King County Superior Court held on November 17, 2017, that Seattle’s recently adopted city income tax is illegal under Washington law. The case was resolved on two alternative statutory grounds....more

New Seattle Income Tax: Answers to Your FAQs

The City of Seattle adopted Ordinance 125339 on July 14, 2017, which imposes an income tax on Seattle residents and certain irrevocable trusts. The Seattle income tax is imposed at a rate of 2.25% of a resident taxpayer’s...more

7/27/2017  /  Income Taxes , Local Taxes , State Taxes

Washington — B&O Taxation of Unredeemed Gift Cards

The Washington State Department of Revenue has just issued a draft Excise Tax Advisory (“ETA”) (will be hyperlinked to the attached document) in which it concludes that unredeemed gift card receipts (e.g., breakage) which are...more

Washington Court of Appeals: No Transactional Nexus Requirement or Dissociation for Washington B&O Tax

On April 29, 2015, the Washington Court of Appeals issued an important tax decision in Avnet, Inc. v. Washington Department of Revenue, Dkt. No. 45108-5-II. In its most significant holding, the court of appeals effectively...more

Oregon Supreme Court Decides Sales Factor Case

On December 12, 2013, the Oregon Supreme Court issued its decision in Tektronix, Inc. v. Oregon Dep’t. of Revenue. The court held that the taxpayer’s receipts from the sale of goodwill, making up a part of the sale of a...more

Washington Service B&O Tax Rate Drops From 1.8% To 1.5%

In 2010, the Washington legislature passed significant B&O tax changes including the adoption of economic nexus and market sourcing for service activities, as well as the imposition of B&O tax on directors’ fees....more

No Oregon Income Tax Nexus For Company Owning Intangibles Used In State

A federal bankruptcy court judge has held that Washington Mutual, Inc. (WMI), a parent holding company that owned bank subsidiaries conducting business in Oregon, did not have nexus in Oregon by virtue of its ownership of the...more

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