Washington state has enacted a new income tax targeting high earners, imposing a 9.9% tax on income of $1,000,000 or more for individuals and households. The law was passed on March 11 and signed by Governor Bob Ferguson on March 30, marking a significant shift for a state that has historically resisted traditional income taxes [1]. The measure is already facing legal opposition, with critics arguing that it violates the state constitution, which requires income to be taxed uniformly and capped at 1%, based on a 1933 state Supreme Court ruling [1].
Curt Nuccitelli, owner of Spirit Transport Systems with 14 employees, is among the plaintiffs suing the state. He claims the tax could directly impact his business, as profits are taxed as personal income, limiting his ability to invest in employees and equipment. Nuccitelli stated, "Washington state is already very unfriendly to small businesses, as far as taxes go," and emphasized that the new tax would restrict his capacity to offer wage increases and grow his company [1].
The lawsuit, launched by Citizen Action Defense Fund (CADF), includes former Washington Attorney General Rob McKenna and former state Sen. Phil Talmadge. Jackson Maynard, an attorney on the case, argued that the state's constitution is clear about income tax limitations, stating, "if you're gonna have an income tax, it's got to be capped at 1%, and it's gotta apply evenly to everybody in the state, uniformly, and this doesn't do that" [1]. Maynard believes the lawsuit presents a strong argument based on legal precedent and also contends that the law removes a major advantage for Washington businesses [1].
Despite these criticisms, the Washington Attorney General's Office has defended the law. Deputy communications director Mike Faulk stated, "We will be defending the constitutionality of this law in court and expect to prevail. We’ll preserve our legal arguments for the anticipated filings" [1]. The tax is expected to affect not only high-income individuals but also major employers based in Washington, such as Amazon and Starbucks, as well as small businesses whose profits are taxed as personal income [1].
CONCLUSION
Washington state's new 9.9% income tax on high earners is facing a robust legal challenge, with critics highlighting its potential impact on small businesses and its alleged violation of the state constitution. The Attorney General's Office remains confident in the law's constitutionality, setting the stage for a significant legal battle. The outcome could have notable implications for both individual taxpayers and major employers in the state.