Grant County latest to ban income tax as bill filed in legislature to allow graduated local income taxes

By JASON MERCIER  | 
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Jan 5, 2022

Grant County Commissioners this week unanimously adopted a resolution opposing a local income tax. This comes as a bill has been filed in the legislature to allow graduated local income taxes. Grant County is the fourth county to act joining Franklin County, Spokane County and Yakima County as well as 12 Washington cities with local income tax bans including Battle Ground, DuPont, Granger, Kennewick, Longview, Moses Lake, Richland, Spokane, Spokane Valley, Union Gap, West Richland and Yakima.

From the Grant County income tax ban resolution (in-part):

“The Board of County Commissioners hereby declares that the imposition of a County income tax on the businesses and residents of unincorporated Grant County is prohibited. Such a tax would be in direct conflict with the high value the County places on promoting economic development through the attraction and expansion of financially healthy, family wage paying employers. Small businesses are the backbone of our local, regional, state, and national economy and it is imperative that the County not put unnecessary hurdles in the way of their success.”

Danny Stone, Chair of the Grant County Commission, told me today:  

“I believe it’s important for local government to clarify to those politicians, who seem to think increasing taxes is always a good thing, that our citizens are not on board. It appears many of those politicians are bent on imposing an income tax on Washington’s citizens even though we have said ‘no’ to 10 straight income tax proposals in Washington. We are happy to join with several other Washington cities and counties in saying that, even though a court of appeals suggested in 2019 that a local income tax in Washington may be possible, we are committed to not doing that to our county’s citizens.”

Local governments are passing these bans in response to a surprising 2019 Court of Appeals ruling that opened the door to a flat 1% local income tax. The state Supreme Court let this ruling stand by not hearing the appeal.

A bill has already been filed for the 2022 Legislative Session that would authorize local governments to impose a graduated income tax. From SB 5554:

“Subject to subsection (4) of this section, a county, city, or town that meets the following requirements may levy a graduated tax on personal or business net income…”

Though the Court of Appeals authorized a flat 1% local income tax, for SB 5554 to be fully implemented a constitutional amendment would also be needed to allow a graduated income tax.

SB 5554 is the latest action by lawmakers trying to impose an income tax. Last year the legislature adopted a capital gains income tax (while refusing to pre-empt cities from imposing a local version) with the stated goal from supporters of using the courts to open the door to income taxes across the state. The capital gains income tax is currently subject of litigation arguing it is unconstitutional with a summary judgement hearing scheduled for February 4 at 10 a.m.

Not only have Washingtonians rejected 10 straight income tax ballot measures (including six proposed constitutional amendments), but last December the WA Tax Structure Work Group received an update from its consultant on the community meetings and outreach it conducted showing that voters are still opposed to an income tax.

As more cities and counties act to ban a local income tax, hopefully this clear and consistent message opposing an income tax will finally be heard by state lawmakers and the Governor.

Additional Information
No surprise, Tax Structure Work Group process finds voters still don’t want income tax
Briefs filed in capital gains income tax lawsuit
Yakima voters overwhelming adopt local income tax ban charter amendment
Washington cities move to prohibit local income taxes

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