Bloomberg Tax
March 2, 2022, 6:41 PM

Capital Gains Tax Struck Down by Washington State Judge

Laura Mahoney
Laura Mahoney
Staff Correspondent

Washington Attorney General Bob Ferguson will appeal a trial court judge’s ruling that the state’s new tax on capital gains is an unconstitutional income tax and not an excise tax.

Douglas County Superior Court Judge Brian C. Huber struck down the tax law Tuesday, ruling in favor of groups of farmers and business owners who challenged it. He granted their motion for summary judgment, pointing to past court rulings that prohibit state income taxes.

“All the parties recognize this case will ultimately be decided by the State Supreme Court,” Ferguson said in a prepared statement. “We respectfully ...

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