Senator questions why the state government’s tax collector is continuing to work on the rule for implementing the new state income tax struck down by Douglas County judge
VANCOUVER – The state Senate’s Republican budget leader questions why the state government’s tax collector is continuing to work on a rule for implementing the new state income tax struck down by a Douglas County judge eight months ago.
“I can understand why the Democrat legislators who approved the state income tax would hope the state Supreme Court will reinstate it,” said Sen. Lynda Wilson, R-Vancouver. “But the Department of Revenue is acting like the justices have already overruled the lower court, even though the case hasn’t even been argued before them yet. As if it’s a done deal.”
The state’s high court today announced oral arguments will be heard Jan. 26.
“DOR shouldn’t keep spending taxpayer dollars toward collecting a tax that no longer exists. It isn’t justified, and besides, tax collectors should have plenty of other work due to all the other taxes Democrats have imposed in the past several years,” said Wilson, who is lead Republican on the Senate Ways and Means Committee. “I expect Revenue will claim it’s just trying to be efficient, in case the current group of justices goes against case law that has stood for nearly 90 years. But there’s such a thing as being too efficient, and to me this seems more like a whole new kind of government waste.
“Even though Governor Inslee also wants a state income tax, he could and should put the brakes on this unauthorized rule-making. You can’t talk about threats to our democracy then turn around and pretend a court ruling doesn’t exist simply because it goes against your agenda.”
The state income tax was adopted by Democrats in 2021, during the height of the COVID-19 pandemic when the public was barred from the Senate and House chambers. It would have applied to profits from the sale of certain assets – known as “capital gains,” which are considered income by the Internal Revenue Service and every state where they are taxed. The now-invalid legislation has been acknowledged by supporters in the Legislature as part of an effort to enact a full-blown income tax in Washington, despite a long history of voter opposition.
Legal challenges were filed that summer, with the Douglas County ruling coming March 1, just before the end of this year’s legislative session.
Wilson noted the Legislature’s bipartisan Joint Administrative Rules Review Committee, which has selective oversight of administrative rules, was recently petitioned to intervene on the grounds that the proposed rule is “inconsistent with current legal authority.”
The Citizen Action Defense Fund, which filed the petition, points out that the income-tax statute is void because the state chose not to seek a stay of the Douglas County ruling. Wilson says that invalidates DOR’s rule-making authority related to the former law.
Also read:
- CCSO discovers human remains in homeless campOn Monday, CCSO patrol deputies, acting on an online report from a resident, located partially decomposed human remains in a tent structure at a transient camp in the wooded area north of NE 179th St near NE 10th Ave.
- Union High School baseball celebrates those who serve at Honor GameThe Union High School baseball team invited veterans, first responders, and educators to their game against Battle Ground on Tuesday to participate in their Honor Game, celebrating those who serve others.
- If voters decide to repeal WA Cares, will the state refund tax collections?If voters approve Initiative 2124 this November to repeal the program known as WA Cares, workers can opt out of having 58 cents out of every $100 earned deducted from their paychecks.
- County Permit Center moves to new office in Public Service CenterThe Clark County Permit Center has a new home within the Public Service Center.
- City of Vancouver wants to hear from the public about city manager recruitment surveyThe city recently launched a nationwide recruitment process to hire Vancouver’s next city manager.
- Vancouver Fire responds to house fireOn Tuesday (April 23) at 3:45 p.m., the Vancouver Fire Department was called for a house fire at 100 S. Knoxville Way.
- Ridgefield School District school bond proposal appears to be failingThe first results of the April 23 special election show the school bond proposal in the Ridgefield School District is currently failing approval.