Abstract
This article considers a widely noted decision of the Supreme Court of Washington, Quinn v. Washington, concluding that a state capital gains tax enacted in 2021 is not subject to the stringent limitations in the state constitution applicable to property taxes. That result was a surprise to many in that Washington courts for nearly a century had treated income taxes as property taxes for this purpose, and what is a tax on realized capital gains other than an income tax? This article sets out the constitutional requirements, explains the taxing statute, and critiques the Court’s decision.
Keywords
Quinn v. Washington, capital gains tax, income tax, property tax, excise
Publication Date
2023
Document Type
Article
Publication Information
Journal of Taxation of Investments, Spring 2021, at 65
Repository Citation
Jensen, Erik M., "Washington’s Capital Gains Tax Isn’t an Income Tax" (2023). Faculty Publications. 2345.
https://scholarlycommons.law.case.edu/faculty_publications/2345
