SUBSTITUTE HOUSE BILL 1406
State of Washington
2021 Regular Session
ByHouse Finance (originally sponsored by Representatives Frame, Sullivan, Ormsby, Ortiz-Self, Kirby, Davis, Bateman, Valdez, Kloba, Pollet, Walen, Dolan, Simmons, Cody, Ramel, Lekanoff, Duerr, Ryu, Berry, Peterson, Hackney, Chopp, Macri, Bergquist, Riccelli, and Harris-Talley)
READ FIRST TIME 04/02/21.
AN ACT Relating to improving the equity of Washington state's tax code by creating the Washington state wealth tax and taxing extraordinary financial intangible assets; amending RCW 82.32.160
, and 82.32.655
; adding a new section to chapter 84.36
RCW; adding a new title to the Revised Code of Washington to be codified as Title 84A
RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) Washington has long led the way with innovative and bold ideas that have changed the world. Many of the world's greatest innovators and artists, engineers and entrepreneurs, and scientists and social activists have called Washington home. But Washington's status as an economic and social leader is threatened by growing wealth inequality and a tax structure that perpetuates it. Asking the state's poorest residents to pay six times more in taxes, as a share of their income, than the state's highest income households, including some of the wealthiest individuals in the world, is unconscionable.
(2) The legislature recognizes Washington's tax system is the most upside down and regressive in the nation. As a percentage of household income, low-income families pay nearly 18 percent in taxes, middle-income families pay 11 percent, and the state's highest income households pay three percent or less. Washington's overreliance on low-income and middle-income families to pay for education, child care, public health, housing, public safety, and other vital government programs and functions is simply not sustainable. The legislature finds that building a tax system that is fair, balanced, and works for everyone is imperative for the long-term economic growth of our state. Washington's wealthiest residents can and should share more equitably in the responsibility of funding these key community programs alongside their neighbors.
(3) Washington's inequitable tax code is particularly egregious when you consider the size of the wealth gap in the United States, and in Washington state specifically. According to Forbes, nine of the world's wealthiest people reside in Washington state, and their individual wealth ranges from $2,700,000,000 to $179,000,000,000. The Washington state department of revenue estimates that there are 100 taxpayers with wealth in excess of $1,000,000,000 who reside in Washington state. By comparison, median household wealth, or net worth, in the United States is $64,000. The disparity between white households and Black and Latino households shows an even wider wealth gap. Whereas the median wealth for white families is $116,800, it is just $1,700 for Black families and $2,000 for Latino families. Wealth has shifted dramatically in the United States, and we now have the biggest wealth gap in 50 years.
(4) The legislature further finds that over the last nine months of the coronavirus pandemic, the stock market has reached a record high and the cumulative wealth of the nation's billionaires has increased by $1,000,000,000,000. At the same time, small businesses are struggling to keep their doors open and families across this state and nation are struggling to keep a roof over their head and food on the table.
(5) Therefore, the legislature intends to disrupt the long-standing systemic inequities in our tax code laid bare by the coronavirus pandemic as we recover, rebuild, and transform Washington's economy.
(6) The Washington state wealth tax is created by narrowing the existing tax preference that exempts all intangible property and assesses a modest one percent tax only on financial intangible assets, such as publicly traded options, futures contracts, and stocks and bonds. The first $1,000,000,000 of assessed value is exempt from the Washington state wealth tax.
(7) Finally, the legislature further intends to achieve equity by using revenues generated by the Washington state wealth tax to offer credits against taxes paid disproportionately by low-income and middle-income families and small start-up and low-margin businesses. The legislature finds that if Washington state wants to continue its role as a global leader and attract, retain, and grow the most innovative, creative, and talented residents in the world, it must fund community investments equitably and ensure that our state is a place where every resident has a fair and equitable chance to not only survive, but thrive.
NEW SECTION. Sec. 2. DEFINITIONS.The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Artificial person" means a corporation; limited liability company; limited liability partnership, limited partnership, joint venture, or any other kind of partnership; association; business trust or any other trust; estate; association; or any other organization.
(2) "Cash and cash equivalents" means currency and short-term, highly liquid investments that are readily convertible to known amounts of cash. "Cash and cash equivalents" includes money on hand, certificates of deposit, checking account deposits, savings account deposits, money market funds, cryptocurrency, and similar assets.
(3) "Day" means a calendar day or any portion of a calendar day.
(4) "Department" means the department of revenue.
(5) "Domicile" means:
(a) The same as in RCW 72.36.035
, for purposes of a natural person; and
(b) For purposes of an artificial person:
(i) For a business, the principal place from which the business is directed or managed; and
(ii) For artificial persons other than businesses, the place where the entity was organized.
(6) "Fair market value" means the amount of money that a willing buyer would pay to a willing seller for property in an arms-length transaction if both parties were fully informed about all advantages and disadvantages of the property and neither party is acting under a compulsion to enter into the transaction.
(7) "Financial intangible assets" means the following assets:
(a) Cash and cash equivalents;
(b) Financial investments such as annuities, bonds, treasury bills, mutual funds or index funds, stocks, publicly traded options, futures contracts, commodities contracts, put and call options, pension funds, mortgages and liabilities secured by real property, certificates of interest in gold and other precious metals or gems, and other similar investments;
(c) Units of ownership in a subchapter K entity; and
(d) Similar intangible assets.
(8) "Intangible assets" means both financial intangible assets and nonfinancial intangible assets.
(9) "Nonfinancial intangible assets" means all intangible property other than financial intangible assets, such as trademarks, trade names, brand names, patents, copyrights, trade secrets, licenses, permits, core deposits of financial institutions, noncompete agreements, customer lists, patient lists, favorable contracts, favorable financing agreements, reputation, exceptional management, prestige, good name, integrity of a business, private nongovernmental personal service contracts, and private nongovernmental athletic or sports franchises or agreements.
(10) "Person" means any natural person or artificial person.
(11) "Subchapter K entity" means a partnership, including a limited partnership, limited liability partnership, limited liability limited partnership, limited liability company, joint venture, or any other entity subject to subchapter K of the internal revenue code, 26 U.S.C. Secs. 701 through 761, including a single member limited liability company.
(12) "Tax year" means the calendar year immediately preceding the year in which the tax under this chapter is due and payable to the department.
(13) "Taxable worldwide wealth" means a person's worldwide wealth, excluding the fair market value of any intangible property exempt from the tax imposed under this chapter.
(14) "Washington resident" or "resident" means the following:
(a) Any artificial person domiciled in this state at any time during the tax year; or
(b) A natural person:
(i) Who is domiciled in this state at any time during the tax year, unless that person (A) maintained no permanent place of abode in this state during the entire tax year, (B) maintained a permanent place of abode outside of this state during the entire tax year, and (C) spent in the aggregate not more than 30 days of the tax year in this state; or
(ii) Who is not domiciled in this state during the tax year, but maintained a place of abode and was physically present in this state for more than 183 days during the tax year.
(15)(a) "Worldwide wealth" means the fair market value of all intangible assets, or portion thereof, owned or controlled by a resident.
(b) For purposes of this subsection:
(i) "Control" means a person possesses, directly or indirectly, alone or with one or more close associates, more than 50 percent of the power to sell or otherwise dispose of intangible assets.
(ii) "Close associates" means natural persons who are in close association with another natural person by reason of a family, marital, personal, or business relationship.
(iii) "Own" includes both legal and beneficial ownership.
NEW SECTION. Sec. 3. TAX IMPOSED.(1) Beginning January 1, 2022, for taxes due in 2023, a wealth tax is imposed on each Washington resident. The wealth tax equals one percent multiplied by a resident's taxable worldwide wealth.
(2) Except as provided in subsection (3) of this section, the tax imposed under this section applies to a resident's taxable worldwide wealth as of December 31st of the tax year.
(3) In the case of any individual who dies during a tax year and who is not married or in a state registered domestic partnership on the date of such individual's death:
(a) The tax imposed under this section applies to the individual's taxable worldwide wealth as of the date of the individual's death; and
(b) The amount of the tax otherwise due under this section must be reduced by an amount determined by:
(i) Dividing the amount of tax otherwise due for the entire tax year by the total number of days in the tax year; and
(ii) Multiplying the amount determined in (b)(i) of this subsection (3) by the number of days remaining in the tax year after the date of the individual's death.
(4) The tax imposed in this section does not apply to a resident based on that person's status as a trustee of a trust, unless that person is also a beneficiary of the trust or holds a general power of appointment over the assets of the trust.
(5)(a) If an individual is treated as the owner of any portion of a trust that qualifies as a grantor trust for federal income tax purposes, that individual must be treated as the owner of that property for purposes of the tax imposed in this section to the extent such property includes intangible assets.
(b) A grantor of a trust that does not qualify as a grantor trust for federal income tax purposes must nevertheless be treated as the owner of the intangible assets of the trust for purposes of the tax imposed in this section if the grantor's transfer of assets to the trust is treated as an incomplete gift under Title 26 U.S.C. Sec. 2511 of the internal revenue code and its accompanying regulations.
(6) Intangible assets transferred after the effective date of this section by a resident to an individual who is a member of the family of the resident and has not attained the age of 18 must be treated as property of the resident for any calendar year before the year in which such individual attains the age of 18. For purposes of this subsection, "member of the family" has the same meaning as in RCW 83.100.046
(7) All moneys collected from the wealth tax must be deposited into the Washington tax justice and equity fund.
NEW SECTION. Sec. 4.
WHEN TAXES AND TAX RETURNS ARE DUE.(1)(a) Except as otherwise provided in this section or RCW 82.32.080, each resident owing tax under this chapter must file, on forms prescribed by the department, a return with the department on or before April 15th each year reporting that person's taxable worldwide wealth for the immediate preceding calendar year, and such other information the department determines necessary to administer the tax imposed under this chapter.
(b)(i) Except as provided in (b)(ii) of this subsection (1), returns and all supporting documents must be filed electronically using the department's online tax filing service or other method of electronic reporting as the department may authorize.
(ii) The department may waive the electronic filing requirement in this subsection for good cause as provided in RCW 82.32.080
(2)(a) Except as otherwise provided in this subsection (2), spouses and state registered domestic partners must jointly file returns required under this section.
(b)(i) A spouse or state registered domestic partner may petition the department, on a form and in a format as required by the department, for permission to file a separate return. The department must grant the petition only if it finds that good cause exists for allowing the petitioner to file a separate return.
(ii) For purposes of this subsection (2)(b), "good cause" means:
(A) The petitioner reasonably believes that the nonpetitioning spouse or state registered domestic partner will not cooperate in the filing of a complete and accurate joint return; or
(B) Any other circumstance that, in the department's judgment, renders the filing of a joint return manifestly unreasonable.
(3) Each resident required to file a return under this section must, without assessment, notice, or demand, pay any tax due under this chapter to the department on or before the due date of the return, regardless of any filing extension granted by the department. The tax must be paid by electronic funds transfer as defined in RCW 82.32.085
or by other forms of electronic payment as may be authorized by the department. The department may waive the electronic payment requirement for good cause as provided in RCW 82.32.080
. If any tax due under this chapter is not paid by the due date, interest and penalties as provided in chapter 82.32
RCW apply to the deficiency.
(4)(a) If any return due under subsection (1) of this section is not filed with the department by the due date or any extension granted by the department, the department must assess a penalty in the amount of five percent of the tax due for the tax year covered by the return for each month or portion of a month that the return remains unfiled. The total penalty assessed under this subsection may not exceed 25 percent of the tax due for the tax year covered by the delinquent return. The penalty under this subsection is in addition to any penalties assessed for the late payment of any tax due on the return.
(b) The department must waive the penalty imposed under this subsection if:
(i) The department is persuaded that the person's failure to file the return by the due date was due to circumstances beyond the person's control; or
(ii) The person has not been delinquent in filing any return due under this section during the preceding five calendar years.
NEW SECTION. Sec. 5.
ADMINISTRATIVE PROVISIONS.(1) Except as otherwise provided by law and to the extent not inconsistent with the provisions of this chapter, chapter 82.32 RCW applies to the administration of taxes imposed under this chapter.
(2) The department may adopt any rules it considers useful in administering the tax under this chapter.
NEW SECTION. Sec. 6. EXEMPTIONS.Exemptions from the tax imposed under section 3 of this act are provided for:
(1) Up to $1,000,000,000 of a taxpayer's financial intangible assets. For purposes of this exemption, both spouses or state registered domestic partners are considered to be one taxpayer. If the department authorizes the filing of separate returns for a tax year, each spouse or state registered domestic partner is entitled to claim one-half of the exemption provided under this subsection (1) for that tax year;
(2) Nonfinancial intangible assets;
(3) Worldwide wealth of artificial persons. However, the exemption provided in this subsection (3) does not affect the computation of a natural person's worldwide wealth;
(4) Any obligations or evidences of debt of the United States and obligations of United States government agencies and corporations established by acts of the congress of the United States to the extent required by federal law to be exempt from taxation by the states;
(5) Any obligations or evidences of debt of the state of Washington and its agencies, instrumentalities, political subdivisions, and municipal corporations, which include municipal bonds;
(6) Any stock of the federal reserve bank, the government national mortgage association, the federal national mortgage association, and other corporations and associations established by acts of the congress of the United States; and
(7) Any property subject to ad valorem taxation under RCW 84.36.005
NEW SECTION. Sec. 7. CREDIT FOR SIMILAR WEALTH TAX PAID TO ANOTHER STATE.(1) Except as provided in subsection (2) of this section, a person subject to tax under this chapter is allowed a credit against the tax otherwise due under this chapter equal to the amount of any similar wealth tax legally imposed on, and paid by, the person to another state for the same tax year on financial intangible assets subject to tax under this chapter. Credit under this section may not exceed the tax otherwise due under this chapter and may not be carried forward or backward to another tax year. Unused credit is not refundable.
(2) No credit may be claimed under this section if:
(a) The other state does not provide a substantially similar credit against its wealth tax; or
(b) The taxpayer was domiciled in this state for a greater amount of time than in the other state during the tax year.
(3) For purposes of this section, a similar wealth tax does not include an estate tax, inheritance tax, net income tax, gross receipts tax, other business activity tax, or similar tax. A tax on the value of property may be considered to be a similar wealth tax even though taxpayers are allowed a deduction for their liabilities in computing the tax.
(4) For purposes of this section, "state" has the same meaning as in RCW 82.04.462
NEW SECTION. Sec. 8. INNOCENT SPOUSE RELIEF.(1) An individual who is required to jointly file a return under this chapter may petition the department for relief from joint and several liability for an assessment of taxes due under this chapter, including penalties and interest. Relief under this section is available only to the extent that the individual establishes by clear, cogent, and convincing evidence that he or she is entitled to relief under this section. The petition must be made on a form and in a format prescribed by the department.
(2) An individual is entitled to relief from joint and several liability under this section only if he or she establishes that all of the following criteria have been met:
(a) The individual jointly filed a return under this chapter for a taxable year;
(b) There is an understatement of tax due on the jointly filed return that is attributable to erroneous reporting of assets by the nonpetitioning current or former spouse or state registered domestic partner;
(c) The individual seeking relief establishes that he or she did not know, and had no reason to know, that there was such an understatement; and
(d) Taking into account all the facts and circumstances, it is manifestly inequitable to hold the individual seeking relief liable for the deficiency in tax for such taxable year attributable to such understatement.
(3) Any determination under this section must be made without regard to community property laws.
(4) If an individual seeking relief under this section establishes that he or she did not know, and had no reason to know, the extent of such understatement, then such individual must be relieved of liability for tax not properly paid, including penalties and interest, for such taxable year to the extent that such liability is attributable to the portion of such understatement of which such individual did not know and had no reason to know.
(5) An individual seeking relief under this section has the burden of proof with respect to establishing the portion of any deficiency allocable to such individual and the portion solely allocable to the individual's current or former spouse or state registered domestic partner.
(6)(a) Notwithstanding any other provision of this section, an individual seeking relief under this section may not seek relief for taxes on wealth derived from disqualified assets. For the purposes of this subsection, "disqualified asset" means any asset or right to an asset transferred between spouses or state registered domestic partners required to jointly file a return under this chapter if the principal purpose of the transfer was the avoidance of tax.
(b) Except as provided in (c) of this subsection (6), any transfer of assets between two spouses or state registered domestic partners, required to jointly file a return under this chapter, that is made within 12 months prior to December 31st of the tax year for which an individual is seeking relief under this section is presumed to be made with the principle purpose of avoidance of tax.
(c) The presumption under (b) of this subsection (6) does not apply to any transfer pursuant to a decree of divorce, dissolution of a domestic partnership, separate maintenance action, or a written instrument incident to such action, or to any transfer that an individual establishes did not have tax avoidance as its principal purpose.
(7) If relief is granted under this section, any asset giving rise to a deficiency on a jointly filed return shall be allocated to the individuals filing the return in the same manner as it would have been allocated if the individuals had filed separate returns for the taxable year. No relief granted under this section may reduce the combined tax liability of individuals required to jointly file a return under this chapter in any given tax year.
(8) Any relief granted under this section may not result in an increase in the exemption amount under section 6(1) of this act. Nothing in this section shall be construed to permit individuals required to jointly file a return under this chapter to claim a combined exemption under section 6(1) of this act exceeding the limit established in section 6(1) of this act.
(9) An individual seeking relief under this section must file a petition with the department no later than two years after the date of the department's notification of the deficiency that is the subject of the petition.
(10) The department may by rule provide a method or methods for allocating assets between individuals required to jointly file returns under this chapter in cases where one of the individuals is granted relief under this section. The department may also by rule provide substantiation requirements for an individual to establish his or her eligibility for relief under this section.
(11) An individual seeking relief under this section may petition the department for a review of a denial of such relief pursuant to RCW 82.32.160
and 2007 c 111 s 110 are each amended to read as follows:
Any person having been issued a notice of additional taxes, delinquent taxes, interest, or penalties assessed by the department, may within thirty days after the issuance of the original notice of the amount thereof or within the period covered by any extension of the due date thereof granted by the department petition the department in writing for a correction of the amount of the assessment, and a conference for examination and review of the assessment. The petition shall set forth the reasons why the correction should be granted and the amount of the tax, interest, or penalties, which the petitioner believes to be due. The department shall promptly consider the petition and may grant or deny it. If denied, the petitioner shall be notified by mail, or electronically as provided in RCW 82.32.135
, thereof forthwith. If a conference is granted, the department shall fix the time and place therefor and notify the petitioner thereof by mail or electronically as provided in RCW 82.32.135
. After the conference the department may make such determination as may appear to it to be just and lawful and shall mail a copy of its determination to the petitioner, or provide a copy of its determination electronically as provided in RCW 82.32.135
. If no such petition is filed within the thirty-day period the assessment covered by the notice shall become final.
(2) The procedures provided for herein shall apply also to a notice denying, in whole or in part, an application for a pollution control tax exemption and credit certificate, with such modifications to such procedures established by departmental rules and regulations as may be necessary to accommodate a claim for exemption or credit.
(3) The procedures provided in subsection (1) of this section, as modified in this subsection (3), also apply to a notice denying, in whole or in part, a petition for relief from joint and several liability under section 8 of this act. A petition under this subsection (3) is due within 30 days after the date the department issued its denial of relief under section 8 of this act. The petition must set forth the reasons why the department should grant the petitioner's request for relief from joint and several liability. The petition must also set forth the portion of any deficiency allocable to the petitioner and the portion solely allocable to the petitioner's current or former spouse or state registered domestic partner.
NEW SECTION. Sec. 10. SUBSTANTIAL WEALTH TAX VALUATION UNDERSTATEMENT PENALTY IMPOSED.(1) Except as otherwise provided in this section, if any portion of an underpayment of tax due under this chapter is due to a substantial wealth tax valuation understatement, there must be added to the tax an amount equal to:
(a) In the case of any substantial wealth tax valuation understatement that is a gross wealth tax valuation misstatement, 50 percent of the portion of the underpayment due to the valuation understatement; or
(b) In all other cases, 30 percent of the portion of the underpayment due to the valuation understatement.
(2) The penalty imposed under subsection (1) of this section does not apply unless the portion of the underpayment attributable to substantial wealth tax valuation understatements for the calendar year exceeds $5,000.
(3) The penalty imposed in this section is in addition to any other applicable penalties imposed under this chapter or chapter 82.32
RCW on the same tax due, except for the penalty imposed in RCW 82.32.090
(4) For purposes of this section, the following definitions apply:
(a) "Gross wealth tax valuation misstatement" means the fair market value of any financial intangible assets reported on a return required by this chapter is 40 percent or less of the amount determined to be the correct amount of such fair market value.
(b) "Substantial wealth tax valuation understatement" means the fair market value of any financial intangible assets reported on a return required by this chapter is 65 percent or less of the amount determined to be the correct amount of such fair market value.
NEW SECTION. Sec. 11. ENFORCEMENT.Beginning in calendar year 2024, to the extent that sufficient funds are specifically appropriated for this purpose, the department must initiate audits of at least 10 percent of individuals who are registered with the department to pay the tax imposed in this chapter, increasing to 15 percent in calendar year 2025, and 20 percent in calendar year 2026 and thereafter.
NEW SECTION. Sec. 12. TAX REVENUES TO BE DEPOSITED INTO THE WASHINGTON TAX JUSTICE AND EQUITY FUND.All taxes collected under this chapter, including associated penalties and interest, must be deposited into the Washington tax justice and equity fund.
NEW SECTION. Sec. 13. RULE OF CONSTRUCTION.The legislature intends that any provision of this chapter that is found to be ambiguous by a court of competent jurisdiction or administrative agency be construed in favor of application of the tax, notwithstanding any contrary common law rule of statutory construction.
NEW SECTION. Sec. 14.
TITLE 84 RCW INAPPLICABLE TO WEALTH TAX.None of the provisions of Title 84 RCW apply to this chapter.
and 2020 c 218 s 4 are each amended to read as follows:
(1)(a) Any action or combination of actions by the legislature that raises taxes may be taken only if approved by a two-thirds vote in both the house of representatives and the senate. Pursuant to the referendum power set forth in Article II, section 1(b) of the state Constitution, tax increases may be referred to the voters for their approval or rejection at an election.
(b) For the purposes of this chapter, "raises taxes" means any action or combination of actions by the state legislature that increases state tax revenue deposited in any fund, budget, or account, regardless of whether the revenues are deposited into the general fund.
(2) ((The state or any political subdivision
of the state may not impose any tax on intangible property listed in RCW 84.36.070
as that statute exists on January 1, 1993.
and 2010 1st sp.s. c 23 s 201 are each amended to read as follows:
(1) It is the legislature's intent to require all taxpayers to pay their fair share of taxes. To accomplish this purpose, it is the legislature's intent to stop transactions or arrangements that are designed to unfairly avoid taxes.
(2) The department must disregard, for tax purposes, the tax avoidance transactions or arrangements that are described in subsection (3) of this section. The department must deny the tax benefit that would otherwise result from the tax avoidance transaction or arrangement. In determining whether the department must disregard a transaction or arrangement described under subsection (3) of this section, the department may consider:
(a) Whether an arrangement or transaction changes in a meaningful way, apart from its tax effects, the economic positions of the participants in the arrangement when considered as a whole;
(b) Whether substantial nontax reasons exist for entering into an arrangement or transaction;
(c) Whether an arrangement or transaction is a reasonable means of accomplishing a substantial nontax purpose;
(d) An entities' relative contributions to the work that generates income;
(e) The location where work is performed; and
(f) Other relevant factors.
(3) This section applies only to the following transactions or arrangements:
(a) Arrangements that are, in form, a joint venture or similar arrangement between a construction contractor and the owner or developer of a construction project but that are, in substance, substantially guaranteed payments for the purchase of construction services characterized by a failure of the parties' agreement to provide for the contractor to share substantial profits and bear significant risk of loss in the venture;
(b) Arrangements through which a taxpayer attempts to avoid tax under chapter 82.04
RCW by disguising income received, or otherwise avoiding tax on income, from a person that is not affiliated with the taxpayer from business activities that would be taxable in Washington by moving that income to another entity that would not be taxable in Washington; ((and
(c) Arrangements through which a taxpayer attempts to avoid tax under chapter 82.08
RCW by engaging in a transaction to disguise its purchase or use of tangible personal property by vesting legal title or other ownership interest in another entity over which the taxpayer exercises control in such a manner as to effectively retain control of the tangible personal property; and
(d) Arrangements through which a taxpayer attempts to avoid tax under chapter 84A.--- RCW (the new chapter created in section 20 of this act) through intentional deception, such as by concealing assets or evidence of the location of the taxpayer's domicile in this state, by transferring assets prior to December 31st when the taxpayer effectively retained control of the assets, or by effectively converting taxable assets into nontaxable assets prior to December 31st when the taxpayer engages in a substantially offsetting transaction. This subsection (3)(d) does not apply to substantial wealth tax valuation understatements subject to the penalty in section 10 of this act.
(4) In determining whether a transaction or arrangement comes within the scope of subsection (3) of this section, the department is not required to prove a taxpayer's subjective intent in engaging in the transaction or arrangement.
(5) The department must adopt rules to assist in determining whether a transaction or arrangement is within the scope of subsection (3) of this section. The adoption of a rule as required under this subsection is not a condition precedent for the department's exercise of the authority provided in this section. Any rules adopted under this section must include examples of transactions that the department will disregard for tax purposes.
(6) This section does not affect the department's authority to apply any other remedies available under statutory or common law.
(7) For purposes of this section, "affiliated" means under common control. "Control" means the possession, directly or indirectly, of more than ((fifty))50 percent of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting shares, by contract, or otherwise.
NEW SECTION. Sec. 17. WASHINGTON TAX JUSTICE AND EQUITY FUND CREATED.
A new section is added to chapter 84.36
RCW to read as follows:
The Washington tax justice and equity fund is created in the state treasury. Moneys in the account may only be used as specified in this section.
(1) First, moneys in the Washington tax justice and equity fund must be used to offset reductions in revenue and administrative costs resulting from the antidisplacement property tax exemption program in chapter . .. (H-1414/21), Laws of 2021. This use is the highest priority of moneys in the fund.
(2) After the requirements of subsection (1) of this section are satisfied, expenditures from the Washington tax justice and equity fund may be used for offsetting reductions in revenue due to implementation of other policies such as the working families' tax exemption, expansion of the small business tax credit, a replacement to the business and occupation tax, and other tax fairness policies such as those that may be suggested by the tax structure work group.
NEW SECTION. Sec. 18.
EXEMPTION FROM CERTAIN LAWS APPLICABLE TO NEW TAX PREFERENCES.The provisions of RCW 82.32.805 and 82.32.808 do not apply to this act.
NEW SECTION. Sec. 19. SEVERABILITY CLAUSE.If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 20.
CODIFICATION DIRECTION.Sections 1 through 8 and 10 through 14 of this act constitute a new chapter in a new title to be codified as Title 84A RCW.
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