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The Startup Law Blog

The Startup Law Blog

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Joe Wallin’s startup counsel blog with extensive Section 1202/QSBS planning and equity structuring insights.

Will Washington's Income Tax Rate Go Up? (History Says Yes)
News•Apr 7, 2026

Will Washington's Income Tax Rate Go Up? (History Says Yes)

Washington’s new income tax imposes a 9.9% rate on household earnings above $1 million, marking the state’s first foray into personal taxation. Historical evidence shows that every state which has introduced an income tax eventually raises the rate, lowers the threshold, or both—a phenomenon known as rate and threshold creep. Washington’s budget reliance on volatile sales and B&O taxes, combined with unfunded spending mandates, creates strong incentives for future tax expansions. High‑income individuals and businesses should therefore treat the current 9.9% rate as a temporary baseline, not a long‑term ceiling.

By The Startup Law Blog
Estate Planning Before 2028: How Washington's Income Tax Changes the Calculus
News•Apr 7, 2026

Estate Planning Before 2028: How Washington's Income Tax Changes the Calculus

Washington will impose a 9.9% income tax on earnings above $1 million starting Jan 1 2028, adding a second layer to its already aggressive estate tax regime. The combined effect creates a double‑tax problem for high‑net‑worth residents, making the pre‑2028 window the most...

By The Startup Law Blog
Washington Income Tax: What Happens If You Move Mid-Year?
News•Apr 7, 2026

Washington Income Tax: What Happens If You Move Mid-Year?

Washington’s new income tax includes a part‑year residency provision that prorates both the tax base and the $1 million standard deduction based on days of residency. Under §406, taxpayers only owe tax on income earned while a Washington resident, with the...

By The Startup Law Blog
How to Make Estimated Tax Payments Under Washington's New Income Tax
News•Apr 7, 2026

How to Make Estimated Tax Payments Under Washington's New Income Tax

Washington’s new 9.9% income tax, effective Jan 1 2028, will require estimated quarterly payments for taxpayers with income above $1 million. The Department of Revenue has not yet issued detailed rules, but the statute mirrors the federal model, likely adopting similar payment dates...

By The Startup Law Blog
Charitable Giving Strategies to Reduce Your Washington Income Tax
News•Apr 7, 2026

Charitable Giving Strategies to Reduce Your Washington Income Tax

Washington’s new 9.9% income tax introduces a charitable deduction under §309, limited to $100,000 per year, which can shave up to $9,900 off a taxpayer’s liability. The deduction mirrors federal IRC §170 gifts, but its cap means high‑income earners must look...

By The Startup Law Blog
Is Retirement Income Subject to Washington's 9.9% Income Tax? (Social Security, Pensions, 401(k), IRAs)
News•Apr 7, 2026

Is Retirement Income Subject to Washington's 9.9% Income Tax? (Social Security, Pensions, 401(k), IRAs)

Washington’s new 9.9% income tax, effective 2028, treats retirement income like any other earnings, with a $1 million exemption threshold. Social Security benefits are only taxed to the extent they are federally taxable, while Roth withdrawals remain excluded. Traditional IRA, 401(k)...

By The Startup Law Blog
Washington Vs. California: A Tax Comparison for Founders and Investors
News•Apr 7, 2026

Washington Vs. California: A Tax Comparison for Founders and Investors

Washington’s new ESSB 6346 law, effective 2028, imposes a 9.9% income tax on household income above $1 million, ending its zero‑tax reputation for high earners. California still taxes all income at a progressive rate topping 13.3%, including wages, capital gains and...

By The Startup Law Blog
Washington's New Income Tax and Pass-Through Business Income: S-Corps, LLCs, and Partnerships
News•Apr 7, 2026

Washington's New Income Tax and Pass-Through Business Income: S-Corps, LLCs, and Partnerships

Washington enacted a 9.9% state income tax (ESSB 6346) that applies to individuals, including income passed through from S‑corporations, LLCs, and partnerships. The law permits pass‑through entities to elect to pay the tax at the entity level, converting the state...

By The Startup Law Blog
Washington's New Income Tax: The Marriage Penalty Explained
News•Apr 7, 2026

Washington's New Income Tax: The Marriage Penalty Explained

Washington’s new 9.9% state income tax provides a $1 million standard deduction per household, not per individual. Consequently, married or domestic‑partner couples share a single deduction, creating a marriage penalty that can reach $99,000 annually for comparable earners. The penalty also...

By The Startup Law Blog
Washington's New Income Tax and Remote Workers: Who Owes What?
News•Apr 7, 2026

Washington's New Income Tax and Remote Workers: Who Owes What?

Washington will launch a 9.9% personal income tax on Jan. 1, 2028, using a dual‑track residency test that hinges on domicile and physical presence. Residents—defined by domicile or a 183‑day presence test—must allocate all income to the state, subject to a...

By The Startup Law Blog
How Washington's New 9.9% Income Tax Applies to Stock Options and RSUs
News•Apr 7, 2026

How Washington's New 9.9% Income Tax Applies to Stock Options and RSUs

Washington’s ESSB 6346 imposes a 9.9% income tax on household earnings above $1 million starting January 1, 2028. The tax is calculated from federal adjusted gross income, meaning equity compensation can push employees over the threshold in a single year. Incentive Stock Options...

By The Startup Law Blog
Are Real Estate Gains Subject to Washington's New 9.9% Income Tax?
News•Apr 7, 2026

Are Real Estate Gains Subject to Washington's New 9.9% Income Tax?

Washington’s newly enacted ESSB 6346 imposes a 9.9% income tax on household income above $1 million, but it expressly excludes gains from the sale of real property. The exclusion covers primary residences, investment rentals, and commercial buildings, stripping those gains from...

By The Startup Law Blog
Does QSBS Avoid Washington’s New 9.9% Income Tax? (Yes — For Now)
News•Apr 6, 2026

Does QSBS Avoid Washington’s New 9.9% Income Tax? (Yes — For Now)

Washington’s ESSB 6346, effective 2028, imposes a 9.9% income tax on household AGI above $1 million. Because Section 1202 excludes qualifying small‑business stock gains from federal gross income, those gains never enter AGI and thus escape the state tax. The article illustrates...

By The Startup Law Blog
QSBS Stacking: How to Multiply the $15M Exclusion with Trusts and Family Gifts
News•Apr 6, 2026

QSBS Stacking: How to Multiply the $15M Exclusion with Trusts and Family Gifts

Qualified Small Business Stock (QSBS) under Section 1202 allows a $15 million exclusion per taxpayer per issuer, but founders can multiply this benefit through "stacking" strategies. By allocating shares to spouses, adult children, and non‑grantor trusts, each party receives its own exclusion,...

By The Startup Law Blog