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Washington Capital Gains Tax 2026: 7% on Gains, 9.9% Over $1 Million

At a glance

Key Facts

Capital Gains Tax Rate
7% on taxable long-term capital gains up to $1 million after the standard deduction ($278,000 for 2025; 2026 amount not yet published), 9.9% above $1 million (from tax year 2025)
State Income Tax
None in 2026 - Washington has no state income tax on wages, salaries, pensions, or Social Security (a separate high-income tax enacted in 2026, ESSB 6346, is scheduled to start in 2028)
Exemptions
All real estate, retirement accounts (401k/IRA), depreciable business assets, and a deduction for sales of qualified family-owned small businesses
Average Property Tax
0.75% of home value (22nd lowest nationally)
Who Pays
4,461 returns filed for tax year 2024, with $560.6 million in net payments (Washington DOR)
Introduction

Washington State has no income tax on wages, but since 2022 it has had a unique 7% capital gains tax on gains above an annual standard deduction ($278,000 for 2025), with a 9.9% rate on taxable gains above $1 million from tax year 2025. Real estate and retirement accounts are exempt, but the tax applies to stock sales, business sales, and other investment gains.

This guide explains Washington's capital gains tax, exemptions, strategic planning for large stock sales, and how to minimize your Washington capital gains tax liability.

Section 01

Understanding Washington's Capital Gains Tax: A New 7% Levy on Investment Gains

Washington State enacted a capital gains tax in 2021 (effective January 2022) that imposes a 7% tax on long-term capital gains above an annual standard deduction ($278,000 for 2025), with an additional 2.9% (9.9% total) on taxable gains above $1 million starting with tax year 2025. This makes Washington unique among no-income-tax states and affects a small number of high-net-worth residents who realize large investment gains. **Washington Capital Gains Tax Overview** **Tax Rate: 7% up to $1 million, 9.9% above** Washington taxes long-term capital gains (from assets held over one year) after an annual standard deduction: 7% on the first $1,000,000 of taxable gains and 9.9% (7% plus an additional 2.9%) above that, starting with tax year 2025. The standard deduction was: - **2024:** $270,000 - **2025:** $278,000 - **2026:** not yet published by the Department of Revenue (the examples below use the 2025 amount) The tax only applies to gains above the standard deduction, not the first $278,000 of gains. **Example: Washington Capital Gains Tax Calculation** Investor sells stock with $400,000 long-term capital gain: - First $278,000: $0 Washington tax (standard deduction) - Remaining $122,000: $122,000 × 7% = $8,540 Washington capital gains tax - Total tax: $8,540 Additionally, the investor pays federal capital gains tax (0%, 15%, or 20% depending on income) plus 3.8% Net Investment Income Tax if applicable. **What Is Subject to the Capital Gains Tax?** The tax applies to long-term capital gains from sales of: - Stocks, bonds, and other securities - Business interests (with exceptions, see below) - Tangible personal property (art, collectibles, precious metals) - Intellectual property Gains are aggregated annually—if multiple sales in a year result in total long-term gains over $278,000, the tax applies. **What Is EXEMPT from Capital Gains Tax?** Washington exempts many types of capital gains: **Real Estate:** All real estate is exempt, including: - Primary residence sales - Second homes - Vacation properties - Investment real estate (rentals, commercial property) - Land This is a major exemption that shields most homeowners and real estate investors. **Retirement Accounts:** Capital gains within retirement accounts are exempt: - 401(k), 403(b), 457 plans - Traditional and Roth IRAs - SEP-IRAs, SIMPLE IRAs - Pension plans Gains realized inside these accounts don't count toward the $278,000 threshold. **Qualified Family-Owned Small Business (Deduction):** Gains from selling all or substantially all of a qualified family-owned small business can be deducted. Requirements include worldwide gross revenue of $10 million or less in the 12 months before the sale (adjusted annually), plus ownership and participation requirements set out in RCW 82.87.070. This deduction protects owners selling small family businesses. **Other Exemptions:** The tax also does not apply to depreciable business assets, timber, certain livestock, commercial fishing privileges, condemnation gains, and goodwill from franchised auto dealership sales. **Who Actually Pays Washington's Capital Gains Tax?** Very few Washington residents pay this tax: - **Returns filed for tax year 2024:** 4,461 (Washington DOR) - **Net payments for tax year 2024:** $560.6 million, roughly $125,000 per return filed **Typical taxpayers:** - Tech workers exercising large stock option grants - Investors with concentrated stock positions - Business owners selling businesses (if not exempt) - High-net-worth individuals selling investment portfolios Most Washington residents never trigger this tax because: - They don't realize $278,000+ in annual capital gains - Their gains are from real estate or retirement accounts (exempt) - They time sales to stay under threshold **Washington's Tax Competitiveness Despite Capital Gains Tax** Even with the capital gains tax, Washington remains highly tax-competitive: **No State Income Tax:** Washington has zero state income tax on: - Wages and salaries - Self-employment income - Pension and retirement income - Social Security benefits - Interest and dividends For most residents, Washington's lack of income tax far outweighs the capital gains tax. **Example: Tech Worker in Washington vs. California** Software engineer earning $200,000/year with moderate investments: **Washington:** - State income tax: $0 - Annual capital gains: $50,000 (well under $278K threshold) - Capital gains tax: $0 - Total Washington tax: $0 **California:** - State income tax on $250,000 of combined income ($200,000 wages + $50,000 gains, taxed as ordinary income; single filer, 2026): about $18,861 - Total California tax: about $18,861 **Washington advantage: about $18,861/year** Even if the engineer occasionally triggered Washington capital gains tax (7% on gains over $278K), they would typically still pay far less than California taxes on the same income. **Comparing Washington to Other No-Income-Tax States** **Washington vs. Florida:** - Florida: 0% income tax, 0% capital gains tax, property tax 0.78% - Washington: 0% income tax, 7% capital gains tax (over $278K), property tax 0.75% For investors with $500,000 annual capital gains: - Florida: $0 state tax on gains - Washington: ($500,000 - $278,000) × 7% = $15,540 Florida advantage: $15,540/year for high-gain investors **Washington vs. Texas:** - Texas: 0% income tax, 0% capital gains tax, property tax 1.40% - Washington: 0% income tax, 7% capital gains tax (over $278K), property tax 0.75% For a $500,000 home: - Texas property tax: $7,000/year - Washington property tax: $3,750/year - Property tax advantage: Washington by $3,250/year For most residents without large capital gains, Washington's lower property tax makes it more affordable than Texas. **Strategic Planning to Minimize Washington Capital Gains Tax** **Spread Gains Over Multiple Years:** Stay under $278,000 threshold annually: **Example: Selling Business** Business owner sells company for $2 million gain: **Option 1: Sell all at once** - Capital gain: $2,000,000 - Washington tax: $1,000,000 × 7% + ($2,000,000 - $278,000 - $1,000,000) × 9.9% = $70,000 + $71,478 = $141,478 **Option 2: Installment sale over 5 years ($400,000/year)** - Year 1: $400,000 gain - $278,000 standard deduction = $122,000 × 7% = $8,540 - Year 2-5: Same calculation - Total over 5 years: $42,700 **Savings from spreading: $98,778** Installment sales or structured earn-outs can reduce Washington capital gains tax significantly. **Time Sales Around Income Changes:** If you anticipate moving out of Washington or retiring (reducing income), time large gains for those years: - Move to Florida/Texas before selling concentrated stock position - Sell after establishing residency elsewhere - No Washington capital gains tax if you're not a Washington resident when gain is realized **Utilize Real Estate Exemption:** Since real estate is exempt, consider: - Investing in real estate rather than stocks/bonds for appreciation - 1031 exchanges to defer federal gains (Washington exempts all real estate gains regardless) - Real estate provides both appreciation and cash flow without Washington capital gains tax **Maximize Retirement Account Contributions:** Gains within retirement accounts are exempt: - Maximize 401(k): $24,500 for 2026 ($32,500 if age 50+) - Backdoor Roth IRA conversions (pay federal tax, no Washington tax) - Invest growth stocks in retirement accounts where gains compound tax-free **Qualified Family-Owned Small Business Deduction:** If you own a family business: - Keep worldwide gross revenue at or below the statutory limit ($10 million, adjusted annually) in the 12 months before a sale - Meet the ownership and participation requirements in RCW 82.87.070 - Gains from a qualifying sale of the business may be deducted **Harvest Losses to Offset Gains:** Capital losses offset capital gains for Washington purposes (follows federal rules): - If you have $300,000 in gains and $50,000 in losses - Net gain: $250,000 (under $278,000 threshold) - No Washington capital gains tax Strategic loss harvesting can keep you under the threshold. **Constitutional Challenge and Legal Status** Washington's capital gains tax faced constitutional challenges: **Arguments against:** - Washington constitution prohibits income taxes without uniformity - Capital gains are income, so tax violates constitution - Graduated rates (0% under threshold, 7% over) violate uniformity requirement **Washington Supreme Court Ruling (March 2023):** The court upheld the tax as an excise tax on transactions, not an income tax. Key points: - Tax is on the sale transaction, not the income itself - Graduated structure is permissible for excise taxes - Tax does not violate state constitution The tax is currently in effect and being collected. However, potential future ballot initiatives could repeal it. **Revenue and Political Considerations** Washington's capital gains tax raised $840.3 million (tax year 2022), $418.6 million (2023) and $560.6 million (2024) in net payments, earmarked for: - K-12 education - School construction - Early learning programs Political support: - Strongly supported by Democrats (majority in legislature) - Opposed by Republicans and business groups - Initiative 2109 to repeal the tax was rejected by voters in November 2024 (about 64% No) The tax is likely to remain in effect for the foreseeable future, though threshold adjustments and exemptions may evolve. **Washington vs. Oregon: Border Tax Competition** Many high-income residents live near the Oregon-Washington border and can choose which state to reside in: **Washington:** - 0% income tax on wages - 7% capital gains tax (over $278K) - 0.75% property tax **Oregon:** - 9.9% income tax on high earners (progressive) - No separate capital gains tax (taxed as ordinary income at 9.9%) - 0.81% property tax **For a high earner with $500,000 salary and $100,000 capital gains:** **Washington:** - Income tax: $0 - Capital gains tax: $0 (under the standard deduction) - Total: $0 **Oregon:** - Tax on $600,000 of combined income (single filer, 2026, gains taxed as ordinary income): about $57,355 - Total: about $57,355 **Washington advantage: about $57,355/year** Washington remains dramatically more tax-friendly for high earners, even with the capital gains tax. **The Bottom Line on Washington's Capital Gains Tax** For most Washington residents: - The capital gains tax is irrelevant (don't trigger it) - Washington remains a no-income-tax state - Overall tax burden is low compared to high-tax states For high-net-worth investors realizing large gains: - 7% on gains over $278K is significant but manageable - Strategic planning can minimize or avoid the tax - Still more tax-friendly than California, New York, or Oregon For entrepreneurs and business owners: - Small business exemptions protect many - Installment sales reduce tax - Consider residency change before major liquidity event
Section 02

Washington Property Taxes and Sales Tax: Moderate Burdens

While Washington has no income tax, it funds state and local services through property taxes and sales taxes, both of which are moderate compared to peer states. **Washington Property Taxes** Washington's average effective property tax rate is 0.75%, ranking 22nd lowest nationally (or 30th highest, depending on perspective). This is moderate: - Lower than: Oregon (0.81% but with income tax), Texas (1.40%) - Higher than: Hawaii (0.31%), Alabama (0.42%), Louisiana (0.55%), California (0.73% but with high income tax) **Property Tax Calculation:** Property taxes in Washington are based on assessed value (market value) multiplied by combined levy rates from: - State school levies - Local school levies - County levies - City levies - Special district levies (fire, library, hospital, etc.) **Example: King County (Seattle area) Home** - Home market value: $800,000 - Combined levy rate: Approximately 0.90-1.10% depending on specific location - Annual property tax: $7,200-$8,800 **Property Tax Rates by County:** **Higher rates:** - San Juan County: 1.10% - King County (Seattle): 0.90-1.10% - Snohomish County: 0.95-1.05% **Lower rates:** - Ferry County: 0.75% - Stevens County: 0.78% - Pend Oreille County: 0.80% **Senior Property Tax Exemptions:** Washington provides property tax exemptions for seniors and disabled persons: **Senior Citizens/Disabled Persons Exemption:** Reduces or eliminates property taxes based on income: **Income Thresholds and Benefits:** Income limits are tiered and set by county (based on county median household income, RCW 84.36.383); the benefit is a reduction in regular property taxes plus a valuation freeze. Check your county assessor for current limits. To qualify: - Age 61+ or disabled - Own and occupy home as primary residence - Meet income limits **Example: Senior in $400,000 Home** - Property tax without exemption: $3,000 (0.75%) - Savings depend on your county's income limits and the exemption tier you qualify for (the exemption removes part of the regular levies rather than a flat percentage of the bill) **Property Tax Deferral Program:** Homeowners 60+ can defer property taxes with interest. Deferred taxes are repaid when property is sold or owner dies. This is useful for seniors with high home values but low cash flow. **Washington Sales Tax** Washington relies heavily on sales tax. The state rate is 6.5%, and cities and counties add local rates that vary by location; the Department of Revenue publishes current combined rates (dor.wa.gov/localtaxratetable). **What's Taxed:** - Most goods - Some services - Restaurant meals **What's Exempt:** - Groceries (unprepared food) - Prescription drugs - Most professional services For a typical household spending $3,000/month on taxable items at an illustrative 9% combined sales tax rate: - Annual sales tax: $3,240 This is a significant burden, though groceries and prescription exemptions provide some relief. **Business & Occupation (B&O) Tax:** Washington imposes a gross receipts tax on businesses: - Rates vary by business classification (more than 50 classifications) - Applied to gross receipts (not net income) - No deduction for costs, expenses, or losses This is one of Washington's least popular taxes and affects business profitability. Small businesses may qualify for a small business B&O credit.
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FAQ

Frequently Asked Questions

What is Washington State's capital gains tax rate?

Washington State imposes a 7% tax on long-term capital gains (from assets held over one year) above an annual standard deduction ($278,000 for 2025; the 2026 amount had not been published at last check), with a 9.9% rate on taxable gains above $1 million from tax year 2025. Example: If you realize $400,000 in long-term capital gains, Washington taxes only the $122,000 above the standard deduction: $122,000 × 7% = $8,540 tax. The Department of Revenue received 4,461 capital gains tax returns for tax year 2024. Washington has no income tax on wages, salaries, pensions, or Social Security, making it one of nine no-income-tax states despite the capital gains tax.

What types of capital gains are exempt from Washington's capital gains tax?

Washington exempts several types of capital gains: (1) All real estate including primary homes, second homes, vacation properties, rental real estate, and commercial property; (2) Retirement accounts: gains within 401(k), IRA, pension plans, and other qualified accounts are exempt; (3) Qualified family-owned small business: gains from selling all or substantially all of a small family-owned business (worldwide gross revenue of $10 million or less, adjusted annually, plus other tests) can be deducted; (4) Depreciable business assets, timber, certain livestock, commercial fishing privileges, and goodwill from franchised auto dealership sales. These exemptions mean most Washington residents never pay the tax. Real estate investors, retirement savers, and small business owners are largely protected.

How can I avoid or minimize Washington's capital gains tax?

Strategies to minimize Washington capital gains tax: (1) Spread gains over multiple years: Use installment sales or structured sales to keep annual gains under $278,000 threshold; (2) Harvest capital losses: Offset gains with losses to stay under threshold; (3) Time sales strategically: If moving out of Washington or retiring, time large gains for after establishing residency elsewhere; (4) Invest in real estate: All real estate gains are exempt from Washington capital gains tax; (5) Maximize retirement accounts: Gains in 401(k)/IRA are exempt—contribute maximum and hold growth stocks in retirement accounts; (6) Qualified family-owned small business deduction: Structure ownership and revenue to meet the requirements; (7) Defer recognition: Use 1031 exchanges (real estate), qualified opportunity zones, or other deferral strategies. Consult a Washington CPA before large transactions.

Does Washington have state income tax?

No, Washington has no state income tax on wages, salaries, self-employment income, pensions, Social Security benefits, interest, or dividends. Washington is one of nine states with zero state income tax (along with Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, and Wyoming). However, Washington has had a 7% capital gains tax since 2022 on long-term capital gains above an annual standard deduction ($278,000 for 2025), with a 9.9% rate above $1 million of taxable gains from tax year 2025. It affects only a small share of residents. For the vast majority of Washington residents, there is no state tax on their income, making Washington highly tax-competitive especially for high earners who don't regularly realize large capital gains.

How does Washington's tax burden compare to Oregon's?

Washington and Oregon have fundamentally different tax structures: Washington: No income tax, 7% capital gains tax on gains above the standard deduction (9.9% above $1 million), 0.75% property tax, 6.5% state sales tax plus local rates. Oregon: 9.9% top income tax rate (progressive 4.75-9.9%), no separate capital gains tax (taxed as income at 9.9%), 0.81% property tax, 0% sales tax. For a high earner making $300,000/year with $100,000 capital gains: Washington pays $0 state tax (gains under the standard deduction); Oregon pays about $37,555 on $400,000 of combined income (single filer, 2026). Washington advantage: about $37,555/year. For a middle-income earner ($80,000/year, moderate spending): Washington pays an illustrative ~$2,500 in sales tax; Oregon income tax is about $5,398 for a single filer. Washington advantage: about $2,900/year. Washington is more tax-friendly for high earners and moderate earners, while Oregon's lack of sales tax helps low-income residents who spend most of their income.

Who actually pays Washington's capital gains tax?

The Washington Department of Revenue received 4,461 capital gains tax returns for tax year 2024 (and granted 3,403 extensions). Taxpayers can include: (1) Tech workers exercising large stock option grants ($500K+); (2) Investors selling concentrated stock positions; (3) Business owners selling businesses (if not qualifying for small business exemption); (4) High-net-worth individuals liquidating investment portfolios; (5) Trust fund beneficiaries receiving large capital gains distributions. Net payments for tax year 2024 were $560.6 million, roughly $125,000 per return filed. The vast majority of Washington residents never trigger this tax because they don't realize more than the standard deduction in annual capital gains, their gains are from exempt sources (real estate, retirement accounts), or they structure transactions to stay under the threshold.

Is Washington's capital gains tax constitutional?

Yes, as of March 2023, the Washington Supreme Court upheld the capital gains tax as constitutional. The court ruled 7-2 that the tax is an excise tax on the sale of certain assets, not an income tax. This distinction matters because Washington's constitution prohibits income taxes without voter approval and requires tax uniformity. The court found: (1) The tax is on the transaction/privilege of selling assets, not on income itself; (2) Graduated rates (0% under threshold, 7% above) are permissible for excise taxes; (3) The tax does not violate state constitutional provisions. While opponents continue to seek ballot initiatives to repeal the tax, it is currently legal, in effect, and being enforced. Future voter initiatives could potentially repeal it, but the constitutional challenge has been resolved in the state's favor.

Are Washington property taxes high?

Washington property taxes are moderate, averaging 0.75% of home value (22nd lowest nationally). This is: Lower than most high-income-tax states (Illinois 1.88%, New Jersey 1.88%, Connecticut 1.54%); Lower than Texas (1.40%, which has no income tax like WA); Slightly lower than Oregon (0.81%); Much higher than Hawaii (0.31%) or Alabama (0.42%). For a $500,000 home in Washington, average property tax is $3,750/year. In King County (Seattle), effective rates are 0.90-1.10%, so property tax on a $500,000 home is $4,500-$5,500/year. Seniors 61+ and disabled persons may qualify for property tax exemptions based on county income limits. Overall, Washington property taxes are reasonable compared to peer states and lower than many high-tax states.

What is Washington's sales tax rate?

Washington's state sales tax rate is 6.5%, and local jurisdictions add their own rates, so combined rates vary by location (see the Department of Revenue's local rate table). However, groceries (unprepared food) and prescription drugs are exempt. For a household spending $3,000/month on taxable purchases at an illustrative 9% combined rate, annual sales tax burden is approximately $3,240. Washington's high sales tax helps fund state services in the absence of income tax. Combined with no income tax and moderate property tax, Washington's overall tax burden is still lower than high-income-tax states for most residents.

Should I move from California to Washington to save on taxes?

For most high earners, yes—the savings are substantial. Comparison for $300,000/year earner with $100,000 capital gains and $600,000 home: California: income tax about $33,069 on $400,000 of combined income (wages and gains taxed as ordinary income; single filer, 2026), property tax $4,380 (0.73%) = about $37,449 total. Washington: Income tax $0, capital gains tax $0 (under the standard deduction), property tax $4,500 (0.75%) = $4,500 total. Annual savings: about $32,949. Over 20 years: about $658,980. However, consider: (1) One-time moving costs; (2) Washington sales tax is a larger part of the tax mix; (3) Career opportunities (tech is strong in Seattle, entertainment/media in LA); (4) Family and lifestyle factors; (5) Cost of living (Seattle housing expensive but less than SF/LA). For tech workers, retirees, and high earners, Washington can offer substantial annual tax savings compared to California for high earners. Consult a tax professional before relocating.
Disclaimer:This guide provides general information about Washington State taxes for 2026 and should not be considered tax, legal, or financial advice. Washington's capital gains tax is relatively new (effective 2022) and interpretation of exemptions and application may evolve. Individual circumstances vary significantly, and strategic planning for large capital gains transactions should involve qualified professionals. Always consult with a Washington CPA, tax attorney, or financial advisor for advice specific to your situation. The Washington Department of Revenue (dor.wa.gov) is the official source for Washington tax information.
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