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Direct Indexing in Washington State: 7% and 9.9% Capital Gains Tax

Washington has no general income tax — wages, salaries, and RSU vesting income are all exempt from state tax. But in 2022, Washington enacted a capital gains excise tax on long-term investment gains above an annual deduction. A new 9.9% tier on gains above $1 million was added in 2025 via SB 5813. Combined with the federal LTCG rate and NIIT, Washington's top-bracket investors now face 30.8%–33.7% on long-term capital gains. For Amazon and Microsoft employees, founders, and executives with concentrated equity positions, that combined rate makes direct indexing substantially more valuable than in no-state-tax jurisdictions. Here's the math.

Washington's capital gains excise tax: the two-tier structure

Washington's capital gains tax was upheld by the Washington Supreme Court in Quinn v. State of Washington (March 2023) as an excise tax on the realization of long-term capital gains — not an income tax. The tax is computed on the same capital gains the taxpayer reports for federal income tax purposes, above an annually inflation-adjusted standard deduction.1

For 2025, the standard deduction is $278,000 per individual. The Washington Department of Revenue adjusts this figure annually for inflation; the 2024 deduction was $270,000 and the 2026 figure had not been published as of May 2026 — expect approximately $284,000–$290,000 based on the trend.1

The rate structure as of 2026:

WA long-term capital gainsWA excise tax rate
Below annual standard deduction (~$278K for 2025)0%
Above deduction, up to $1,000,0007%
Above $1,000,0009.9%

The 9.9% tier on gains above $1 million was added by SB 5813, signed by Governor Bob Ferguson on May 20, 2025, with retroactive application to January 1, 2025. The $1 million threshold is fixed in statute and not indexed for inflation.2

Exemptions from the WA capital gains excise tax include real estate sales, distributions from retirement accounts (IRAs, 401(k)s, pensions), sales of certain farm and agricultural assets, installment sales of WA-based small businesses, and condemnation proceeds. The exemption for real estate is broad — Washington residents selling appreciated property do not owe the WA excise tax on the gain, regardless of size.1

Combined capital gains rate for Washington investors

Federal and Washington rates stack as follows for investors above the 20% federal LTCG threshold (taxable income above $545,500 single / $613,700 MFJ in 2026):6

Gain levelFederal LTCGFederal NIITWA exciseCombined rate
Below WA deduction (~$278K)20%3.8%0%23.8%
WA deduction to $1M20%3.8%7%30.8%
Above $1M20%3.8%9.9%33.7%

Investors with taxable income below the 20% federal threshold but above the 15% threshold ($98,900 MFJ in 2026) pay 15% federal LTCG instead — combined with NIIT and WA excise, those rates are 15% + 3.8% + 7% = 25.8% (middle tier) or 15% + 3.8% + 9.9% = 28.7% (top tier).6

Washington's no-income-tax status means wages, salary, RSU ordinary income, and Roth conversion income are not subject to any Washington state tax. The LTCG excise applies only to realized long-term gains on capital assets. This is the opposite of California or New York, which apply their income tax rates to both ordinary income and capital gains.

Every $30,000 of harvested losses saves $9,240 in Washington (30.8% tier) vs. $7,140 in Texas.
At a $2M taxable account generating 1.5% annual harvest, that's $2,100 more in after-tax wealth per year in Washington — before the compounding effect of sheltered gains.

Break-even table: Washington vs. no-state-tax

Annual net benefit of direct indexing, assuming a 1.5% annual harvest rate and a 0.25% fee premium over a low-cost ETF. "WA top" uses the 33.7% combined rate (gains above $1M). "WA mid" uses the 30.8% rate (gains between the deduction and $1M). TX/FL uses 23.8% federal only.

Portfolio sizeAnnual harvest (1.5%)WA top (33.7%)WA mid (30.8%)TX/FL (23.8%)Fee (0.25%)WA mid net
$250,000$3,750$1,264$1,155$893$625+$530
$500,000$7,500$2,528$2,310$1,785$1,250+$1,060
$1,000,000$15,000$5,055$4,620$3,570$2,500+$2,120
$2,000,000$30,000$10,110$9,240$7,140$5,000+$4,240
$5,000,000$75,000$25,275$23,100$17,850$12,500+$10,600

Assumes 1.5%/year harvest rate and 0.25% DI fee premium over a low-cost ETF. WA top uses 33.7% combined (9.9% WA + 23.8% federal). WA mid uses 30.8% (7% WA + 23.8% federal). TX/FL uses 23.8% federal only. These are estimates; actual harvest rates vary with market conditions. WA tax savings shown are for gains above the annual WA deduction threshold only.

Amazon and Microsoft employees: the RSU asymmetry

Washington is home to two of the largest employers of RSU-compensated tech workers in the world: Amazon (Seattle HQ) and Microsoft (Redmond). The WA LTCG excise tax creates a specific planning challenge — and opportunity — for these employees because of how the tax interacts with equity compensation.

What the WA excise tax does NOT apply to:

What the WA excise tax DOES apply to:

The strategy for Amazon and Microsoft RSU holders in Washington:

The $278,000 threshold: when the WA excise tax doesn't apply

Investors with annual long-term capital gains below the WA standard deduction (~$278,000 for 2025, ~$284,000–$290,000 expected for 2026) pay zero Washington excise tax — their gains are only subject to federal LTCG and NIIT at 23.8% (or 15% + 3.8% if below the 20% federal threshold).

For these investors, direct indexing still provides value at the federal level. But the incremental benefit of WA state tax savings is zero. The threshold planning question:

The implication: Washington investors who anticipate a large single-year capital gain event (IPO secondary, concentrated stock diversification, business sale) benefit most from building a DI loss bank before the event, not after. A specialist advisor can model the expected gain, work backward to the loss bank size needed, and recommend the platform and deployment timeline.

Annual LTCG eventWA taxable gain (above $278K)WA excise at 7%Combined rate on taxable WA portion
$100,000 (routine seller)$0$023.8% federal only
$300,000 (modest event)$22,000$1,54030.8% on the $22K WA portion
$700,000 (concentrated-stock sale)$422,000$29,54030.8% on the $422K WA portion
$2,000,000 (IPO / business exit)$1,722,000 ($722K at 7%, $1M at 9.9%)$149,540Blended 30.8–33.7%

Roth conversions in Washington state: the no-ordinary-income-tax advantage

Washington's no-income-tax environment creates an important Roth conversion planning advantage. In states like California (13.3% state rate) or New York (9.65–10.9% state rate), a Roth conversion adds to the state income tax bill at the full ordinary-income rate. In Washington, Roth conversion income is ordinary income — and Washington levies no tax on ordinary income.

This makes Washington one of the best states in the country for accelerating Roth conversions. The direct indexing interaction:

See the Roth conversion + DI guide for the worked mechanics.

Washington estate tax context

Washington State imposes a separate estate tax — one of only a handful of states with one — with a graduated rate of 10%–20% on estates above approximately $2.193 million (the exemption is indexed for inflation).4 This is distinct from both the federal estate exemption ($15 million under OBBBA 2025) and the capital gains excise tax.

The direct indexing interaction with WA estate planning:

See the DI estate planning guide for the full §1014 step-up framework.

Platform selection for Washington state investors

All major direct indexing platforms serve Washington investors through advisor networks. Considerations specific to WA and the Amazon/Microsoft employee base:

Amazon and Microsoft employees: the employer-stock wash-sale screen is non-negotiable.
If you receive AMZN or MSFT shares through RSU vesting, ESPP, or stock option plans, your DI portfolio must exclude that employer's stock. Any other configuration risks permanent wash-sale disallowance on losses harvested in the DI account. This is the most common implementation error for tech-company DI clients in Washington — a specialist advisor configures this screen correctly from day one.

Sources

  1. Washington Department of Revenue — Capital Gains Tax. WA capital gains excise tax: 7% rate on long-term capital gains above the annual standard deduction (~$278,000 for 2025, inflation-adjusted). Exemptions: real estate sales, retirement account distributions, farm assets, small business installment sales. Standard deduction adjusts annually per CPI. The $278,000 deduction applies per individual; each filer receives their own deduction.
  2. Washington Department of Revenue — New Tiered Rates for Washington's Capital Gains Tax. SB 5813 (signed May 20, 2025) added a 9.9% tier on long-term capital gains above $1,000,000, retroactive to January 1, 2025. The $1,000,000 threshold is fixed in statute and not indexed for inflation. The 7% rate continues to apply on gains between the standard deduction and $1,000,000.
  3. Brickley Wealth — Washington Tax Changes 2026: Capital Gains, Estate & Millionaires Tax. Analysis of WA's current capital gains excise tax structure, the 9.9% tier, and estate tax — with context for Washington high-earners navigating the changing landscape.
  4. Washington Department of Revenue — Estate Tax. Washington state estate tax applies to estates above approximately $2.193 million (inflation-adjusted). Rate is graduated from 10% to 20%. WA estate tax is distinct from the federal estate tax and from the capital gains excise tax. The §1014 step-up in basis still applies to inherited assets for capital gains purposes.
  5. Tax Foundation — State Capital Gains Tax Rates, 2026. Washington: 7%/9.9% on long-term capital gains. CA: 13.3%. OR: 9.9%. NY: 10.9% (above $25M). TX and FL: 0%. Federal LTCG + NIIT at top bracket: 23.8%.
  6. IRS Rev. Proc. 2025-32 — 2026 Federal Tax Thresholds. 2026 federal long-term capital gains rate thresholds: 20% rate begins at $545,500 (single) / $613,700 (MFJ); 15% rate begins at $49,450 (single) / $98,900 (MFJ). NIIT threshold: $200,000 (single) / $250,000 (MFJ), not inflation-adjusted per IRC §1411.

Washington capital gains excise tax rates verified against WA Department of Revenue guidance as of May 2026. 9.9% tier verified per SB 5813 special notice (WA DOR). Federal LTCG thresholds verified per IRS Rev. Proc. 2025-32. WA standard deduction for 2026 not yet published as of May 2026; figure of ~$278,000 is the 2025 confirmed amount. Harvest rate estimates (1.5%/year) are based on industry research and vary significantly with market conditions. This page is informational only and does not constitute financial, tax, or legal advice. Consult a CPA or tax attorney for your specific situation.

Get matched with a direct indexing specialist for Washington state

At 30.8%–33.7% combined, every dollar of loss harvested in Washington is worth 29%–41% more than in a no-state-tax state. A specialist can model your Amazon or Microsoft equity position, expected LTCG events, and Washington tax picture — including RSU vesting schedules, concentrated stock holdings, and QSBS timing — to give you a real net-benefit estimate. Free match, no obligation.

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