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RES 20-801 - Opposing the Imposition of a Local Income Tax in FW RESOLUTION NO. 20-801 A RESOLUTION of the City of Federal Way,Washington,opposing the imposition of a local income tax in the City of Federal Way. WHEREAS, Article VII, § 1 of the Washington State Constitution establishes the basic framework for taxation in the state of Washington, including what shall be permitted as a tax; and WHEREAS, the City of Seattle recently attempted to enact an income tax on certain individuals applicable within its municipal boundaries. The Washington State Court of Appeals, Division I ruled that such a tax,when selectively applied,was unconstitutional and invalid.Kunath v. City of Seattle, 10 Wn. App. 2d 205, 210 (2019). Certain language in the court's ruling has caused discussion in some communities across Washington as to whether cities have authority to impose a local income tax, which is legally considered a tax on property; and WHEREAS, the City of Seattle sought further review from the Washington State Supreme Court in the Kunath case, and that court declined to review the decision, leaving it in place and leaving open the question of whether cities may have authority to impose a local income tax; and WHEREAS,the City Council wants to declare its position regarding the potential for cities to impose a local income tax on its residents and businesses; and WHEREAS, businesses large and small provide the economic lifeblood of our City, the region, state, and country; and WHEERAS, the motto of the City of Federal Way is "Centered on Opportunity;" and WHEREAS,businesses are already subject to a highly regressive business and occupation tax imposed by the state of Washington. Although many cities across the state additionally impose a local business and occupation tax, the Federal Way City Council has deliberately chosen not to, Resolution No. 20-801 Page I of 4 electing to create a regulatory and taxing climate based on opportunity for businesses to operate in; and WHEREAS, a lower tax burden encourages businesses and individuals to locate or reside in the City; and WHEREAS, the City Council knows that a strong and inviting business climate is one of the best ways to attract and retain good businesses to employ people in family wage jobs; and WHEREAS, use of a local income tax may generate additional revenue in the short term, but would most likely result in less long-term revenue, due to the dampening effect it would have on our businesses; and WHEREAS, in these times of economic hardship caused by the COVID-19 pandemic, the City Council wishes to avoid imposing an additional tax burden on City residents and businesses. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council hereby declares that it opposes the imposition of a local income tax on the residents and businesses of the City of Federal Way now, or in the future. Such a tax would conflict with the high value the City places on avoiding costly tax burdens on individuals and families and on promoting economic development by inviting businesses and employers to locate and expand in the City. Small businesses are the backbone of our local economy and it is imperative that the City not erect barriers to their success. In addition, many individuals and families are struggling to make ends meet and will benefit from retaining as much of their earnings as possible. As such,the Federal Way City Council unequivocally states that it opposes the imposition of a local income tax, in the event a local income tax is determined legal and permissible by the Washington Resolution No. 20-801 Page 2 of 4 State Supreme Court, the Washington State Legislature, or an inferior Washington state court. Section 2 Severability.If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. ,ection 3. Corrections,. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Rati l icatmion.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 4th day of November, 2020. [Signatures to follow] Resolution No. 20-801 Page 3 of 4 CITY OF FEDERAL WAY: II I�L,.16.11 , _ MAA YOR ATTEST: zv� ,4. _...... S E 1�ANIE COURTNEY, C ' 1'I" CLERK APPROVED AS TO FORM: M J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 10/28/2020 PASSED BY THE CITY COUNCIL: 11/04/2020 RESOLUTION NO.: 20-801 Resolution No. 20-801 Page 4 of 4