(1) In computing tax under this chapter for a taxable year, a taxpayer may deduct from his or her Washington capital gains the amount of adjusted capital gain derived in the taxable year from the sale of substantially all of the fair market value of the assets of, or the transfer of substantially all of the taxpayer’s interest in, a qualified family-owned small business, to the extent that such adjusted capital gain would otherwise be included in the taxpayer’s Washington capital gains.
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Terms Used In Washington Code 82.87.070

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) For purposes of this section, the following definitions apply:
(a) “Assets” means real property and personal property, including tangible personal property and intangible property.
(b) “Family” means the same as “member of the family” in RCW 83.100.046.
(c)(i) “Materially participated” means an individual was involved in the operation of a business on a basis that is regular, continuous, and substantial.
(ii) The term “materially participated” must be interpreted consistently with the applicable treasury regulations for Title 26 U.S.C. § 469 of the internal revenue code, to the extent that such interpretation does not conflict with any provision of this section.
(d) “Qualified family-owned small business” means a business:
(i) In which the taxpayer held a qualifying interest for at least five years immediately preceding the sale or transfer described in subsection (1) of this section;
(ii) In which either the taxpayer or members of the taxpayer’s family, or both, materially participated in operating the business for at least five of the 10 years immediately preceding the sale or transfer described in subsection (1) of this section, unless such sale or transfer was to a qualified heir; and
(iii) That had worldwide gross revenue of $10,000,000 or less in the 12-month period immediately preceding the sale or transfer described in subsection (1) of this section. The worldwide gross revenue amount under this subsection (2)(d)(iii) shall be adjusted annually as provided in RCW 82.87.150.
(e) “Qualified heir” means a member of the taxpayer’s family.
(f) “Qualifying interest” means:
(i) An interest as a proprietor in a business carried on as a sole proprietorship; or
(ii) An interest in a business if at least:
(A) Fifty percent of the business is owned, directly or indirectly, by any combination of the taxpayer or members of the taxpayer’s family, or both;
(B) Thirty percent of the business is owned, directly or indirectly, by any combination of the taxpayer or members of the taxpayer’s family, or both, and at least:
(I) Seventy percent of the business is owned, directly or indirectly, by members of two families; or
(II) Ninety percent of the business is owned, directly or indirectly, by members of three families.
(g) “Substantially all” means at least 90 percent.

NOTES:

Automatic expiration date and tax preference performance statement exemption—2021 c 196: See note following RCW 82.87.010.
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