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10% Tax On Custom Software, $100M Tax Cut For Microsoft

reifman writes "Last week, the Washington State House of Representatives passed a bill which would impose a 10% tax on custom software while all but eliminating a $100 million yearly tax obligation that some say Microsoft is wrongfully avoiding by routing large chunks of business through an office in Nevada. 'I believe we've got an issue of justice and fairness here,' said Rep. Maralyn Chase. 'Most of the custom software purveyors are small businesses. It's a question for me of how we fairly distribute the tax burden.' 'It means that a 5 person team of entrepreneurs building a cool custom software suite, or a group of system integrators, would face a 10% tax on their services while keeping the exact same project in-house would not be taxed,' wrote Rep. Reuven Carlyle. 'It would be a massive blow to the entrepreneurial community in our state.' The bill won't become law until the House and Senate work out how best to raise another $300 million in taxes. A sales tax increase on consumers is also being considered."

35 of 305 comments (clear)

  1. Bad bill... by LostCluster · · Score: 5, Interesting

    This is clearly is bad for the individual geek who makes their living selling simple custom programs that do only what the user wants/needs and nothing that they don't, unlike Microsoft omnibus packages. It's a case of government by large corporation over the individual if this passes.

    1. Re:Bad bill... by wizardforce · · Score: 4, Insightful

      "Last week, the Washington State House of Representatives passed a bill which would impose a 10% tax on custom software

      Too late, it's already done. Now as for the reason why it isn't law, law yet is a puzzling one: they apparently need to find another 300 million in tax revenue and have completely inored the most obvious: closing the MS tax dodge instead of giving them a free pass that this bill just did. Or they could just I don't know cut all the extraneous crap that they shouldn't be doing to begin with but I suppose that actually solving the problem would piss off everyone dependent on the bloat.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    2. Re:Bad bill... by Red+Flayer · · Score: 5, Informative

      Too late, it's already done.

      Yeah, it's all done, except for those pesky State Senate vote and Governor sign/veto issues.

      have completely inored the most obvious: closing the MS tax dodge instead of giving them a free pass that this bill just did.

      It sounds good until you realize that MS have WA by the balls. Piss them off and they move employees out of state. Boeing did it... MS could too. Sure, there's no state income tax, but that's a lot of sales tax WA won't collect.

      Or they could just I don't know cut all the extraneous crap that they shouldn't be doing to begin with but I suppose that actually solving the problem would piss off everyone dependent on the bloat.

      Have you seen the WA budget over the past two years? They've made DRASTIC cuts in spending. The question is if they can find another $300 MM to cut, or if they're better off find additional $300 MM in revenue. In a poor economic situation, cutting spending is a hell of a anti-stimulus for economic activity... the better course of action is to wait for economic recovery to make additional budget cuts (whether or not that would actually happen is a different story).

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:Bad bill... by westyvw · · Score: 4, Insightful

      Oddly enough, if they stopped using Microsoft products they could recoup a large amount of that money anyways. I have reviewed the IT expenditures of several state agencies and they are blowing money like its no tomorrow, but they have no clue how to get efficiencies because they are so star struck by the crap MS has been dishing out to them for years.

    4. Re:Bad bill... by NotBornYesterday · · Score: 5, Interesting

      Maybe that should be their next step. If MS refuses to pay their fair share of taxes (after all, they enjoy the benefits of the roads, police, fire, and other services that are supported by these taxes, correct?), WA should launch an initiative to go open source. Whether they follow through or not isn't the point (although I'd love to see it happen). Getting MS back to the negotiating table to avoid being embarrassed in their own backyard would be priceless.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    5. Re:Bad bill... by tweek · · Score: 3, Insightful

      Well it's obvious you went to the Keynesien school of economics.

      Every dollar that goverment spends is one less dollar that the individual spends. In fact, the return on government spending is LESS than individual spending (I'm trying to dig up those numbers now).

      You cannot spend your way out of a recession. That money is best left in the hands of the individuals to spend as they will. Will some people resort to the hoarder mentality? Yep but it's not an absolute.

      I don't know the situation in WA but it's not like they're not in the same boat as every other state in the country - reduced revenues and all.

      There really needs to be, in all states, a line by line audit of where the states are spending money and where they can cut that spending or eliminate it entirely.

      Reason did an amazing series with Drew Carey about "saving Cleveland". It had some awesome ideas that have been shown to be successful in other parts of the country. They admit that what works one place may not work in another but honestly when you're faced with a $300m shortfall, maybe you should try something new?

      http://reason.com/blog/2010/02/25/save-the-week-reason-saves-cle

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
    6. Re:Bad bill... by phantomfive · · Score: 5, Interesting

      In a poor economic situation, cutting spending is a hell of a anti-stimulus for economic activity...

      This is an incredibly misleading over-generalization, one which I keep seeing smart people make. If you think about it, it should be obvious that whether 'cutting spending' is good for the economy or bad is extremely dependent on what the money was being spent on, and where the money was coming from.

      On the spending side, it is an extremely bad idea to cut spending on roads if some of the roads become unusable as a result (obviously). It is a rather good idea to cut spending if most of the money ends up directly in another country. This should also be obvious.

      On the income side, when you spend money, it has to come from somewhere. If the government happens to have a pile of cash saved up, a recession is definitely a good time to spend it. If the government has to increase taxes to get the money, it could have a net negative effect on the economy (this also depends on where the money goes: if you raise taxes to build a new road, the resultant positives could outweigh this negative). If the government has to borrow money, it could have a negative effect, because it borrowed money from people who would have otherwise spent the money on potentially more valuable projects. If the government has to get money by printing more, well, you might as well just hit your economy with a sledgehammer.

      See how it is? It's not enough to say spending is good. You have to look at the details. Geeks should be good at that.

      --
      Qxe4
    7. Re:Bad bill... by perlface · · Score: 3, Interesting

      Washington State is spending more money this year than last year - that is not a cut in spending. They have wasted $300mm on a unneeded Data Palace (Center) among other things... A 10% sales tax on custom software is a method to shift funds from the $1billion+ spend on state IT projects into the general fund - because the 10% tax will apply to state projects as well.

    8. Re:Bad bill... by Red+Flayer · · Score: 3, Interesting

      That money is best left in the hands of the individuals to spend as they will.

      That's a bold assertion. What happens when they spend all the money on consumer goods produced in Asia?

      What happens if, instead, the money was spent on infrastructure that directly benefits people in the state?

      You cannot spend your way out of a recession.

      On what basis do you make that assertion? Just regurgitating Austrian or Chicago precepts -- or do you really have an understanding of economics? Even the Austrians recognize that public spending in times of recession stimulates the private economy and can hasten the end of a recessionary period... the value judgment on whether this is the *optimal* course of action in the long run is a different matter.

      Every dollar that goverment spends is one less dollar that the individual spends. In fact, the return on government spending is LESS than individual spending (I'm trying to dig up those numbers now).

      Please do share them when you've found them. I hope they are broken down by sector. Do you have them by state, or just federal? Does the federal breakdown only include domestic spending? Are the societal benefits of the judiciary spending included?

      If it were that easy to determine exactly how effective public spending is, we wouldn't be in this quagmire. I do hope you produce some data that is useful.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    9. Re:Bad bill... by Red+Flayer · · Score: 5, Informative

      OMG how the fuck is increasing taxes , i.e., money flowing to the government, going to increase the economy vs cutting out the middleman and just having the money flow in the economy in the first place??

      Because a lot of the money flowing in the economy in the first place doesn't flow. It is hoarded, it leaves the local economy when used to purchase non-local goods, etc.

      Never mind the fact that *some* public spending has a *positive* impact on the economy greater than the amount spent (public mental health services, for example).

      And never mind that while the government is the "middleman" in the spending, they are not extracting profit. This is not like a creator-wholesaler-distributor transaction where the wholesaler takes some cash and runs off with it as profit. The tax money is returned to the economy, via employee wages, etc. The question is the return on that spending.

      But, like, OMG, whatever...

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    10. Re:Bad bill... by ProfessionalCookie · · Score: 4, Insightful
      Not to mention we should all be wondering what exactly is "software" and what is "custom". Word Macros, HTML, Javascript, Java, PHP, C++, Assembly? Is software for 5 users still custom, 100 users? What if it's only available to certain people but lots of them? What if it's only available at an outrageous per seat price?

      I'm willing to bet the law won't be written by anyone who knows anything about "Custom Software".

    11. Re:Bad bill... by Anonymous Coward · · Score: 4, Insightful

      What you call "hoarding", I call "saving" and the general lack of savings in America is a Bad Thing (tm).

    12. Re:Bad bill... by NotBornYesterday · · Score: 4, Insightful

      -- I wonder if MS has special hidden algorithms in their software: if state=Washington and query="how much state tax Microsoft should pay", then answer=0. --

      You see, that's the problem with closed source software; we'll never know.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    13. Re:Bad bill... by tweek · · Score: 3, Interesting

      Sorry for not posting sooner. Sick child in the house.

      That's a bold assertion. What happens when they spend all the money on consumer goods produced in Asia?

      Irrelevant. Those goods may be produced in Asia but they are sold by people with jobs here - advertisers, retail staff and so forth. I'm not up for getting into a massive discussion about it but take a look at http://cafehayek.com/myths-and-fallacies and some of the articles there. You should have more respect for his opinion than mine. To answer the second question, I'm not an economist but he is.

      I find it interesting that you mention "Even the Austrians..." because I was just reading about that today. I really need to use some sort of web clipping addon.

      Anyway, I would have to say I align myself pretty strongly with Hayek but my personal philosophy is whatever provides the greatest amount of individual economic freedom.

      And I'm still looking for a good "unbiased" source of information on government spending. I hesitate to link to a third-party news source (especially News Busters) quoting Milton Friedman from a book, however this link has a subsection that is of interest:

      http://newsbusters.org/node/27813/print

      My google-fu isn't strong enough at this late hour but I also found an interesting statement:

      "When the economy is doing fine, he estimates, $1 of government spending yields 40 cents in extra production and related jobs." - http://www.dailyfinance.com/story/does-the-return-on-government-spending-triple-in-a-depression/19200069/

      In a such a short article, there's not much meat but I'm interested in seeing any corroboration and/or rebutal to the theories at the end.

      Taken in light of the Friedman statements and the basic reality of where government gets its money would seem to suggest that there IS a very small window where government COULD stimulate the economy.

      However that window is smaller, IMHO, than trying to hit a two-meter thermal exhaust port. On one side (spending too early) it's wasteful and takes money from the private sector. On the other side, you end up with massive inflation.

      I think the safer course of action with those odds is to leave the money with the people who know how to spend it best in their situation, the people who earned it.

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
  2. A different tax proposal by ZuchinniOne · · Score: 4, Insightful

    I propose a 20% tax on people who pass stupid laws!

    1. Re:A different tax proposal by Blakey+Rat · · Score: 3, Insightful

      Hey I know, Washington!

      Maybe you could stop running giant ad campaigns (bus, billboard, web...) telling me to get my swine flu shot. How much did that ad campaign cost? And while we're at it, why don't you stop making new lotto games and spending tons of money advertising them as well? And how much do we spend putting giant "click it or ticket" billboards along every highway? I think it's safe to assume people know that there's a seatbelt law at this point.

      Christ.

  3. FOSS Contributions by c++0xFF · · Score: 3, Interesting

    At first I thought ... "that doesn't affect me, I run Linux" ...

    But what about paying a developer to work on a FOSS application? Would that be taxed? It is custom software, after all.

    1. Re:FOSS Contributions by ircmaxell · · Score: 5, Interesting

      Actually, that's the ticket. If by custom, they mean written against a customers specifications, then it's pretty shitty. If by custom, they mean for one and only one client, then it should be pretty easy to get around. Imagine this. Company A hires you to build a custom piece of software. Once you're done, you just need to make it available for purchase to other companies. Then it's strictly not "custom" anymore, since more than one company can use it. So it all boils down to their definition of custom...

      This is nothing more than a prime example of lobbyists in action. How else could you explain that the first "community" to do this contains one of the largest "non-custom" computer engineering firms in the country? I wonder what the state congressmen (or whatever they are called up there) got in return for this sweet deal... Money? Drugs? Sex? Free Computers?

      --
      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    2. Re:FOSS Contributions by beanball75 · · Score: 5, Interesting

      At first I thought ... "that doesn't affect me..."

      This is a very common attitude that is degrading our lives in all areas in my opinion. To me, it's like playing chess and looking just one move ahead.

    3. Re:FOSS Contributions by Neil+Blender · · Score: 3, Funny

      It's a sales tax, sizzle chest.

    4. Re:FOSS Contributions by c++0xFF · · Score: 4, Interesting

      I was looking over the proposed law and found some interesting information on this.

      First, I'm not a lawyer or politician. Be ye forewarned.

      Page 87 makes it seem that this isn't a new tax, but a removal of an exemption. From the document:

      (7)(a) The term also includes the sale of or charge made for custom software and the customization of prewritten computer software to a consumer, regardless of the method of delivery to the consumer. (b) The term also includes the charge made to consumers for the right to access and use custom software and customized prewritten computer software, where possession of the software is maintained by the seller or a third party.

      In other words, the following are taxable:

      1) The sale of "custom software"
      2) The amount paid to customize software that's already written
      3) Licensing fees to access custom software

      Back to the original question in this thread, it seems that FOSS could fall under 2) in my list -- developers are often paid to add specific features (thereby customizing the software) by individual or companies. As nothing is charged for the sale and licensing of FOSS (generally), 1 and 3 woudn't apply.

      I will say, however, that "custom software" is not defined in said document.

    5. Re:FOSS Contributions by samantha · · Score: 3, Funny

      I feel so much better. They already had a law to force me to bend over with or without lube applied. But they deferred it. So they only removed the deferral they didn't make a *new* decision to rape me. What a relief!

  4. Re:Andrew would be upset, again. by Sponge+Bath · · Score: 5, Insightful

    Andrew Stack would be upset at having to pay any taxes. He was also a loony. The selective 10% on custom software is a supremely stupid thing, but invoking the name of an anti-government crackpot isn't helpful.

  5. Re:Andrew would be upset, again. by lorenlal · · Score: 4, Interesting

    Just so you know, the state of Michigan tried a 3% tax on gross receipts on physicians... It got shot down in the state senate after the house passed it. They're trying it again in by hiding it in a new budget bill.

    I bring this up because it's in the same idea of trying to find new tax sources, that affect a small population to make it not unpopular... And it helps if that particular group is perceived to be "well off." It's poor policy to make one profession bear the burden of the masses (IMHO). It's a great way to try to drive business out of an area. It's also a great way to pass the burden onto the consumer without and claim that taxes have been raised.

  6. Re:Tax custom software ? logic ? by Aquitaine · · Score: 5, Informative

    Sales tax doesn't usually apply to custom software, where 'custom software' means you can't just buy it on a shelf or download it. My company sells custom software that runs youth sports leagues.

    We pay income tax on all our revenue, of course, but we don't have to collect sales tax so long as it's a 'service' -- meaning no 'click here to download our software.' So custom software is not currently taxed in most states.

    Washington state also doesn't have an income tax at all.

    Depending on your current state and existing tax burden, I could see paying a fair tax for something like this, but not ten percent. Custom software is already pretty expensive (possibly one of the reasons it's not currently taxed) and because it doesn't have fixed price, it's tough to track for tax purposes -- I could say 'well, our software costs a hundred bucks, but my consulting fees to set it up and maintain it for you are $10,000 a year' since that's a professional fee/service. Sort of how attorneys work - you're paying for their expertise, not really for a 'product.'

  7. Re:Andrew would be upset, again. by nomadic · · Score: 3, Informative

    If you're going to write to your representative, you might want to mention that the average government worker makes 45% more than their equivalent in the private sector (30% more if you only include salary). I don't know the precise situation in Washington, but in most states with deficits, if the workers pay was cut to the same as they would in the private sector, the deficit would be more than closed.

    My representative likes me to provide cites when I make pronouncements like that.

  8. Re:Andrew would be upset, again. by nomadic · · Score: 3, Interesting

    I have never understood the idea of taxing things people need like income.

    Because that way you can pay for other things people need, like roads, hospital, military protection, police, fire, etc. There honestly isn't really anything taxable other than income that can cover these things.

  9. Re:Microsoft's tax cut and a sales tax by LordKazan · · Score: 3, Interesting

    sales taxes are not just not-progressive - they're regressive.

    Rich and poor people need to buy a lot of the same basic things that are taxed - that tax eats up a larger percent of a poor persons income. that is the definition of a regressive tax.

    --
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  10. The sponsor of the bill by Vinegar+Joe · · Score: 3, Informative

    Is Senator Margarita Prentice. According to her bio, she is a member of:

    "American Civil Liberties Union; Amnesty International; Democratic National Committee; First Vice President, Washington State Nurses Association, 1968-1972; Labor Officer, Washington State Nurses Association, 1974-1978; Sierra Club; Renton Historical Society; Audubon Society; Humane Society of United States."

    http://www.senatedemocrats.wa.gov/senators/Prentice/biography.htm

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
    1. Re:The sponsor of the bill by bill_mcgonigle · · Score: 3, Insightful

      Aren't these all the people who are supposed to be standing up for rights, minorities, and the little guy? this is deplorable!

      Right hemisphere, wrong quadrant. These are largely in the "you should give all your money to the State _and_ be free to have sex with a tree" camp.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  11. Re:Andrew would be upset, again. by Archangel+Michael · · Score: 3, Insightful

    Yes.

    Road Taxes paid by Taxes on Fuel. Not enough roads, raise taxes on fuel, doubles to reduce cars on the roads, and pays for increased roads. Smog increases, then raise taxes on smog producing fuel.

    Military can be paid for with taxes on corporations (state created entities), and cross boarder transaction taxes.

    Fire and Police are local, and should be paid for by local taxes like property taxes, since they are used to protect property.

    The problem as I see it today, we have no balance in taxing and spending. We have big tax/spend (D) and little tax/big spend (R). Nobody is really offering the REAL solution which is to spend what we tax and tax what we spend. Letting the people vote with their wallets on what is a priority with them.

    Of course that doesn't sit well with the busybodies and dogodders who love to spend other peoples money and stick their noses in everyone else's business. Yes, I'm talking about both (D) and (R).

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  12. Re:Andrew would be upset, again. by phantomfive · · Score: 3, Informative

    Here you go. If you want to get around the paywall, try the first link from this search. It isn't a surprising statistic though if you've ever worked with the government, although I'm sure the pay inequality isn't spread equally. As an example, my brother and I both worked in construction for a summer, me building houses, and him building a prison for the government, and his pay was 2.5 times what mine was. Stories like this are all over if you work in California.

    I guess people don't really like this topic (since the original post was modded down), but I think it's one that's going to gain more prominence in the next few years, along with public pensions, as they get more and more expensive. It should be clear to everyone by now that the government is either going to have to cut spending or increase taxes, most likely a combination of both. I see paying employees a sane wage as a reasonable step towards a more balanced budget, but if the rest of the voters disagree with me, that's ok. Regardless, we're going to have to do something as on our present trajectory we're headed towards disaster.

    --
    Qxe4
  13. Re:Microsoft's tax cut and a sales tax by Red+Flayer · · Score: 4, Informative

    You can assume that sales tax is more of a burden on the poor, if you also assume the poor and the rich have similar spending habits. But they don't. When I was living up in washington, I spent 100$ a week at the grocery store. Meanwhile, my poor ass friends were spending 100$ a month. Pretty sure I paid more taxes than any two of them combined, given my income, that wasn't unreasonable.

    You don't have to assume any such thing. If you want, you can actually check the data. It's available. The truth of the matter is that poor people spend a higher proportion of their income on taxable goods than wealthy people do. Keep in mind that "necessities" are exempt from sales tax in all, or almost all, states... this includes food.

    Keep in mind that it's probalbe that you paid more in tax than your poor friends did... but as a percentage of your income? Not as likely... I think you're unclear on what a regressive tax is. It means that as a proportion of income, people with lower income pay more than those with higher income. So if you make $100,000 a year and pay out $1000 in sales tax (1 %), but they make $25,000 a year and pay out $300 (1.2%) in sales tax, it's an example of the regressive nature of sales tax. The math gets even worse for the poor when you compare disposable income, rather than total income.

    Say if you make less than 25k a year you pay 1/2 taxes? Does that mean you support making the top 10% pay double? Because it's the same thing.

    Yes, you just gave an example of how a progressive tax schedule could be implemented. And while I'm not the person you responded to, I do believe that a progressive tax is ideal.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  14. repairs by zogger · · Score: 3, Insightful

    Is repairing infected OS and apps using third party tools at the computer fixit shop a matter of customization? Scenario: The PC owner comes in with the borked machine, it has a state of software level. The tech uses his antivirus and search and destroy stuff and skillz, and customizes the software on the customer's drive, to get it back to a functional level. Perhaps they also add a couple new features, like FF and OO.

    With that said, the malware/botnet authors and maintainers could be charged with tax evasion in addition to any other crimes, by customizing software. heh.

  15. Re:Move by westlake · · Score: 3, Informative

    Fortunately my little corporation isn't in Washington. I know first hand that there are many states more conducive to small business.

    Fun facts about Wshington state:

    Estimated at 8.9% of income, Washington's state/local tax burden percentage ranks 35th highest nationally, below the national average of 9.7%. Washington taxpayers pay $4,334 per capita in state and local taxes.


    Washington ranks 9th in the Tax Foundation's State Business Tax Climate Index. The Index compares the states in five areas of taxation that impact business: corporate taxes; individual income taxes; sales taxes; unemployment insurance taxes; and taxes on property, including residential and commercial property. Neighboring states ranked as follows: Idaho (18th), Oregon (14th) and California (48th).


    Washington levies no state personal income taxes, joining Alaska, Florida, Nevada, South Dakota, Texas and Wyoming as the only other states not to do so.

    Washington's corporate tax structure contains no corporate income tax. Nevada, Texas and Wyoming are the only other states that do not levy corporate income taxes. However, Washington levies the nation's oldest gross receipts tax, the Business and Occupations (B&O) Tax, first instituted in 1933. Washington, Texas, Ohio, Michigan and Delaware are the only states to levy economy-wide gross receipts taxes.

    Washington levies a 6.5% general sales or use tax on consumers, slightly above the national median of 6%. In 2006, state and local governments combined collected $1,868 per capita in general sales taxes, which ranks the highest in the nation. Washington's gasoline tax stands at 37.5 cents per gallon, which ranks 3rd highest nationally. Washington's cigarette tax stands at $2.025 per pack of twenty and ranks 8th highest nationally. The sales tax was adopted in 1933, the gasoline tax in 1921 and the cigarette tax in 1935.

    Washington is one of the 37 states that collect property taxes at both the state and local levels. As in most states, local governments collect the majority of property taxes. Washington's localities collected $835.25 per capita in property taxes in fiscal year 2006, which is the latest year the Census Bureau published state-by-state property tax collections. At the state level, Washington collects more property taxes than most states do. In FY 2006, Washington collected $257.73 per capita, bringing its combined state/local property taxes to $1,092.98 per capita, which ranks 25th highest nationally.

    Washington taxpayers receive less federal funding per dollar of federal taxes paid than the average state. Per dollar of Federal tax collected in 2005, Washington citizens received approximately $0.88 in the way of federal spending. This ranks the state 38th highest nationally and represents a decline from 1995, when Washington received $0.97 per dollar of taxes in federal spending (ranked 31st nationally). Neighboring states and the federal spending received per dollar of federal taxes collected were: Idaho ($1.21) and Oregon ($0.93). The Facts on Washington's Tax Climate