Real Housing Reform Blog

The Tech Tax: How Washington's B&O Surcharges Target Big Tech—and What It Means for Everyone Else

Written by Brian Gass | May 11, 2026 7:20:30 PM

By Brian Gass, Executive Director, Real Housing Reform Initiative

In May 2025, Washington State passed the largest tax increase in state history: a $9.4 billion revenue package designed to close a projected $16 billion budget shortfall. Buried within the headlines about new sales taxes on services and B&O rate increases was a dramatic escalation in how Washington taxes its most valuable industry: technology.

The advanced computing surcharge—a tax specifically targeting companies like Microsoft, Amazon, and other major cloud computing providers—jumped from 1.22% to 7.5%, with the annual cap increasing from $9 million to $75 million per affiliated group. For perspective, that's more than an eightfold increase in the maximum surcharge any single corporate family can pay.

This isn't just about big tech companies writing bigger checks. It's a case study in how Washington structures its tax system: who gets targeted, why certain industries bear disproportionate burdens, and what happens when the state faces revenue shortfalls.

Understanding Washington's B&O Tax

Before diving into the surcharges, it's crucial to understand Washington's Business & Occupation (B&O) tax—a tax system unique in the United States.

Washington is one of just seven states with no personal income tax. It's also one of the few states without a corporate income tax. Instead, Washington levies the B&O tax: a gross receipts tax on business activities within the state.

Unlike income taxes (which tax profit), the B&O tax applies to gross revenue. This means businesses pay tax whether they're profitable or not. A company with $10 million in revenue and $11 million in expenses still owes B&O tax on that $10 million.

Standard B&O rates vary by business classification:

  • Manufacturing, wholesaling, extracting: 0.484% → increasing to 0.5% (January 1, 2027)
  • Retailing: 0.471% → increasing to 0.5% (January 1, 2027)
  • Service and other activities: 1.5% to 2.1% (progressive, based on gross income)

These might seem like small percentages, but on gross revenue, they add up quickly. A business with $100 million in gross revenue at the 2.1% rate owes $2.1 million annually—regardless of profitability.

The 2025 Surcharge Escalation

The 2025 tax package (primarily ESHB 2081) didn't just raise base rates. It dramatically expanded surcharges targeting specific industries and large businesses:

Advanced Computing Surcharge: The Big Jump

Old rate: 1.22% with a $9 million annual cap per affiliated group
New rate: 7.5% with a $75 million annual cap per affiliated group
Effective: January 1, 2026

This surcharge applies to "select advanced computing businesses"—defined as members of an affiliated group where:

  1. At least one member engages in advanced computing (cloud computing, data centers, etc.)
  2. The affiliated group had worldwide gross revenue exceeding $25 billion in the prior year

In practice, this targets Amazon Web Services, Microsoft Azure, and a handful of other cloud computing giants.

The math is stark. A qualifying company at the old cap paid $9 million maximum annually. Under the new system, that company could pay $75 million—an increase of $66 million per year, every year.

Financial Institutions Surcharge: Steady Increase

Old rate: 1.2%
New rate: 1.5%
Effective: October 1, 2025

This surcharge applies to "specified financial institutions"—members of a consolidated financial institution group that reported annual net income of at least $1 billion.

While less dramatic than the advanced computing increase, this represents a 25% rate hike on an already-substantial surcharge.

Large Business Surcharge: The New One

Rate: 0.5% on Washington taxable income over $250 million
Effective: January 1, 2026
Sunset: December 31, 2029 (temporary)

This is entirely new—a surcharge targeting businesses with more than $250 million in Washington taxable income annually, regardless of industry.

Key exemptions include:

  • Businesses already paying the advanced computing surcharge
  • Businesses already paying the financial institutions surcharge
  • Manufacturing activities
  • Wholesaling/retailing of products manufactured by the taxpayer
  • Various specific product categories (fuel, food, timber, etc.)

An estimated 400+ businesses will pay this surcharge.

Service & Other Activities: Progressive Tiers

For businesses in the service classification, the rate structure became progressive effective October 1, 2025:

  • Under $1 million in gross income: 1.5%
  • $1 million to $4.99 million: 1.75%
  • $5 million or more: 2.1%

Hospitals and select advanced computing businesses remain at 1.5% regardless of income level.

Why Target Tech Specifically?

Washington's decision to dramatically increase the advanced computing surcharge wasn't random. It reflects several political and economic realities:

1. Revenue Concentration

Tech companies, particularly cloud computing providers, generate enormous revenue. Amazon and Microsoft alone account for a massive share of Washington's total B&O tax collections. When the state needs billions in new revenue, targeting the companies with the deepest pockets is politically expedient.

2. Physical Presence Lock-In

Unlike manufacturing or retail operations that can relocate relatively easily, cloud computing infrastructure is expensive and geographically sticky. Once Amazon has built massive data centers and fiber networks in Washington, they can't easily move to avoid state taxes.

The Wayfair decision (covered in a previous post) made it even harder for tech companies to escape Washington's reach. Economic nexus means Amazon Web Services pays B&O tax on revenue from Washington customers regardless of where the servers are located.

3. Political Palatability

Taxing Amazon and Microsoft is far more popular than raising sales taxes on consumers or property taxes on homeowners. When faced with a $16 billion shortfall, legislators chose to concentrate pain on companies that can afford it and lack a sympathetic constituency.

4. Federal Tax Cut Offset

The federal Tax Cuts and Jobs Act of 2017 significantly reduced corporate tax rates at the federal level. Washington's surcharge increases can be framed as capturing some of that windfall for state purposes.

The Real Estate Exemption Context

Here's where this connects to Washington's broader tax structure: while the state aggressively pursues tech revenue through ever-increasing surcharges, it maintains broad exemptions for real estate transactions.

Consider the contrast:

Technology companies face:

  • Base B&O tax on all gross revenue
  • Additional 7.5% surcharge (if advanced computing)
  • No deductions for expenses or losses
  • Tax applies whether profitable or not

Real estate transactions enjoy:

  • Complete exemption from the capital gains tax
  • Real Estate Excise Tax (REET) at 1.28-3% (far lower than tech surcharges)
  • Property tax as the primary burden

Why the different treatment?

Real estate transactions generate ongoing property tax revenue—Washington's second-largest tax stream at approximately $18 billion annually. Heavy taxation of real estate sales could reduce transaction velocity, potentially threatening that base.

Tech companies, by contrast, generate B&O tax on ongoing operations. Increasing surcharges doesn't reduce the tax base—it just extracts more from existing activity. Tech companies can't stop operating in Washington without abandoning customers and infrastructure.

The "Temporary" Surcharge That Won't Be

The large business surcharge ($250M+ threshold) is officially temporary, with a sunset date of December 31, 2029.

Don't believe it.

This is a common legislative tactic: implement a "temporary" tax increase to address an immediate crisis, then extend it when the sunset date approaches. California's "temporary" taxes have been extended repeatedly for decades.

By 2029, Washington's budget will have incorporated that $400+ million in annual revenue. Legislators will face a choice: let the surcharge expire and cut services, or extend it "temporarily" for another few years.

We all know which option they'll choose.

The Pass-Through Problem

One underappreciated impact of these surcharges is how they affect pass-through entities—S-corporations, partnerships, and LLCs where business income flows through to individual owners.

The millionaire income tax (covered in a separate post) taxes individual income over $1 million at 9.9%. But that income often includes pass-through income from businesses.

Here's the compounding effect:

  1. Business pays 7.5% B&O tax on gross revenue (advanced computing)
  2. Remaining profit flows to individual owners
  3. Individual pays 9.9% millionaire tax on that income over $1M
  4. Individual also pays federal income tax on the same income

A tech executive earning pass-through income from a cloud computing business could effectively face:

  • 7.5% on gross revenue (company level)
  • 9.9% on net income over $1M (individual level)
  • 37% federal income tax (top bracket)
  • 3.8% Medicare surtax

That's not double taxation—it's quadruple taxation on the same economic activity.

Small Business Impact: The Hidden Cost

The surcharges themselves only hit large businesses. But their impact ripples through the economy.

When Amazon Web Services faces a $60+ million surcharge increase, they don't absorb it entirely. They pass costs through to customers via higher prices. Small businesses using AWS see their cloud computing bills rise, squeezing margins.

Similarly, when service businesses face the new progressive rate structure (2.1% for revenue over $5M), they adjust pricing or cut costs. That often means fewer employees, lower wages, or reduced investment.

The B&O tax is particularly brutal for startups and small businesses with thin margins. A software company with $10 million in revenue and $11 million in expenses (typical for a growing tech company) still owes $150,000+ in B&O tax despite losing money.

The Compliance Burden: Death by 1,000 Forms

Beyond the tax itself, Washington's B&O system imposes massive compliance costs.

Companies must:

  • Track revenue by B&O classification (manufacturing vs. retailing vs. service)
  • Source revenue to Washington for economic nexus purposes
  • Calculate different rates for different business activities
  • File monthly, quarterly, or annual returns depending on revenue
  • Navigate complex deduction rules
  • Determine surcharge applicability
  • Handle audits and disputes

For Amazon or Microsoft with sophisticated tax departments, this is manageable. For a small consulting firm or software startup, it's a nightmare.

Third-party compliance software helps, but it's expensive—another hidden cost borne by businesses trying to operate in Washington.

What Happens Next?

Washington's 2025 tax package generates $9.4 billion over four years. But the state already faces another projected shortfall of $4-8 billion for the 2025-2027 biennium.

When the next shortfall arrives, where will legislators look?

The pattern is clear:

  1. Tech surcharges: Already maxed out at 7.5%
  2. Large business surcharge: "Temporary" but will be extended
  3. Service rate increases: Room to push the 2.1% rate higher
  4. Threshold reductions: Lower the $250M threshold to capture more businesses

Real estate? Still largely exempted to protect property tax revenue.

The Fairness Argument

Defenders of the surcharges argue they're necessary for tax fairness. Washington's tax system is regressive—the bottom 20% of earners pay 13.8% of income in taxes while the top 1% pays just 4.1%.

The tech surcharges help correct this by extracting more from the highest-earning sector. Combined with the millionaire income tax and expanded Working Families Tax Credit, the 2025 package does shift the tax burden toward higher earners.

But there's a competing fairness question: Is it fair to single out specific industries for dramatically higher taxation?

If the goal is tax fairness, why not apply uniform rates across all industries? Why should a tech company pay 7.5% on gross revenue while a manufacturing company pays 0.5%?

The answer comes back to revenue protection. Manufacturing supports jobs and property tax revenue. Tech generates massive revenue that's hard to offshore. The choice is clear: tax what can't escape, protect what generates secondary benefits.

Conclusion: The Hidden Cost of No Income Tax

Washington's aggressive tech surcharges are a direct consequence of the state's constitutional inability to tax income.

With no income tax and no corporate income tax, Washington must rely on sales tax, property tax, and the B&O tax to fund government. When revenue shortfalls emerge, the state has limited tools:

  1. Raise sales taxes (politically unpopular, regressive)
  2. Raise property taxes (limited by 1% annual cap)
  3. Increase B&O rates and surcharges (targets specific industries)

Tech companies became the easiest target: enormous revenue, physical infrastructure lock-in, and limited political sympathy.

The 7.5% advanced computing surcharge represents Washington's admission that the B&O tax system is inadequate for funding modern government. But rather than fundamentally reform the system, the state keeps adding surcharges and carveouts.

The result? A tax code that's increasingly complex, industry-specific, and arbitrary in its burden distribution.

Amazon and Microsoft can afford $75 million surcharges. But the next generation of tech companies might look at Washington's tax structure and decide to build elsewhere.

When that happens, the state won't just lose surcharge revenue—it'll lose the jobs, property taxes, and economic activity that tech companies generate.

By then, legislators will face another revenue crisis. And they'll raise taxes on whoever's left.

Next in this series: The Capital Gains Tax and its real estate exemption—$560 million collected, yet property transactions remain untouched.

Sources:

  • ESHB 2081 (2025) - Washington State Legislature
  • Washington Department of Revenue, "Service and Other Activities Rate Changes"
  • Various tax advisory analyses from Wipfli, Forvis Mazars, Grant Thornton, BPM, CLA, and Stoel Rives

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