May 26, 2022

Volume XII, Number 146

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Washington State’s Mandatory Withholding for Long-Term Care Put on Hold

In 2019, the Washington State Legislature (Legislature) established the Long-Term Services and Supports Trust Program (LTSS Trust Program) to provide funding for eligible beneficiaries that they can apply to the cost of their long-term care. The LTSS Trust Program is funded through a 0.58% payroll tax on employee wages, which went into effect on January 1, 2022.

Though the LTSS Trust Program was intended to provide a baseline of benefits to Washingtonians lacking private long-term care insurance, the program drew public criticism in recent months because, among other things, employees had no easy way to opt out of it. The legislation provided that individuals could opt out by purchasing private long-term care insurance before November 1, 2021, and applying for an exemption by the end of 2021. However, shortly after the program went into law, most (if not all) private long-term care insurance providers pulled out of the state.

When the Legislature convened earlier this month, it fast-tracked new legislation to put the LTSS Trust Program on hold. Though many lawmakers were calling for an outright repeal of the program, the majority ultimately passed a bill to delay its implementation until July 2023. Washington Governor Jay Inslee is expected to sign the measure by Friday, January 28.

Since this delay comes after employers have already started withholding the tax from their employees’ wages and, in some cases, after the tax has been remitted to the Employment Security Department (ESD), refunds will be necessary. Under the new law, employers are required to provide refunds to their employees within 120 days of the collection. If the employer already remitted the tax to the ESD, the ESD is required to refund that money to the employer who is then required to pass it on to the employee.

© 2022 McDermott Will & EmeryNational Law Review, Volume XII, Number 27
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About this Author

Troy Van Dongen Tax Lawyer McDermott
Partner

Troy Van Dongen focuses his practice on the resolution of state and local tax (SALT) controversies through negotiation and litigation. He advises clients across the country in a variety of state and local tax matters, including income, franchise, sales, and use taxes, and he has a particularly strong background in property taxation.

 

Troy’s experience includes a wide range of industries, including: manufacturing and software; banking and finance; biotechnology; hospital management; non-profit organizations; commercial office leasing; solar and geothermal power production;...

628 218 3843
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