Tesla could face emissions credit tax in Washington

Tesla could face a new tax on the emissions credits it sells to other automakers, as introduced this month by legislators in the state of Washington.

As detailed in an op-ed from the Wall Street Journal on Monday, Democrats in Olympia have filed two companion bills proposing a 10 percent tax on the electric vehicle (EV) emissions credits Tesla sells, valued at roughly $1.79 billion globally last year. The emission credits market was created out of regulations requiring automakers to start phasing out gas vehicles, allowing Tesla, which only makes EVs, to sell the credits to gas automakers which aren’t able to meet the upcoming phase-out goals.

“The creation of these tradeable and bankable credits creates the opportunity for a financial windfall accruing to firms that are not burdened by the legacy production of internal combustion engine vehicle,” legislators wrote in the proposal. “It is the intent of the legislature to address this unintended outcome by taxing the windfall profits.”

Olympia Republicans went on to file a counter to the bill, which would effectively prohibit such a tax as well as “any other tax that applies to only one individual, business, or entity.”

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Washington joined California in 2020 in setting regulations to phase out gas vehicles by 2035, requiring a maximum of 20 percent plugin hybrid vehicles sold in the year along with making 80 percent of the year’s sales fully electric. The initial phase-out regulations kick off in 2026, requiring automakers to make 35 percent of their new vehicles fully electric or plugin hybrids, before that level increases to 51 percent in 2028, and 68 percent in 2030.

Tesla’s vehicle sales in Washington made up just 10 percent of those sold in the state last year, while the company has about 54 percent of all emissions credits in the state, according to the Washington Policy Center.

The Wall Street Journal editorial calls the new proposals “abusive lawmaking,” saying that targeting a single company would be strongly opposed by progressives if it were suggested by the Trump administration. Additionally, the op-ed highlights that Tesla and CEO Elon Musk set the price for the emissions credits, meaning that they could simply charge automakers more for them to make up for money lost on the tax.

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