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TAX GUIDE

California Capital Gains Tax 2026: Rates and How It Works

KEY INSIGHT
California taxes capital gains as ordinary income, with no lower rate for long-term gains. The 2025 rates run from 1% to 12.3%, and a 1% Behavioral Health Services Tax applies to taxable income above $1,000,000 (California Franchise Tax Board).
At a glance

Key Facts

Treatment
Ordinary income, no lower rate
Rate range (2025)
1% to 12.3%
Surtax
1% over $1,000,000
Report on
Schedule D (540) if state differs
Introduction

California does not give long-term capital gains a break. A gain is added to your income and taxed at the same rates as wages.

This guide explains the rule, shows the 2025 rate schedules for single and joint filers, covers the 1% Behavioral Health Services Tax on income over $1 million, and works through two examples. It follows the Franchise Tax Board's capital gains page, rate schedules and Form 540 booklet.

Section 01

How California Taxes Capital Gains

The Franchise Tax Board (FTB) states that California does not have a lower rate for capital gains: all capital gains are taxed as ordinary income. That means a long-term gain on stock, a business or real estate is added to your other taxable income and taxed through the same rate schedule as wages. This is the biggest difference from the federal system, which taxes most long-term gains at 0%, 15% or 20%.

You report gains and losses on your federal return and, if the state treatment differs, on California Capital Gain or Loss Schedule D (540). For the federal rules, see our real estate capital gains guide and capital gains brackets guide.

Section 02

California Tax Rate Schedules (2025 Returns)

These are the 2025 California tax rate schedules, the latest full schedules we could verify against the FTB's published schedule. The FTB adjusts the brackets for inflation each year, so the 2026 amounts will be different. The FTB says to use the schedules only if your taxable income on Form 540, line 19 is more than $100,000; if it is $100,000 or less, use the Tax Table.

Schedule X: single or married/RDP filing separately

Taxable income overBut not overRate on the amount overTax at the bottom of the bracket
$0$11,0791%$0.00
$11,079$26,2642%$110.79
$26,264$41,4524%$414.49
$41,452$57,5426%$1,022.01
$57,542$72,7248%$1,987.41
$72,724$371,4799.3%$3,201.97
$371,479$445,77110.3%$30,986.19
$445,771$742,95311.3%$38,638.27
$742,953and over12.3%$72,219.84

Schedule Y: married/RDP filing jointly or qualifying surviving spouse

Taxable income overBut not overRate on the amount overTax at the bottom of the bracket
$0$22,1581%$0.00
$22,158$52,5282%$221.58
$52,528$82,9044%$828.98
$82,904$115,0846%$2,044.02
$115,084$145,4488%$3,974.82
$145,448$742,9589.3%$6,403.94
$742,958$891,54210.3%$61,972.37
$891,542$1,485,90611.3%$77,276.52
$1,485,906and over12.3%$144,439.65

Head of household filers use Schedule Z, which has different bracket points. Because gains are taxed as ordinary income, a large sale can push you into the 9.3%, 10.3%, 11.3% or 12.3% brackets.

Section 03

The 1% Behavioral Health Services Tax

If your California taxable income is more than $1,000,000, you also owe a 1% tax on the amount above $1,000,000, figured on line 62 of Form 540. This tax was formerly called the Mental Health Services Tax; the 2025 Form 540 booklet says references have been renamed to Behavioral Health Services Tax. It is added on top of the regular rate schedule, so a very large gain is taxed at a top marginal rate of 12.3% plus 1% (13.3%) on the part above $1,000,000.

Section 04

Worked Examples

Example 1: a gain in the 9.3% bracket. A single filer has $150,000 of California taxable income and then sells stock for a $100,000 long-term gain, taking taxable income to $250,000.

StepAmount
California tax on $150,000 (Schedule X)$10,388.64
California tax on $250,000 (Schedule X)$19,688.64
Extra California tax caused by the gain$9,300.00

Both amounts fall in the 9.3% bracket (above $72,724 and up to $371,479), so the gain is taxed at 9.3%: $100,000 x 9.3% = $9,300.00. There is no lower California rate for the long-term gain.

Example 2: the 1% surtax. A filer with $1,400,000 of taxable income owes 1% of the $400,000 above $1,000,000, which is $4,000.00, in addition to the tax from the rate schedule.

Section 05

Federal and State Together

Federal and California taxes on a gain are separate. Federal long-term rates are lower, but California applies its ordinary rates to the gain. For a state-by-state comparison see our state capital gains tax guide. Residency rules decide which income California can tax; our California residency guide covers them.

Section 06

Official Sources

California Franchise Tax Board: Capital gains and losses, FTB 2025 California Tax Rate Schedules, FTB 2025 Form 540 booklet.

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FAQ

Frequently Asked Questions

What is the California capital gains tax rate?

There is no separate rate. The FTB says California does not have a lower rate for capital gains and taxes all capital gains as ordinary income, at rates from 1% to 12.3% on the 2025 schedules.

What is the highest California tax rate on capital gains?

12.3% under the 2025 schedules, plus the 1% Behavioral Health Services Tax on taxable income above $1,000,000, for a top marginal rate of 13.3% on that part.

Does California have a different rate for long-term capital gains?

No. Long-term and short-term gains are both taxed as ordinary income in California.

How do I report capital gains in California?

Report them on your federal return and use California Capital Gain or Loss Schedule D (540) if the state treatment differs from the federal treatment.

What is the Behavioral Health Services Tax?

A 1% tax on California taxable income above $1,000,000, figured on line 62 of Form 540. It was formerly called the Mental Health Services Tax.

Are California brackets the same for single and joint filers?

No. Schedule X (single) and Schedule Y (joint) use different bracket points; the joint brackets are roughly double. Schedule Z is for head of household.

When do I use the tax rate schedules instead of the tax table?

The FTB says to use the schedules if your taxable income on Form 540, line 19 is more than $100,000, and the Tax Table if it is $100,000 or less.

What are the rates for 2026?

The 2025 schedules shown on this page are the latest full schedules we verified. The FTB adjusts the brackets for inflation each year, so the 2026 amounts will differ. Check the FTB site for the 2026 schedules before you file in 2027.

How does California tax a gain on real estate?

A gain from selling real estate is a capital gain, and California taxes capital gains as ordinary income. The federal rules, including the home sale exclusion, are in our real estate capital gains guide; check the FTB for how California treats the exclusion.
Disclaimer:This guide gives general tax information for educational purposes and is not tax, legal or financial advice. Rules, forms and deadlines are set by the authorities named here and can change; check the official sources linked in this guide and talk to a qualified tax professional about your own situation.
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