If you sell stock, a business or a property while living in Florida, there is no Florida tax on the gain itself. The state does not tax personal income, and capital gains are income.
That does not make a sale tax-free. This guide explains the Florida position from the Department of Revenue and the Florida Constitution, what federal rules still apply, and the one Florida tax that can touch a sale of real property: documentary stamp tax on the deed. Sources were read on 2 November 2026.
The Florida Department of Revenue answers the question directly: "Florida does not have an income tax for individuals, and therefore, no capital gains tax for individuals." Its FAQ adds that the state corporate income tax follows the federal treatment of corporate capital gains, so a corporation (not an individual) can owe Florida tax on its gains. Because Florida taxes no personal income, a gain from selling shares, a business interest or a rental property is not taxed by the state as income.
The Florida Constitution (Article VII, section 5) also limits the state. It says no tax on the income of natural persons who are residents or citizens of the state may be levied "in excess of the aggregate of amounts which may be allowed to be credited upon or deducted from any similar tax levied by the United States or any state." We have not read a source explaining how that clause is applied in practice, so we rely on the Department of Revenue statement for the practical answer.
A Florida resident still reports capital gains on the federal return. Per IRS Topic 409, a gain or loss is long-term if you hold the asset for more than one year before you dispose of it, and short-term if you hold it one year or less. Net short-term capital gains are subject to taxation as ordinary income at graduated tax rates.
For long-term gains, the IRS states that for taxable years beginning in 2025 the tax rate on most net capital gain is no higher than 15 percent for most individuals. The IRS lists exceptions at higher rates, for example collectibles such as coins or art, taxed at a maximum 28 percent. Gains are reported on Schedule D (Form 1040). This page does not reproduce the federal rate thresholds; use the IRS source for your tax year.
Florida documentary stamp tax is an excise tax on certain documents, and the Department of Revenue says it applies to deeds and other documents that transfer an interest in Florida real property. It is not a tax on your gain: it is computed on the consideration for the transfer, so the gain does not enter the calculation. All parties to the document are liable for the tax, and it is paid to the county clerk of court or recording official when the document is recorded.
| Location | Rate on deed consideration |
|---|---|
| Counties other than Miami-Dade (the Department's general rate) | 70 cents on each $100 or portion thereof |
| Miami-Dade County | 60 cents on each $100, plus a 45 cents per $100 surtax (not due on a document that transfers only a single-family dwelling) |
Consideration includes money paid or agreed to be paid and the mortgage or lien on the property, whether assumed or not. The Department lists some documents not generally subject to tax, such as a deed between spouses of homestead property where the only consideration is the mortgage. Check the Department page for the full list. Our sources do not say which party customarily pays.
These figures are our arithmetic using the Department rates, not an official calculation. They ignore exemptions and any rounding up of a partial $100.
| Consideration | Most counties (70 cents per $100) | Miami-Dade, single-family (60 cents per $100) | Miami-Dade, other property (60 + 45 cents per $100) |
|---|---|---|---|
| $400,000 | $2,800 | $2,400 | $4,200 |
| $750,000 | $5,250 | $4,500 | $7,875 |
The Florida tax on the capital gain itself is $0 in each case. The federal tax on the gain is separate and depends on your basis, holding period and taxable income.
If you move away from Florida, the state you move to may tax gains you realise after you become its resident. We did not read any source on part-year or non-resident treatment, so check the destination state revenue department. For a state-by-state overview, see our capital gains by state guide.
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