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Georgia Capital Gains Tax: 4.99% Flat Rate, No Break

KEY INSIGHT
Georgia has no separate capital gains rate: the gain is part of federal adjusted gross income and is taxed at the flat 4.99% income tax rate for 2026 (Georgia Department of Revenue, read November 2026). The Department's 2025 booklet confirms Georgia starts with federal adjusted gross income, and the 2025 rate was 5.19%.
At a glance

Key Facts

2026 income tax rate
4.99% flat
2025 income tax rate
5.19% flat
Special capital gains rate
None found
2026 standard deduction
$15,000 single; $30,000 joint
Introduction

Georgia does not tax capital gains at a special rate. A gain from stocks, a business or real estate is part of your federal adjusted gross income, and Georgia taxes the whole of that income at one flat rate. That makes the Georgia side simple, but there are three points worth knowing: the rate fell for 2026, nonresidents are taxed only on the Georgia share, and Georgia lets you subtract some federal items but has no capital gains subtraction that we found.

This guide uses the Georgia Department of Revenue's Important Tax Updates page, its 2025 IT-511 individual income tax booklet, House Bill 463 and two IRS pages, all read on 3 November 2026. We also read the text of Georgia House Bill 463 (2026) as passed, which amends O.C.G.A. 48-7-20 and 48-7-27 and set the 2026 rate; we did not read the current codified statute, so every other rule below is stated as the Department states it.

Section 01

The Rate: 4.99% for 2026

The Department's Important Tax Updates page, under 2026 Income Tax Changes, says the Georgia income tax rate has been reduced to a flat rate of 4.99%. The same page says the standard deduction has increased to $15,000 for single taxpayers, heads of households and married taxpayers filing separately, or $30,000 for married taxpayers filing jointly.

For the previous year, the Department's 2025 IT-511 booklet says that effective January 1, 2025, the income tax rate is 5.19%, and the Form 500 instructions tell filers to multiply taxable income by 5.19% and round to the nearest dollar. The Act that set the 2026 rate (House Bill 463, as passed, applying to taxable years beginning on or after January 1, 2026) also provides for further rate cuts of 0.125 percentage point a year from 2027 until the rate reaches 3.99%, but each cut is delayed by a year if the revenue tests in the Act are not met as of December 1. No 2027 rate is therefore fixed in advance; check the Department before planning a later sale. The same Act raises the standard deduction by $750 (joint) or $375 (other filers) a year from 2027, up to $36,000 or $18,000, subject to the same delays.

Section 02

How a Gain Gets Into Your Georgia Return

The booklet's instruction for Form 500 Line 8 says to enter federal adjusted gross income from Form 1040 and not federal taxable income. A capital gain that is reported on your federal return is therefore already in your starting figure, and Georgia then taxes it with the rest of your income. We read nothing in the Georgia pages that treats short-term and long-term gains differently.

Line 9 lets you adjust that figure for income taxable federally but not by Georgia, or the reverse, on Schedule 1. The booklet gives one example of a federal deduction Georgia does not follow: Georgia does not allow the 20% qualified business income deduction, and because Georgia starts with federal adjusted gross income no adjustment is needed on the Georgia return. We found no Schedule 1 subtraction aimed at capital gains in the additions and subtractions lists of the booklet, so a gain is taxed unless a general subtraction applies to you. The main one is the retirement income exclusion, which the booklet caps at $35,000 for people aged 62 to 64 (or permanently disabled under 62) and $65,000 for those 65 or older; its worked example lists capital gains among the unearned income lines (Line 9) that count toward the exclusion, so check the booklet's eligibility rules and worksheet. House Bill 463 raises the $65,000 cap to $70,000 for taxable years beginning on or after January 1, 2027.

Section 03

Georgia Does Not Copy the Federal Preferential Rate

The federal system can tax a net capital gain at a lower rate than ordinary income. IRS Topic 409 says that if you have a net capital gain, a lower tax rate may apply than the rate that applies to your ordinary income, that you generally have a long-term gain if you hold the asset more than one year, and that net short-term capital gains are taxed as ordinary income at graduated rates. Georgia's return, as the Department's booklet describes it, applies one flat rate to taxable income. We found no holding-period or lower-rate rule in the Georgia pages.

Section 04

What a Gain Costs at the Flat Rate

This table is our arithmetic (gain times the flat rate), not an official calculation. It shows the Georgia tax a gain adds when it sits on top of your other taxable income, ignoring credits, exemptions and adjustments, rounded to the nearest dollar.

Capital gain included in federal AGIAdded Georgia tax at 4.99% (2026)Added Georgia tax at 5.19% (2025)
$10,000$499$519
$50,000$2,495$2,595
$100,000$4,990$5,190
$500,000$24,950$25,950

Worked example (ours): a single filer has $60,000 of wages and a $50,000 long-term gain in the tax year, takes the Georgia $15,000 standard deduction and has no adjustments, credits or dependents. Federal adjusted gross income is $110,000 and Georgia taxable income is $95,000, so tax at 4.99% is $4,741. Without the gain, taxable income would be $45,000 and tax $2,246. The gain adds $2,495. Real returns can differ because of credits, exemptions, itemized deductions and other items on Form 500.

Section 05

Residents, Part-Year Residents and Nonresidents

The booklet says full-year residents are taxed on all income, except tax-exempt income, regardless of the source or where derived.

Nonresidents who work in Georgia or receive income from Georgia sources and are required to file a federal return must file a Georgia return. Part-year residents and nonresidents skip Lines 9 to 14 and use Schedule 3. In Schedule 3, Column A lists your income as if you were a Georgia resident and Column C lists your Georgia taxable income. Line 9 divides Line 8 Column C by Line 8 Column A to give the ratio of Georgia income to total income, and the ratio cannot exceed 100%.

The booklet also says withholding is required on the sale or transfer of real property and associated tangible personal property by nonresidents of Georgia, reported on Form G2-RP and entered on Form 500, Line 25. In the passages we read it does not say how a nonresident should treat a gain on intangible assets such as stock, so we do not state a rule for that; ask the Department or a preparer.

Section 06

Selling Your Home

The booklet's Georgia rules start from federal adjusted gross income, and we found no separate Georgia home sale rule. IRS Topic 701 says you may qualify to exclude up to $250,000 of the gain on the sale of your main home from your income, or up to $500,000 if you file a joint return with your spouse. Because that excluded gain is not part of your income on the federal return, we read the effect as leaving only the gain above the exclusion for Georgia to tax at the flat rate; the Department's pages we read do not say this in so many words. For the federal test, see our home sale capital gains guide.

Section 07

Official Sources

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FAQ

Frequently Asked Questions

Does Georgia tax capital gains?

Yes, as ordinary income. Georgia starts from federal adjusted gross income, which includes the gain, and taxes it at the flat income tax rate, which the Department of Revenue gives as 4.99% for 2026.

What is Georgia's income tax rate for 2026?

The Department of Revenue says the Georgia income tax rate has been reduced to a flat rate of 4.99%. The 2025 rate in its booklet is 5.19%. House Bill 463 provides for further cuts of 0.125 percentage point a year from 2027 down to 3.99%, each delayed if revenue tests are not met, so no 2027 rate is fixed.

Does Georgia have a lower rate for long-term gains?

We found none. The federal system may tax a net capital gain at a lower rate (IRS Topic 409), but the Georgia return in the Department's booklet applies one flat rate to taxable income.

Does Georgia follow the federal home sale exclusion?

Georgia starts from federal adjusted gross income and we found no separate Georgia rule, so gain excluded federally (up to $250,000, or $500,000 on a joint return, per IRS Topic 701) is not in your starting figure. The Department does not say this in so many words, so confirm with it if the amount is large.

I live outside Georgia. Do I owe Georgia tax on a gain?

Nonresidents with Georgia-source income who must file federally must file a Georgia return and use Schedule 3, which prorates income by a Georgia-to-total ratio. Nonresident sales of real property are subject to withholding reported on Form G2-RP. For other assets, ask the Department.

Can I subtract capital gains on Schedule 1?

We found no capital gains subtraction in the additions and subtractions lists of the 2025 booklet. The retirement income exclusion ($35,000 at ages 62 to 64, $65,000 at 65 and over for 2025 and 2026) is a general subtraction, and the booklet's worksheet counts capital gains among the unearned income it covers; check the booklet's eligibility rules.

What is the 2026 standard deduction in Georgia?

The Department says $15,000 for single, head of household and married filing separately, and $30,000 for married filing jointly.

Does Georgia follow the federal 20% business income deduction?

No. The booklet says Georgia does not allow the 20% qualified business income deduction, but since Georgia starts with federal adjusted gross income no adjustment is needed on the Georgia return.
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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