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Illinois Capital Gains Tax: Flat 4.95% Rate Explained

KEY INSIGHT
Illinois has no separate capital gains tax: a gain is part of your federal adjusted gross income and is taxed at the flat 4.95 percent individual income tax rate (Illinois Department of Revenue 2025 IL-1040 instructions, read November 2026). There is no lower rate for long-term gains, but nonresidents are taxed only on gains from Illinois real property, Illinois tangible property, an Illinois business, or a partnership or S corporation interest to the extent sourced to Illinois.
At a glance

Key Facts

Individual income tax rate
4.95%
Special long-term gains rate
None found
Starting point
Federal AGI
Nonresident gains taxed
Illinois property, business or sourced pass-through interests only
Introduction

Illinois does not have a lower rate for long-term capital gains and does not tax gains in a separate system. A resident starts the Illinois return from the federal adjusted gross income (AGI), so every gain in that figure is taxed at the same flat rate as wages.

This guide explains how that works, what changes for nonresidents and part-year residents, the one place where a large gain can cost more than 4.95 percent (the personal exemption cut-off), and how the pass-through replacement tax fits in, using the Illinois Department of Revenue's 2025 return instructions and tax-rate page read on 2 November 2026.

Section 01

How Illinois Taxes Capital Gains

The Department of Revenue states the rate in its return instructions: "The Illinois income tax rate is 4.95 percent (.0495)." Its tax-rate page gives the same figure for individuals, effective July 1, 2017. The pages we read give no separate capital gains rate and no holding-period rule, so short-term and long-term gains are taxed alike at the Illinois level (the federal return still distinguishes them).

For a resident the Illinois return begins with the federal return: line 1 tells you to enter the adjusted gross income from your federal return. The department's worksheet for splitting a joint federal return lists "Capital gain or loss (federal Form 1040 or 1040-SR, Line 7a)" among the income items carried over. A gain that is in your federal AGI is therefore in the Illinois income figure before Illinois additions and subtractions.

One subtraction touches gains: the line 5 instructions include certain capital gains on employer securities reported on federal Form 1040, line 7a, in the retirement income subtraction. The department refers to its Publication 120 for the detail, so read it before relying on that subtraction.

Section 02

Residents, Nonresidents and Part-Year Residents

The Schedule NR instructions set out what is taxed for a nonresident, and for a part-year resident for the time spent outside Illinois:

Capital losses may be included only to the extent they were included in your federal adjusted gross income.

If you pay tax to another state on the same income, the instructions refer to Schedule CR, Credit for Tax Paid to Other States, and to the Schedule CR instructions for the rules.

Section 03

The Exemption Cut-Off: When a Gain Costs More Than 4.95%

The rate is flat, but the personal exemption is not. For tax year 2025 the exemption amount is $2,850. The instructions also say that if your federal filing status is single, head of household, married filing separately or widowed and your federal AGI is greater than $250,000, you are not entitled to an exemption allowance (the limit is $500,000 for married filing jointly). Next-year note: the Department of Revenue's Informational Bulletin FY 2026-15 (December 2025) says the exemption amount for tax year 2026 will increase to $2,925; the $250,000 and $500,000 AGI limits in that bulletin are unchanged. The table below stays on the 2025 figures. A gain that lifts AGI above the limit therefore removes the exemption for the whole return.

Our illustration (single filer, resident)AGI before gainGainAGI with gainExemptionIllinois tax beforeIllinois tax afterAdded by the gainAs % of gain
Moderate income, $20,000 gain$60,000$20,000$80,000$2,850$2,828.93$3,818.93$990.004.95%
Mid income, $50,000 gain$120,000$50,000$170,000$2,850$5,798.93$8,273.93$2,475.004.95%
Gain pushes AGI over $250,000$200,000$100,000$300,000$0$9,758.93$14,850.00$5,091.075.09%

These are our own calculations, not official figures. They use the 2025 rate of 4.95 percent and the 2025 exemption of $2,850 for one person, assume AGI equals Illinois income with no other additions, subtractions or credits, and ignore any exemption for dependents. In the last row the $100,000 gain is taxed at 4.95 percent ($4,950) and the lost exemption adds $141.07 ($2,850 x 4.95%), so the extra Illinois tax is 5.09 percent of the gain. The amounts are the 2025 ones we read; check the current year's instructions for later years.

Section 04

Pass-Through Entities and the Replacement Tax

The Department of Revenue's tax-rate page lists a separate personal property replacement tax: 2.5 percent of net income for corporations other than S corporations, and 1.5 percent of net income for partnerships, trusts and S corporations. It is a tax on entity net income, and the page we read does not say how it applies to a particular capital gain or to an owner's own return. If a gain arises inside a partnership, S corporation or trust, check the entity's Illinois return instructions or ask a tax professional.

Section 05

What This Page Does Not Cover

An Illinois resident who sells an asset reports the gain on the federal return as well, and federal tax is separate from the Illinois tax described here. We do not give federal capital gains rates on this page; use the IRS pages for those. This guide covers the Illinois state income tax only.

Section 06

Official Sources

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FAQ

Frequently Asked Questions

Does Illinois tax capital gains?

Yes. Illinois taxes capital gains as part of income at the flat 4.95 percent individual income tax rate, because the Illinois return starts from federal adjusted gross income. Nonresidents are taxed only on certain Illinois-source gains.

Is there a lower Illinois rate for long-term capital gains?

The Department of Revenue pages we read give one individual income tax rate, 4.95 percent, and no special rate or holding-period rule for gains.

Do I owe Illinois tax on stock I sold if I live in another state?

The Schedule NR instructions say nonbusiness capital gains from the sale of intangibles (other than an interest in a partnership or S corporation) are not taxed by Illinois. Gains on Illinois real property, Illinois tangible property or an Illinois business can be taxed. Selling an interest in a partnership or S corporation can be taxed to the extent it is sourced to Illinois.

What if I sell real estate located in Illinois but live elsewhere?

Gains from the sale of real property located in Illinois at the time of the sale are included on Schedule NR, line 11, so Illinois can tax them even if you are a nonresident.

What about gains on an interest in a partnership or S corporation?

They may be included to the extent sourced to Illinois, based on the pass-through entity's average apportionment factors in the year of the sale and the two prior years.

Can a big capital gain make me lose the Illinois exemption?

Yes. The 2025 instructions deny the exemption allowance if federal AGI is above $250,000 for single, head of household, married filing separately and widowed filers, or above $500,000 for married filing jointly. The Department of Revenue's December 2025 bulletin keeps the same limits for 2026 and sets the 2026 exemption amount at $2,925.

Can I deduct capital losses on my Illinois return?

The Schedule NR instructions say capital losses may be included only to the extent they were included in your federal adjusted gross income.

Is the replacement tax a capital gains tax?

No. It is a separate tax on net income, listed at 2.5 percent for corporations other than S corporations and 1.5 percent for partnerships, trusts and S corporations.
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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