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Kansas Capital Gains Tax: 5.2% and 5.58%, No Special Rate

KEY INSIGHT
Kansas has no separate capital gains rate: a gain is part of federal adjusted gross income and is taxed at the ordinary rates of 5.2% on the first $23,000 of taxable income ($46,000 joint) and 5.58% above that, with no rate reduction for tax year 2026 (Kansas statute and Department of Revenue Notice 25-06, read November 2026). A second notice, dated 15 October 2026, says there will be none for 2027 either.
At a glance

Key Facts

Rate on a gain (2026)
5.2% then 5.58%
Where 5.58% starts
$23,000 single; $46,000 joint
Special capital gains rate
None found
Rate cut for 2026 or 2027
None (Notices 25-06, 26-11)
Introduction

Kansas does not tax capital gains separately. A gain from stocks, a business or real estate is part of your federal adjusted gross income, and Kansas taxes it with the rest of your income using a two-rate schedule. A gain is often taxed at 5.58%, because it can push income above the $23,000 single or $46,000 joint line. Three points are worth knowing: the rate schedule is written into statute and has no 2026 cut, nonresidents are taxed only on the Kansas share of income (and stock gains are generally not Kansas-source for them), and a 2026 bill to exempt gains on gold and silver coin was vetoed.

Section 01

The Rate Schedule That Applies to a Gain

Kansas statute K.S.A. 79-32,110 sets the schedule for resident individuals for tax year 2024 and all tax years thereafter. Because a capital gain is simply part of Kansas taxable income, these are the rates it meets.

Filing status5.2% on taxable incomeAbove that
Single, head of household, married filing separatelyUp to $23,000$1,196 plus 5.58% of the excess over $23,000
Married filing jointlyUp to $46,000$2,392 plus 5.58% of the excess over $46,000

The statute applies the schedule unless it is modified under K.S.A. 79-32,110c, the contingent rate-reduction law (next section). The statute taxes estates and trusts at the single schedule.

Section 02

No Rate Cut for 2026 or 2027

Senate Bill 269 of 2025, codified as K.S.A. 79-32,110c, allows future cuts. Every August 15 the Director of the Budget checks whether general fund collections exceed inflation-adjusted base-year revenues and the rainy-day fund is at least 15% of the prior year's state tax receipts. If both tests are met, any cut applies first to individual income tax rates, reducing all rates in proportion until the lowest rate is 4%.

The Department of Revenue's Notice 25-06 (2 October 2025) says collections fell short and that there will be no rate reduction for tax year 2026. Notice 26-11 (15 October 2026) says the same for tax year 2027. So the 5.2% and 5.58% rates stand for 2026 and 2027. We found no 2026 law that changes the individual schedule. A future August determination could change this.

Section 03

How a Gain Gets Into Your Kansas Return

The statute defines Kansas adjusted gross income as federal adjusted gross income with the modifications in the section, and line 1 of Form K-40 is federal adjusted gross income as reported on your federal return. A gain reported federally is therefore in your starting figure. Schedule S Part A is for income that is taxable federally but not by Kansas, or the reverse.

We found no general Kansas exclusion or lower rate for long-term gains. The modifications we read that touch gains are narrow: a subtraction for gain or loss where your Kansas basis in property is higher than your federal basis (limited to the difference, and for long-term gain limited to the part included in federal adjusted gross income), and a subtraction for gain from the sale of Kansas turnpike bonds that was included in federal adjusted gross income. The statute lists other asset-specific items that we did not rely on, so check the current Schedule S instructions for your asset.

Section 04

Short-Term and Long-Term Gains

The federal system distinguishes them. IRS Topic 409 says a gain or loss is generally long-term if you hold the asset more than one year, and that if you have a net capital gain a lower tax rate may apply than the rate on ordinary income. Kansas does not copy that preferential treatment in any rule we found: the Kansas schedule has two rates by income level and nothing that depends on how long you held the asset.

Section 05

Capital Losses

We found no Kansas-specific capital loss rule in the sources we read. Because Kansas starts from federal adjusted gross income, the federal result flows into the Kansas return. IRS Topic 409 says that if capital losses exceed gains, the loss you can claim to lower your income is the lesser of $3,000 ($1,500 if married filing separately) or your total net loss, and that an excess net capital loss can be carried forward to later years. It also says losses from the sale of personal-use property, such as your home or car, are not tax deductible. The Kansas booklet does not restate these limits, so confirm with the Department if a large loss is involved.

Section 06

Selling Your Home

We found no separate Kansas 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 Kansas starts from federal adjusted gross income, a gain excluded federally is not in your starting figure, though the Department does not say this in so many words. Any gain above the exclusion is taxed at the schedule above.

Section 07

What a Gain Costs: Our Worked Examples

This table is our arithmetic, not an official calculation. It applies the statutory schedule above to the extra tax a gain adds when it sits on top of your other Kansas taxable income, ignoring credits, exemptions and adjustments, rounded to the nearest dollar. A gain that crosses the bracket line is partly taxed at 5.2%, so its average rate is below 5.58%.

Filing statusOther Kansas taxable incomeCapital gainAdded Kansas taxAverage rate on the gain
Single$40,000$10,000$5585.58%
Single$10,000$30,000$1,6255.42%
Married filing jointly$100,000$50,000$2,7905.58%
Married filing jointly$20,000$40,000$2,1335.33%
Section 08

Residents, Part-Year Residents and Nonresidents

A Kansas resident who pays tax to another state on income included in Kansas adjusted gross income may claim a credit for it, under the booklet's rules for taxes paid to other states.

For nonresidents, the statute says the tax is the amount computed as if the nonresident were a resident, multiplied by the ratio of modified Kansas source income to Kansas adjusted gross income. The booklet says a nonresident who received income from Kansas sources must file a Kansas return regardless of the amount, and completes Part B of Schedule S, where the allocation percentage cannot exceed 100%.

What counts as Kansas source matters for gains. The booklet says Kansas source income includes income from real or tangible personal property located in Kansas, so a gain on Kansas real estate is Kansas-source. It also says a nonresident's Kansas source income does not include gains from the sale or exchange of intangible property, such as bank accounts, stocks or bonds, unless earned by a business, trade, profession or occupation carried on in Kansas. A part-year resident filing as a nonresident includes items of income, gain or loss received while a Kansas resident, whether or not from Kansas sources.

Section 09

A 2026 Proposal That Was Vetoed

House Bill 2515 of 2026 would have provided an income tax subtraction for gains from the sale of specie (gold and silver coin). Governor Kelly vetoed it by a message dated 27 April 2026. The statute text we read contains no such subtraction, so treat a gain on precious metals as taxable at the normal rates unless the Department says otherwise.

Section 10

Official Sources

We read these sources in November 2026. The booklet is for tax year 2025; a 2026 booklet was not available when we checked.

FAQ

Frequently Asked Questions

Does Kansas tax capital gains?

Yes, as ordinary income. A gain is part of federal adjusted gross income, which is where the Kansas return starts, and it is taxed at 5.2% up to $23,000 of taxable income ($46,000 joint) and 5.58% above that.

What is the Kansas capital gains tax rate for 2026?

There is no separate rate. The statute's schedule of 5.2% and 5.58% applies, and Department of Revenue Notice 25-06 says there will be no rate reduction for tax year 2026.

Will the rate fall in 2027?

Notice 26-11, dated 15 October 2026, says there will be no rate reduction for tax year 2027. Future cuts depend on an annual August 15 revenue determination under K.S.A. 79-32,110c.

Does Kansas 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 Kansas schedule has two rates by income level and nothing based on holding period.

I live outside Kansas. Do I owe Kansas tax on stock gains?

The booklet says a nonresident's Kansas source income does not include gains from the sale of intangible property such as stocks or bonds unless earned by a business carried on in Kansas. Gains on real property located in Kansas are Kansas-source.

Does Kansas follow the federal home sale exclusion?

Kansas starts from federal adjusted gross income and we found no separate Kansas rule, so a 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 explicitly, so confirm if the amount is large.

Can I deduct a capital loss on my Kansas return?

We found no Kansas-specific rule. The federal result flows through federal adjusted gross income, and IRS Topic 409 limits the net loss you can claim against other income to $3,000 ($1,500 if married filing separately), with the excess carried forward.

Is there a Kansas exemption for gold or silver gains?

Not in the statute text we read. House Bill 2515 of 2026 would have created one for gains on specie, but the Governor vetoed it in a message dated 27 April 2026.
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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