The Tax Brief real effective rates for 111+ countries — bi-weekly, free.
TAX GUIDE

New Mexico Capital Gains Tax: $2,500 or 40% Deduction

KEY INSIGHT
New Mexico taxes capital gains as ordinary income, less the greater of net capital gain up to $2,500 or 40% of up to $1,000,000 of business-sale gain (state tax department 2025 instructions, read November 2026). The top rate in the state's 2025 table is 5.9%; we found no 2026 change to this deduction.
At a glance

Key Facts

Treatment
Ordinary income, graduated rates
Deduction (2025 forms)
Greater of net gain up to $2,500 or 40% of up to $1M of business-sale gain
Top rate, 2025 table
5.9% (over $210,000 single)
Short-term gains
Not part of the deduction
Introduction

New Mexico has no separate capital gains tax. A gain is part of your federal adjusted gross income, so it is taxed at the same graduated income tax rates as wages, and the state then lets you deduct part of it. That deduction is small for most sales and large only for one kind of sale: the Department's instructions give the greater of your net capital gains up to $2,500, or 40% of up to $1,000,000 of gain from selling a business that is allocated to New Mexico.

This guide uses the New Mexico Taxation and Revenue Department's 2025 tax-year instructions for forms PIT-1, PIT-ADJ and PIT-B, its 2025 Tax Rate Table, the Governor's March 2026 release on the tax package, and two IRS pages, all read on 3 November 2026. The 2025 instructions are the latest we could read; the 2026 forms were not available to us. We could not open the statute text (the legislature's website refused our request), so every rule below is stated as the Department states it.

Section 01

The Deduction: $2,500 or 40% of a Business Sale

The 2025 PIT-ADJ instructions, line 16, say you may deduct all or part of your net capital gains reported and claimed on your federal tax return, and that you may deduct the greater of two amounts. The first is 100% of your net capital gains, not to exceed $2,500. The second is 40% of up to $1,000,000 of your net capital gain income from the sale of a business that is allocated or apportioned to New Mexico under Section 7-2-11 NMSA 1978 for the year of the deduction. The PIT-1 instructions summarise it as a deduction of up to $2,500 or 40% of up to $1,000,000 of net capital gain income from the sale of a New Mexico business.

Because 40% of $1,000,000 is $400,000, the largest deduction on the second branch is $400,000 (our arithmetic). The two amounts are alternatives, not added together.

Type of gainDeduction in the 2025 instructions
Long-term gain on stock, a fund or other property that is not a business saleNet capital gain, up to $2,500
Gain from selling a business allocated or apportioned to New MexicoGreater of net capital gain up to $2,500 or 40% of up to $1,000,000 of the gain (at most $400,000)
Short-term gainNot included: the Department says net capital gains do not include short-term capital gains

The Department defines net capital gains by Section 1222(11) of the Internal Revenue Code as the excess of net long-term capital gains over short-term capital losses for the tax year. Federally, the IRS says that if you hold an asset more than one year before disposing of it the gain is long-term, and net short-term capital gains are taxed as ordinary income at graduated rates. A married couple filing separate returns may each claim only one-half of the deduction allowed on a joint return.

We read the 2025 instructions, so treat the figures as the 2025 tax-year rule. We did not read the rule that applied before 2025, so we do not describe it; if you are amending an older return, use that year's instructions.

Section 02

How a Gain Gets Into Your New Mexico Return

The Department's overview says personal income tax in New Mexico starts with federal adjusted gross income from your federal return, and PIT-1 line 9 tells you to enter the federal adjusted gross income from Form 1040, line 11. A capital gain reported on your federal return is therefore already in your starting figure. You then claim the deduction on Schedule PIT-ADJ, line 16, and carry the total of your deductions and exemptions to PIT-1. The PIT-ADJ instructions add that you must not enter any amount that the schedule does not list: an unlisted item is not a valid New Mexico deduction.

We found no other New Mexico break specific to capital gains in the instructions we read, and no separate New Mexico treatment of long-term versus short-term gains apart from this deduction.

Section 03

The Rates Applied to a Gain

The Department says New Mexico uses a graduated-rate table and that the rates vary with filing status, income and tax year. For taxable income of $100,000 or less, the PIT-1 instructions send you to the rate tables in the Department's look-up table, which we do not reproduce here. For taxable income over $100,000 the Department's 2025 Tax Rate Table gives these computations:

Filing statusTaxable incomeTax is
Single$100,000 to $210,000$4,356 plus 4.9% of the excess over $100,000
SingleOver $210,000$9,746 plus 5.9% of the excess over $210,000
Married filing jointly$100,000 to $315,000$4,087 plus 4.9% of the excess over $100,000
Married filing jointlyOver $315,000$14,622 plus 5.9% of the excess over $315,000
Married filing separately$100,000 to $157,500$4,492 plus 4.9% of the excess over $100,000
Married filing separatelyOver $157,500$7,310 plus 5.9% of the excess over $157,500
Head of household$100,000 to $315,000$4,087 plus 4.9% of the excess over $100,000
Head of householdOver $315,000$14,622 plus 5.9% of the excess over $315,000

These are the 2025 tax-year figures. We could not read the Department's current rate page (it did not load as text) or the 2026 tax table, so check the 2026 table when the Department publishes it before planning a 2026 sale.

Section 04

What a Gain Costs: A Worked Example

This worked example is our own arithmetic, not a Department figure. It assumes a single filer with $120,000 of New Mexico taxable income before any gain, uses the Department's 2025 computation table above, and rounds to the nearest dollar. On $120,000 the tax is $4,356 plus 4.9% of $20,000, which is $5,336. The table shows the extra tax from adding the gain after its deduction.

GainAmountDeductionTaxable income after gainExtra New Mexico tax
Long-term gain on stock, not a business sale$100,000$2,500$217,500$4,853
Business sale gain that qualifies for the 40% branch$1,000,000$400,000$720,000$34,500
Same gain if it does not qualify as a business-sale gain$1,000,000$2,500$1,117,500$57,953

The gap between the last two rows, $23,453, is what qualifying for the business-sale branch is worth in this example. Whether a particular sale qualifies depends on the Department's wording, a business that is allocated or apportioned to New Mexico; ask the Department or a preparer if the sale is a close call.

Section 05

Capital Losses

New Mexico starts from federal adjusted gross income, so a capital loss that reduces your federal figure is already reflected in the starting point. The IRS says the excess loss you can claim against other income is the lesser of $3,000 ($1,500 if married filing separately) or your total net loss, and that a net capital loss above that limit can be carried forward to later years. We found no separate New Mexico loss rule in the instructions we read.

One New Mexico filing rule applies to large losses: if you have a combined loss of over $40,000 from federal Schedules C, D, E or F or Form 4797, the PIT-1 instructions say to attach your federal Form 1040 or 1040-SR and the schedules showing the loss.

Section 06

Selling Your Home

The IRS says that if you sell your main home you may qualify to exclude up to $250,000 of the gain, or up to $500,000 on a joint return, and that you must report the sale if you cannot exclude all of the gain. Because New Mexico starts from federal adjusted gross income, gain that you exclude federally is not in your starting figure. The New Mexico pages we read do not say this in so many words, so that is our reading, not a Department statement. Any gain above the exclusion is an ordinary gain for New Mexico: it is taxed at the rates above and, as a gain on a home rather than a business sale, the instructions we read would give the $2,500 branch of the deduction.

Section 07

Residents, Part-Year Residents and Nonresidents

For the Department, you are a New Mexico resident if your domicile was in New Mexico for the entire year or you were physically present in New Mexico for a total of 185 days or more during the tax year, regardless of your domicile. A part-year resident was a resident for part of the year, was not present for 185 days or more, and on December 31 was no longer domiciled in New Mexico.

A nonresident must file in New Mexico when both are true: you are required to file a federal return and you have income from any New Mexico source whatsoever. People with income inside and outside the state use Schedule PIT-B. The PIT-B instructions say gains and losses from the sale or exchange of property are allocated and apportioned by the location of the income-earning property or activity. A gain on real property located in New Mexico is allocated to New Mexico. Tangible personal property located in New Mexico at the time of sale is also allocated to New Mexico, and intangible personal property, such as stock, is allocated to New Mexico if you are a resident, a part-year resident or have a commercial domicile in New Mexico (and the income is not apportioned on line 8).

A New Mexico resident taxed by another state on income that is also taxable in New Mexico may take a credit on PIT-1, line 20, for the tax paid to the other state. The instructions we read do not say separately whether the $2,500 or 40% deduction is limited for nonresidents or part-year residents, so ask the Department about a large nonresident sale.

Section 08

What Could Change for 2026

The Governor's office says she signed SB 151, the omnibus tax package, with the 2026 state budget on 11 March 2026, and that it does not raise any taxes on New Mexico families. Its published list of contents covers physician and local-news income tax credits and corporate income tax decoupling, and does not mention the capital gains deduction or personal income tax rates. That is the only 2026 official source we read, so it supports only a limited statement: we found no 2026 change to the deduction. The 2026 forms and instructions will confirm it.

Section 09

Official Sources

FAQ

Frequently Asked Questions

Does New Mexico tax capital gains?

Yes, as ordinary income. New Mexico starts from federal adjusted gross income, which includes the gain, and taxes it at its graduated income tax rates, less the capital gains deduction.

How much of a capital gain can I deduct in New Mexico?

Under the 2025 instructions, the greater of 100% of your net capital gains up to $2,500, or 40% of up to $1,000,000 of net capital gain income from the sale of a business allocated or apportioned to New Mexico. Short-term gains are not included.

Is the 40% deduction available on stock or real estate sales?

The 2025 instructions give the 40% branch only for gain from the sale of a business allocated or apportioned to New Mexico. For other gains the instructions give the first branch, up to $2,500. If a rental or other sale could count as a business, ask the Department.

What is the top New Mexico income tax rate that applies to a gain?

In the Department's 2025 Tax Rate Table the top rate is 5.9%, applying to taxable income over $210,000 for a single filer and over $315,000 for joint filers and heads of household. We could not read a 2026 table.

Are short-term capital gains taxed differently?

They are taxed as ordinary income like other gains, but the Department says net capital gains for the deduction do not include short-term capital gains, so they get no capital gains deduction.

I live outside New Mexico. Do I owe New Mexico tax on a gain?

You must file if you must file a federal return and have any New Mexico-source income. The PIT-B instructions allocate gain on real property located in New Mexico to New Mexico. For stock and other intangibles they allocate to New Mexico only for residents, part-year residents and those with a commercial domicile in the state.

Is my home sale gain taxed in New Mexico?

Gain you exclude federally (up to $250,000, or $500,000 on a joint return, per the IRS) is not in federal adjusted gross income, which is New Mexico's starting point. That is our reading; the Department pages we read do not state it. Gain above the exclusion is taxed as an ordinary gain.

Did the 2026 legislative session change the capital gains deduction?

We found no change. The Governor's release on the 2026 tax package, SB 151, lists physician and local-news credits and corporate tax decoupling and does not mention the capital gains deduction. Check the 2026 PIT-ADJ instructions when they are published.
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.
Keep reading

Related Guides