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Capital Gains Tax by State 2026: All 50 States Compared

At a glance

Key Facts

States With No Capital Gains Tax
9 states (TX, FL, NV, WA*, WY, AK, SD, TN, NH) — all have no income tax (*WA has 7% CG tax on gains over $250K)
Highest State CG Rate
California at 13.3% (ordinary income rate applies to all capital gains)
Federal Long-Term Rates
0% / 15% / 20% depending on income, plus 3.8% NIIT for high earners
Most Common State Treatment
Capital gains taxed as ordinary income — same rate as wages applies in ~40 states
Lowest Non-Zero State Rate
Arizona at 2.5% flat income tax rate (same rate applies to capital gains)
Key Planning Opportunity
Moving from CA, NY, or MN to TX, FL, or NV before a major asset sale can save 9-13% in state tax
Introduction

State Capital Gains Tax Rates 2026: What Every Investor Needs to Know

Capital gains taxes at the state level are one of the most consequential — and least understood — factors in investment planning. Unlike the federal government, which taxes long-term capital gains at preferential rates of 0%, 15%, or 20%, most US states simply add capital gains on top of ordinary income, taxing them at the same rate as wages. A California investor selling stock with $200,000 in long-term gains faces a combined federal and state rate of up to 33.3% (20% federal + 3.8% NIIT + 13.3% California), not the 23.8% they might expect from federal rates alone.

Only nine states have no state capital gains tax whatsoever — and all nine achieve this by having no income tax at all. A handful of states apply a flat income tax that affects capital gains uniformly. Understanding your state's treatment of capital gains is essential for timing asset sales, evaluating state residency changes, and planning large liquidity events such as business sales or real estate transactions.

This guide covers the capital gains tax rate for every US state in 2026, federal rates, the Net Investment Income Tax (NIIT), and worked examples at a $50,000 gain.

Section 01

Capital Gains Tax Rates by State 2026: Full 50-State Table

The table below shows the top state capital gains tax rate for each state in 2026. For the vast majority of states, this equals the top ordinary income tax rate, since states do not distinguish between short-term and long-term gains.

StateTop CG RateTreatment
Alabama5.0%Ordinary income rate
Alaska0%No income tax
Arizona2.5%Flat income tax rate
Arkansas3.9%Ordinary income rate
California13.3%Ordinary income rate — highest in US
Colorado4.4%Flat income tax rate
Connecticut6.99%Ordinary income rate
Delaware6.6%Ordinary income rate
Florida0%No income tax
Georgia5.49%Flat income tax rate (phasing down)
Hawaii7.25%Ordinary income rate (7.25% for CG specifically)
Idaho5.8%Ordinary income rate
Illinois4.95%Flat income tax rate
Indiana3.05%Flat income tax rate
Iowa6.0%Ordinary income rate
Kansas5.7%Ordinary income rate
Kentucky4.0%Flat income tax rate
Louisiana3.0%Ordinary income rate (reduced 2025)
Maine7.15%Ordinary income rate
Maryland5.75%Ordinary income rate (plus local up to 3.2%)
Massachusetts5.0%Ordinary income rate (8.5% on short-term CG)
Michigan4.25%Flat income tax rate
Minnesota9.85%Ordinary income rate — third highest
Mississippi4.7%Flat income tax rate (phasing down)
Missouri4.7%Ordinary income rate
Montana5.9%Ordinary income rate
Nebraska5.84%Ordinary income rate
Nevada0%No income tax
New Hampshire0%No income tax (interest/dividends tax fully repealed 2025)
New Jersey10.75%Ordinary income rate — second highest
New Mexico5.9%Ordinary income rate
New York10.9%Ordinary income rate (plus NYC up to 3.876%)
North Carolina4.5%Flat income tax rate
North Dakota2.5%Ordinary income rate
Ohio3.5%Ordinary income rate
Oklahoma4.75%Ordinary income rate
Oregon9.9%Ordinary income rate
Pennsylvania3.07%Flat income tax rate
Rhode Island5.99%Ordinary income rate
South Carolina6.4%Ordinary income rate (CG exclusion available)
South Dakota0%No income tax
Tennessee0%No income tax
Texas0%No income tax
Utah4.55%Flat income tax rate
Vermont8.75%Ordinary income rate
Virginia5.75%Ordinary income rate
Washington7%**CG tax on long-term gains above $262,000 only (2026)
West Virginia4.82%Ordinary income rate (phasing down)
Wisconsin7.65%Ordinary income rate (30% exclusion available)
Wyoming0%No income tax
Washington DC10.75%Ordinary income rate

Note on Washington State: Washington enacted a 7% capital gains excise tax in 2022 that was upheld by the state Supreme Court in 2023. It applies only to long-term capital gains above $262,000 (2026 threshold, inflation-adjusted) and excludes real estate, retirement accounts, and certain small business sales. This is unique — it is not an income tax but a capital gains excise tax.

Section 02

Federal Capital Gains Rates + NIIT: The Full Picture

Federal Long-Term Capital Gains Rates 2026

At the federal level, long-term capital gains (assets held more than 12 months) are taxed at preferential rates that are lower than ordinary income rates. The 2026 federal long-term capital gains tax brackets are:

Taxable Income (Single)Taxable Income (MFJ)Federal LT CG Rate
$0 – $48,350$0 – $96,7000%
$48,351 – $533,400$96,701 – $600,05015%
Above $533,400Above $600,05020%

Short-term capital gains (assets held 12 months or less) are always taxed as ordinary income at federal rates — up to 37% for the highest earners in 2026.

Net Investment Income Tax (NIIT)

High earners also face a 3.8% Net Investment Income Tax on capital gains. The NIIT applies when modified adjusted gross income (MAGI) exceeds $200,000 for single filers or $250,000 for married couples filing jointly. There is no inflation adjustment to these thresholds — they have been fixed since 2013, meaning more taxpayers are captured each year.

Combined, a high-earning California investor faces: 20% federal + 3.8% NIIT + 13.3% California = 37.1% total on long-term capital gains. By contrast, a high earner in Texas or Florida faces: 20% federal + 3.8% NIIT + 0% state = 23.8% total — a difference of 13.3 percentage points.

Worked Example: $50,000 Long-Term Capital Gain

Assume a single filer with $120,000 in wages sells stock with a $50,000 long-term capital gain. MAGI is $170,000.

ScenarioFederal CG TaxState CG TaxTotal Tax on $50K Gain
Texas / Florida (no state tax)$7,500 (15%)$0$7,500
Arizona (2.5% flat)$7,500 (15%)$1,250$8,750
Colorado (4.4% flat)$7,500 (15%)$2,200$9,700
Oregon (9.9%)$7,500 (15%)$4,950$12,450
New York (10.9%)$7,500 (15%)$5,450$12,950
California (13.3%)$7,500 (15%)$6,650$14,150

At $50,000 in gains, the difference between living in Texas versus California is $6,650 in state tax alone — and this gap grows proportionally with larger gains.

Highest and Lowest States: Quick Summary

Top 5 highest state CG rates: California (13.3%), New Jersey (10.75%), New York (10.9%), Washington DC (10.75%), Oregon (9.9%)

Zero state CG tax: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Wyoming. Washington applies 7% only above $262,000.

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FAQ

Frequently Asked Questions

Which states have no capital gains tax?

Nine states have no capital gains tax: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington (mostly — a 7% excise tax applies on long-term gains above $262,000 only), and Wyoming. These states have no general income tax, so capital gains are not taxed at the state level. New Hampshire eliminated its interest and dividends tax in 2025, making it fully income-tax-free.

Does California really tax capital gains at 13.3%?

Yes. California taxes all capital gains — short-term and long-term — as ordinary income at the same rates as wages. The top California income tax rate is 13.3% (applied on income above $1 million). For most California investors with large gains, the marginal rate on capital gains is 9.3% or 10.3%, with 13.3% only applying above $1 million. Combined with federal rates and the 3.8% NIIT, California investors at the top bracket face total capital gains rates of 37.1% or more.

Are long-term capital gains taxed differently than short-term at the state level?

In most states, no. States that apply ordinary income rates to capital gains do not distinguish between short-term and long-term gains — both are taxed at the same rate. The federal government taxes long-term gains (held 12+ months) at preferential 0%/15%/20% rates, but states typically ignore this and use their own income tax brackets. A few states offer partial exclusions: Wisconsin excludes 30% of long-term capital gains, South Carolina offers a 44% exclusion, and Massachusetts taxes short-term gains at a higher 8.5% rate versus 5% for long-term.

What is the Net Investment Income Tax (NIIT) and who pays it?

The Net Investment Income Tax is a 3.8% federal surtax on investment income including capital gains, dividends, and rental income. It applies when modified adjusted gross income (MAGI) exceeds $200,000 for single filers or $250,000 for married couples filing jointly. These thresholds are not indexed for inflation — they have been fixed since 2013. The NIIT is in addition to regular federal capital gains tax, so high earners pay 15% + 3.8% = 18.8% federal, or 20% + 3.8% = 23.8% at the very top bracket.

Can I avoid state capital gains tax by moving to a no-tax state before selling?

Potentially, yes — but you must genuinely establish tax residency in the new state before the sale occurs. States like California aggressively audit taxpayers who move shortly before a large capital gain event. For a move to be respected, you should change your driver's license, voter registration, and primary address; spend more days in the new state than California; and sever community and professional ties to California. New York has similar residency audit rules. For large gains ($1 million+), working with a tax attorney before any move is strongly recommended.

What is Washington State's capital gains tax and how does it work?

Washington State enacted a 7% capital gains excise tax that applies to net long-term capital gains above $262,000 per year (the 2026 threshold, which is inflation-adjusted). The tax does not apply to real estate, retirement account withdrawals, livestock, timber, or interests in family-owned small businesses. Washington characterizes this as an excise tax rather than an income tax, which is why it can coexist with Washington's general prohibition on income taxes. The tax was upheld by the Washington Supreme Court in 2023.
Disclaimer:This guide provides general tax information for educational purposes only. State capital gains tax rates, thresholds, and treatment change frequently due to legislation. Federal capital gains rates and NIIT thresholds are set by federal law. Always verify current figures at irs.gov and your state's department of revenue website. Consult a qualified tax professional before making investment or residency decisions based on tax considerations.
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