How does the capital gains tax rate vary by state?

Understand how the capital gains tax rate varies by state, and its impact on taxpayers across state lines.


Capital gains tax rates can vary by state in the United States, and they are typically influenced by state tax laws. States have the authority to impose their own income tax rates, including rates on capital gains, here is a general overview of how capital gains tax rates can vary by state:

  1. States with No Income Tax: Some states do not impose a state income tax, which includes capital gains. These states have a capital gains tax rate of 0%. Notable states without an income tax include Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming.

  2. States with Flat Rates: Several states have a flat-rate income tax that applies to capital gains. The rate is the same regardless of income level. For example, Pennsylvania has a flat 3.07% rate on all income, including capital gains.

  3. States with Graduated Rates: Many states have a graduated or progressive income tax system, where the tax rate increases as your income, including capital gains, increases. States like California, New York, and New Jersey have higher tax rates for individuals with higher incomes.

  4. Exemptions and Deductions: Some states offer exemptions or deductions for long-term capital gains, which may result in a lower effective tax rate. For example, in New Mexico, there is a lower tax rate for long-term capital gains.

  5. Reciprocity Agreements: Some states have reciprocity agreements with others, which means that residents who earn income in another state may not be subject to double taxation on their capital gains. The tax liability is typically determined based on the taxpayer's state of residence.

  6. Special Rules for Real Estate: Some states may have special rules and rates for capital gains on real estate transactions. These rules can vary widely by state and may be influenced by the type of property and the length of ownership.

  7. Legislation Changes: Tax laws can change, so it's essential to stay updated on the most current tax rates and regulations in your state.

It's important to note that the specific capital gains tax rates and rules can change over time, If you are planning to realize capital gains and want to know the current tax rates and regulations in your state, I recommend consulting a tax professional or checking the website of your state's Department of Revenue or Taxation for the most up-to-date information.

State Variations in Capital Gains Tax Rates: Taxation Across Borders.

State variations in capital gains tax rates can have a significant impact on investors, especially those with high incomes or those who live in multiple states.

Capital Gains Tax Rates by State

The following table shows the maximum capital gains tax rates for each state, as of October 28, 2023:

StateMaximum Capital Gains Tax Rate
Alaska0%
Florida0%
Nevada0%
New Hampshire0%
South Dakota0%
Tennessee0%
Texas0%
Washington0%
Arizona4.5%
California13.3%
Colorado4.63%
Delaware6.6%
Georgia6%
Hawaii10.6%
Idaho7.4%
Illinois4.95%
Indiana3.23%
Iowa8.98%
Kansas3.23%
Kentucky5.9%
Louisiana8.5%
Maine7.95%
Maryland8.95%
Massachusetts12%
Michigan4.25%
Minnesota10.85%
Mississippi5%
Missouri6.4%
Montana6.9%
Nebraska6.84%
New Jersey8.97%
New Mexico6.5%
New York10.9%
North Carolina5.25%
North Dakota2.9%
Ohio4.8%
Oklahoma5.25%
Oregon9.9%
Pennsylvania3.09%
Rhode Island8.97%
South Carolina6.9%
Utah5%
Vermont6.85%
Virginia5.75%
West Virginia6.5%
Wisconsin7.65%
Wyoming0%

Taxation of Capital Gains Across Borders

Investors who live in multiple states or who invest in companies that are located in multiple states may need to pay taxes on their capital gains to multiple states. This can be a complex process, and it is important to consult with a tax advisor to ensure that you are paying the correct amount of taxes.

In general, investors are required to pay taxes on their capital gains to the state in which they were resident at the time of the sale. However, some states also have "source-based" taxation, which means that they tax capital gains from the sale of assets that are located within the state, even if the investor is not a resident of the state.

Investors who live in a state with source-based taxation may be able to claim a credit for taxes paid to other states. However, this can be a complex process, and it is important to consult with a tax advisor to ensure that you are claiming the correct amount of credit.

Conclusion

State variations in capital gains tax rates can have a significant impact on investors. It is important to be aware of the tax rates in the states in which you live and invest in order to minimize your tax liability. If you have any questions about how state capital gains taxes apply to you, you should consult with a tax advisor.