States With No Capital Gains Tax

Nine states have no personal income tax — Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Wyoming, and Washington (note: WA has a 7% tax on gains over $250,000 from financial assets). In these states, only federal capital gains tax and NIIT apply.

State + federal maximum combined capital gains rates — 2025

StateCapital Gains RateCombined with Federal 20%+NIIT 3.8%
Texas / Florida0%23.8%
Washington (financial assets >$250K)7%30.8%
New York + NYC14.78% combined38.58%
California13.3%37.1%
Oregon9.9%33.7%
New Jersey10.75%34.55%
Minnesota9.85%33.65%
Illinois4.95%28.75%
Pennsylvania3.07%26.87%

How State Capital Gains Are Typically Calculated

The majority of states that have income taxes treat capital gains as ordinary income — there is no preferential rate at the state level. States simply apply their income tax brackets to capital gains along with other income. A few exceptions: Wisconsin excludes 30% of net long-term capital gains; South Carolina has a long-term capital gains deduction; Colorado has a minor exclusion. Most states default to full ordinary income treatment.

ℹ️California Taxes All Capital Gains As Ordinary Income

California applies its regular income tax rates (up to 13.3%) to all capital gains — short or long-term. Combined with federal (20%) and NIIT (3.8%), California investors face a maximum 37.1% combined capital gains rate. This makes California one of the most expensive states in the country for realized investment gains.

Moving Before a Capital Gain: What You Need to Know

  • Relocating from a high-tax to a low-tax state before selling can save significantly
  • Must be a genuine domicile change: new driver’s license, voter registration, primary residence, majority of time spent
  • California and New York aggressively audit high-income movers who realize large gains shortly after relocation
  • Part-year resident returns may split gains between states based on time spent in each
  • Minimum safe period: Most practitioners recommend 2+ years of genuine residence before a large gain realization
  • Document everything: utility bills, lease, professional address changes, social connections in new state

When State Capital Gains Tax Exceeds Federal

For lower-income investors in the 0% federal long-term capital gains bracket, the state capital gains tax can actually exceed the federal tax. An Oregon investor with $40,000 in income who realizes $20,000 in long-term capital gains owes 0% federal but approximately 9.9% state on those gains — a state-only bill. This counterintuitive situation affects retirees using the 0% bracket strategy in high-tax states.

Calculate State + Federal Capital Gains Tax

Select your state to see the combined federal, NIIT, and state capital gains tax on your investment sale.

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