Must I pay capital gain on property in another state (2024)

by Rob Seltzer, CPA, PFS

I am a resident of California and sold property in Washington State. Am I supposed to pay capital gain on the sale of that property to the State of California?

As a California resident, you are taxable on any income, no matter where you earn it. Therefore, no matter what state you have property in, you would have to report the gain to California. You are fortunate that the State of Washington has no state income tax. If you had sold property in most states, you would have had to file a state return and pay a tax. Then you would also have had to report it to California. California, however, would give you a credit for the tax that you paid to the other state, subject to some limitations. Consider yourself lucky that you had property in Washington and not another state that has individual income taxes.

Rob Seltzer is principal of Robert Seltzer, CPA, PFS, in Beverly Hills. You can reach him at (310) 278-9944(310) 278-9944.

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Must I pay capital gain on property in another state (2024)

FAQs

Must I pay capital gain on property in another state? ›

Yes, you should file a Non-Resident State Return in the state where the Rental Property was located, to report the sale. In going through the State Interview, you will be able to indicate what income is to be included on the Non-Resident Return (all capital gains from sale of rental property located there).

Do you have to pay capital gains in two states? ›

As a California resident, you are taxable on any income, no matter where you earn it. Therefore, no matter what state you have property in, you would have to report the gain to California.

What states do not have to pay capital gains tax? ›

States with No Capital Gains Taxes

If you have a large number of assets there might be a benefit to reside in one of the following states. These include Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, and Wyoming.

How to avoid state capital gains tax? ›

Here are some of the most common methods that you can incorporate into your financial plan:
  1. Invest for the Long Term. ...
  2. Contribute to Your Retirement Accounts. ...
  3. Pick Your Cost Basis. ...
  4. Lower Your Tax Bracket. ...
  5. Harvest Losses to Offset Gains. ...
  6. Move to a Tax-Friendly State. ...
  7. Donate Stock to Charity. ...
  8. Invest in an Opportunity Zone.
Mar 6, 2024

Do you have to pay capital gains if you relocate? ›

If I had to sell my house to relocate for a new job, can I exclude my capital gains? Share: If you meet the conditions for a capital gains tax exemption, you can exclude up to $250,000 of gain on the sale of your main home. Certain joint returns can exclude up to $500,000 of gain.

How are capital gains taxed when you move states? ›

The majority of states levy capital gains taxes – the only ones that don't are Alaska, Florida, New Hampshire, Nevada, Texas, South Dakota, Wyoming, and Washington. You may face additional capital gains tax consequences in these other states if you sell an investment or asset for a profit prior to moving.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

Is capital gains federal or state? ›

Most states tax capital gains at the same rate as the federal government. Nine states — Alaska, Florida, New Hampshire, Nevada, South Dakota, Tennessee, Texas, Washington and Wyoming — do not tax capital gains.

How much capital gains is not taxable? ›

Long-term capital gains tax rates for the 2024 tax year
FILING STATUS0% RATE20% RATE
SingleUp to $47,025Over $518,900
Married filing jointlyUp to $94,050Over $583,750
Married filing separatelyUp to $47,025Over $291,850
Head of householdUp to $63,000Over $551,350
1 more row
Mar 13, 2024

What is the zero percent capital gains tax? ›

For the 2024 tax-filing season, the 0% rate on long-term capital gains – any asset held for longer than a year – can be applied to taxable income of $44,625 or less for single filers and $89,250 or less for married couples filing jointly.

Do I have to buy another house to avoid capital gains? ›

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

What state has the highest capital gains tax? ›

California – California has one of the highest rates of capital gains tax among the 50 states. The highest rate standing at 13.3%. Colorado – The CGT rate is up to 4.55%. Connecticut – The CGT rate is up to 6.99%.

Can you roll capital gains into another property? ›

You might be able to defer capital gains by buying another home. As long as you sell your first investment property and apply your profits to the purchase of a new investment property within 180 days, you can defer taxes. You might have to place your funds in an escrow account to qualify.

What is the 2 of 5 year rule? ›

When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.

Is there a once-in-a lifetime capital gains exemption? ›

The capital gains exclusion applies to your principal residence, and while you may only have one of those at a time, you may have more than one during your lifetime. There is no longer a one-time exemption—that was the old rule, but it changed in 1997.

Do I pay capital gains tax both to state and federal? ›

When someone sells a capital asset, the difference between the asset's basis, or original cost, and its selling price is the capital gain (if a profit is made) or capital loss. Capital gains are taxable at both the federal level and the state level.

Is capital gains tax federal or state or both? ›

Most states tax capital gains at the same rate as the federal government. Nine states — Alaska, Florida, New Hampshire, Nevada, South Dakota, Tennessee, Texas, Washington and Wyoming — do not tax capital gains.

How to file taxes for two different states? ›

Filing Taxes in Multiple States & Reciprocity Agreements
  1. First, file a nonresident return for the state where you work. You'll need information from this return to properly file your return in your home state.
  2. Next, file a resident return for the state where you live.

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