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Capital Gains Tax in New York

Combined rate and how to defer it in New York.

New York's top state income tax rate of 10.90% on capital gains produces a combined investment property figure of 34.7% (20% federal + 3.8% NIIT + 10.90% state). New York City residents add a city income tax on top, which can push the effective rate above 40%.

Capital gains tax in New York

New York taxes capital gains as ordinary income at up to 10.90% at the state level. New York City residents face additional city income tax, increasing the effective rate further. See the state-plus-federal estimate with depreciation recapture in the capital gains tax calculator.

Defer it with a 1031 exchange

A 1031 like-kind exchange defers the combined 34.7% state-plus-federal rate, and city taxes for NYC residents, by reinvesting all proceeds into a replacement property. Model the numbers in the 1031 exchange calculator and get your deadline dates from the timeline calculator.

Educational only. The 34.7% rate reflects state and federal only; NYC residents face additional city tax. Confirm your full effective rate with a tax professional.