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Summary

  • Capital Gains Tax Basics: Capital gains tax impacts long-term investors, varying across states. It is influenced by factors like asset holding period, tax brackets, and asset types.

  • Top States with Highest Rates: California, New York, New Jersey, Oregon and Minnesota impose some of the nation's highest capital gains tax rates. This, affecting investors' returns and decisions.

  • Implications and Strategies: High tax rates in these states reduce after-tax returns, prompting investors to consider relocation. Companies can also implement strategies like tax-loss harvesting, investing in opportunity zones, utilizing tax-advantaged accounts, and charitable giving to reduce tax burdens.

Capital gains tax is a crucial consideration for long-term investors, impacting their overall returns and investment strategies. While the federal government sets a baseline rate, individual states can impose additional taxes. Thus, making the tax management differ across the United States. 

In this article, we explore the top states with the highest capital gains tax rates for long-term investors, and discuss the implications for investment decisions.

Understanding Capital Gains Tax


Capital gains tax is charged on the profit earned on the sale of an asset held for more than a year. This includes earning from stocks, real estate, or bonds. Long-term investors normally seek to maximize returns over time, but the tax implications differ based on their location.

Factors Affecting Capital Gains Tax

Factors Affecting Capital Gains Tax

Investment Holding Period: 

Capital gains tax rates frequently fluctuate depending on how long an asset is held before being sold. Short-term capital gains, which are normally from assets kept for less than a year, are generally taxed at higher rates than long-term capital gains.  Governments encourage long-term investment by lowering tax rates to promote economic growth and stability.

Tax Bracket: 

The capital gains tax rate can be influenced by an individual's overall tax bracket. Individuals with higher earnings are taxed more heavily on capital gains in many jurisdictions. This progressive tax structure seeks to more equally spread the tax burden. Thus, ensuring that those who can afford to pay more contribute a larger share of government revenue.

Type of Asset: 

Capital gains tax rates and exemptions may vary depending on the type of asset. For example, profits from the selling of stocks, bonds, and real estate may be taxed differently. 

Some governments provide preferential tax treatment for certain types of investments. Such as, Qualified small business stock in specific industries or geographic areas, as part of economic development projects.

Tax Laws and Regulations:

Changes to tax laws and regulations can have a substantial impact on capital gains tax rates and rules. Governments can change tax policies based on economic conditions, political priorities, or budgetary constraints. Investors and taxpayers must be aware about legislative changes that may affect their capital gains tax liability and investing plans.

Tax Treaties and International Transactions: 

Tax treaties between countries can have an impact on capital gains tax considerations for investors in cross-border transactions. These treaties may include provisions to reduce or eliminate double taxation on capital gains originating from international investments. 

Understanding the tax implications of foreign transactions is critical for investors operating in many jurisdictions who want to improve their tax planning techniques and comply with legal requirements.

Highest Capital Gains Tax States

1. California:

California has the highest capital gains tax rate in the country, at a maximum of 13.3%. High-income earners are liable to an additional 1% mental health services tax, which increases their tax burden. 

The capital gains tax rate in California may hinder long-term investors. Especially the investors that are looking to maximize their returns.

2. New York:

New York minimum tax rates at 12.7%, making it one of the regions with the highest capital tax rate. The state's progressive tax system ensures that high-income earners pay higher tax rates, which influences their investment decisions. Therefore the capital gains tax in New York state must be carefully considered.

3. New Jersey:

New Jersey has a maximum capital gains tax rate of 10.75%, making it one of the states with the highest tax burdens on investors. Despite its closeness to major financial centers such as New York City, New Jersey's tax policies have the potential to affect long-term investment decisions.

4. Oregon:

Oregon has a maximum capital gains tax rate of 9.9%, making it one of the states with high tax burdens on investors. Therefore, investors must balance tax implications with investment objectives.

5. Minnesota:

Minnesota has a maximum capital gains tax rate of 9.85%, which impacts long-term investors in the state. The tax rate applies to individuals with taxable income that exceeds specified thresholds. Thus, emphasizing the significance of tax planning for Minnesota investors.

Effects on Long-Term Investors

The high capital gains tax rates in some states have serious consequences for long-term investors. 

Firstly, investors may experience lower after-tax returns, which will have an influence on overall investment performance. 

Secondly, tax planning becomes critical for reducing the tax burden and optimizing investment options. Investors may also consider relocating to states with lower tax rates in order to enhance long-term after-tax returns.

Strategies to Reduce Capital Gains Tax

Long-term investors can employ various strategies to reduce the impact of capital gains tax on their investment portfolios:

  • Tax-Loss Harvesting: Selling loss-making assets to offset capital gains can reduce taxable income and lower the overall tax liability.

  • Qualified Opportunity Zones: Investing in designated opportunity zones can provide tax incentives. This includes reduced capital gains taxes and promoting economic development in underserved communities.

  • Tax-Advantaged Accounts: Contributing to retirement accounts, such as 401(k)s or IRAs, allows investors to lower capital gains taxes.

  • Charitable Giving: Donating appreciated assets to charitable organizations can result in tax deductions.

The top states with the highest capital gains tax for long-term investors are important considerations for anyone trying to maximize their investment returns. States like California, New York, and New Jersey have some of the highest capital gains tax rates in the US. 

High tax rates can significantly reduce net investment gains, impacting investor behavior and potentially discouraging investment in specific regions. As a result, long-term investors may opt for more tax-friendly areas or use tax mitigation measures to maximize their returns. 

Understanding the various state tax landscapes is critical for investors to make informed decisions that complies with their financial objectives and strategies.

This article is brought to you by my-cpe.com

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Jason Dinesen
Jason Dinesen
President, Dinesen Tax & Accounting, P.C.

Jason Dinesen (LPA, EA) is an entrepreneur, tax expert, and CPE Presenter. Dinesen brings over 15 years of experience helping individuals and businesses with accounting, bookkeeping, tax preparation, and business advisory in various industries. Dinesen is a regular CPE Presenter at myCPE. He has coached more than 200k+ accounting, taxes, and HR professionals on various topics of accounting, individual taxation, corporate taxation, and professional ethics. Jason has developed a strong following within the professional community for tax-related subjects. Dinesen is known for sharp tax interpretations, and he quickly brings his analysis of the latest tax updates and IRS guidance to the professional community.

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