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Capital Gains Tax Rates in 2026: What Sellers Actually Pay

The federal brackets, the net investment income tax, and the state layer that together set the real cost of a sale.

Published 2026-07-07 · Optimist Tax Advisors

The tax on a sale is a stack of layers, and quoting any one layer understates the bill. Here is the full stack for 2026.

Federal long-term rates

Assets held longer than one year are taxed at 0%, 15%, or 20% federally, with the 20% bracket beginning at roughly half a million dollars of taxable income for single filers (thresholds are indexed annually). Most sellers with meaningful gains are at 20%.

The net investment income tax

A 3.8% surtax applies to investment income above $200K of modified adjusted gross income (single) or $250K (married filing jointly). These thresholds are not indexed, so nearly every significant sale triggers it. Practical top federal rate on long-term gains: 23.8%.

Short-term gains

Assets held one year or less are taxed as ordinary income, up to 37% federally, plus the 3.8% surtax: 40.8% before state tax. The single cheapest planning move available is often just crossing the one-year line.

The state layer

States tax capital gains as ordinary income, at rates from zero to over 13%. California's top rate exceeds 13% with no preferential gains rate. New York's top state rate is roughly 10.9%, and New York City residents add a local layer that pushes the combined state-and-city figure toward 15%. Eight states, including Texas, Florida, and Washington (which instead levies a separate 7% excise on large gains), have no conventional income tax on wages, though treatment of gains varies.

Putting it together

A top-bracket California seller of long-term stock faces roughly 37% combined. A Texas seller of the same stock faces 23.8%. The gap between them, and the gap between long-term and short-term treatment, is the raw material most capital gains planning works with: timing, residency, character, and the deferral and exclusion structures covered elsewhere on this site.

This article is educational commentary, not individualized tax, legal, or investment advice. Rates and thresholds referenced are as of the publication date.
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