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New York · State Tax Guide

New York Capital Gains Tax Rate (2026)

Top State Rate
10.90%
Rate Structure
3.9–10.9% progressive
Preferential LT Rate?
No
Max Combined (Fed + State)
34.7%

New York capital gains tax overview

New York has nine brackets reaching 10.9% above $25,000,000. New York City residents also pay city income tax (up to 3.876%), pushing the combined rate above 14%.

No preferential long-term rate: Unlike the federal system, New York taxed identically to ordinary income at the state level. This makes timing strategies especially important for New York residents with large gains.

Federal + New York combined rates

Your total capital gains tax bill includes both layers — federal and state. Here is what a New York investor pays in 2026 for long-term gains:

Federal Long-Term RateNew York State RateCombined RatePlus NIIT (if applicable)
0%10.90%10.90%14.7%
15%10.90%25.9%29.7%
20%10.90%30.9%34.7%

The NIIT (Net Investment Income Tax) adds an extra 3.8% for taxpayers whose MAGI exceeds $200,000 (single) or $250,000 (married filing jointly). It is a federal tax only — New York does not have an equivalent.

How New York compares to other states

New York's top rate of 10.90% places it among the highest-taxed states for capital gains. For comparison:

Tax-reduction strategies for New York residents

With a top state rate of 10.90%, minimizing capital gains tax is particularly important in New York. Key strategies:

Try the calculator: Use our free capital gains calculator to see your exact federal tax instantly. Pro users get automatic New York state tax added to every calculation.

Frequently asked questions — New York

Does New York tax short-term and long-term gains differently?

No — New York taxes both short-term and long-term capital gains as ordinary income at the same rates as wages. There is no state-level preferential rate for patience. The federal system, however, taxes long-term gains at 0/15/20% vs. up to 37% for short-term — a significant difference that applies regardless of state.

Do I need to file a New York tax return if I only have capital gains?

If you have capital gains income and meet New York's filing threshold, you are required to file a New York state income tax return. The threshold is typically similar to the standard deduction amount — check the NY Department of Revenue for the current year's filing requirements.

What if I moved to New York mid-year?

If you moved to New York during the year, you are a part-year resident. New York generally taxes capital gains realized while you were a New York resident. Gains realized before you moved may be taxable by your prior state. Keep detailed records of when each sale occurred relative to your move date.