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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 taxes capital gains 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.

Detailed New York capital gains tax rules

Tax history and legal basis

New York taxes capital gains as ordinary income with a progressive system. NYC residents face an additional city tax of up to 3.876%, pushing the combined state+city rate above 14.7%.

Exemptions and special treatment

New York does not offer preferential capital gains rates or exclusions for investment gains. NYC imposes its own income tax (3.078-3.876%) on top of the state tax for city residents. Yonkers adds a 16.75% surcharge on the state tax for Yonkers residents.

Filing requirements

File Form IT-201 (resident). NYC residents file Form NYC-201 additionally. The state starts with federal AGI. Estimated payments required if owing $300+. Filing deadline is April 15.

Recent changes and legislative updates

New York added a temporary top bracket of 10.9% (income over $25M) in 2021, extended through 2027. For NYC residents, the combined state+city rate can reach 14.776%. This is the highest combined state+local income tax rate in the country. Many high-net-worth taxpayers have relocated to Florida, though NY aggressively audits residency changes.

Worked example: $50,000 capital gain in New York

Here's exactly what a New York resident would owe on a $50,000 long-term capital gain with $80,000 in other income (single filer, 2026):

ComponentAmountNotes
Capital gain$50,000Long-term (held over 1 year)
Federal tax (15%)−$7,500Based on $80,000 ordinary income + gain
New York state tax (6.85%)−$3,425Applied to the full gain amount
Total tax owed−$10,925Federal + state combined
You keep$39,07578.1% of your gain

After both federal and New York state tax, you keep $39,075 of your original $50,000 gain. The effective combined rate is 21.9%.

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.