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Oregon · State Tax Guide

Oregon Capital Gains Tax Rate (2026)

Top State Rate
9.90%
Rate Structure
4.75–9.9% progressive
Preferential LT Rate?
No
Max Combined (Fed + State)
33.7%

Oregon capital gains tax overview

Four brackets from 4.75% to 9.9%. Oregon taxes capital gains as ordinary income with no preferential rate.

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

Federal + Oregon combined rates

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

Federal Long-Term RateOregon State RateCombined RatePlus NIIT (if applicable)
0%9.90%9.90%13.7%
15%9.90%24.9%28.7%
20%9.90%29.9%33.7%

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 — Oregon does not have an equivalent.

How Oregon compares to other states

Oregon's top rate of 9.90% places it among the highest-taxed states for capital gains. For comparison:

Tax-reduction strategies for Oregon residents

With a top state rate of 9.90%, minimizing capital gains tax is particularly important in Oregon. Key strategies:

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

Detailed Oregon capital gains tax rules

Tax history and legal basis

Oregon taxes capital gains as ordinary income with a progressive system. The top rate of 9.9% makes it one of the highest-tax states for capital gains.

Exemptions and special treatment

Oregon does not offer a preferential capital gains rate. The state taxes all gains at ordinary income rates up to 9.9%. However, Oregon has no sales tax, which partially offsets the high income tax. A 'kicker' refund is distributed when revenues exceed forecasts by 2%+.

Filing requirements

File Form OR-40 (resident). Oregon starts with federal taxable income. The state does NOT conform to the federal standard deduction — it has its own (much lower: ~$2,745 single). Estimated payments required if owing $1,000+. Filing deadline is April 15.

Recent changes and legislative updates

Oregon's 9.9% top rate applies to income over $125,000 (single). A 2020 ballot measure (Measure 97) to impose a gross receipts tax failed, but the state's income tax remains among the highest. Portland-area residents face an additional 1% Metro Supporting Housing tax and 1% Multnomah County Preschool tax — pushing total rates above 12% locally.

Worked example: $50,000 capital gain in Oregon

Here's exactly what an Oregon 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
Oregon state tax (9%)−$4,500Applied to the full gain amount
Total tax owed−$12,000Federal + state combined
You keep$38,00076.0% of your gain

After both federal and Oregon state tax, you keep $38,000 of your original $50,000 gain. The effective combined rate is 24.0%. This is significantly higher than the national average — consider tax-loss harvesting or timing strategies to reduce your bill.

Frequently asked questions — Oregon

Does Oregon tax short-term and long-term gains differently?

No — Oregon 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 an Oregon tax return if I only have capital gains?

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

What if I moved to Oregon mid-year?

If you moved to Oregon during the year, you are a part-year resident. Oregon generally taxes capital gains realized while you were an Oregon 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.