Does New York Have a Capital Gains Tax On Real Estate | Decoding New York's Capital Gains Tax: Implications for Real Estate Transactions

August 16, 2023George Barrett

Capital gains tax is a vital aspect of the tax landscape when buying or selling property, and the state of New York is no exception. Understanding how capital gains tax applies to real estate transactions in New York can help property owners and investors make informed decisions. This blog post will provide a thorough overview of New York's capital gains tax on real estate.

What is Capital Gains Tax?

Before we dive into specifics, it's essential to understand what capital gains tax is. Capital gains tax is a levy on the profit realized from the sale of a 'capital asset,' such as real estate. This tax is calculated on the difference between the sale price and the original purchase price (adjusted for improvements and certain costs related to the sale).

New York's Stance on Capital Gains Tax

In New York, capital gains from real estate transactions are subject to both federal and state taxes.

Federal Capital Gains Tax

On the federal level, capital gains tax rates depend on your income bracket and how long you've owned the property. As of the time of writing, if you've owned the property for more than a year before selling, you'll pay a long-term capital gains tax rate of 0%, 15%, or 20%, depending on your income.

State Capital Gains Tax

New York State, however, treats capital gains as regular income for state tax purposes. As of my last knowledge update in September 2021, the tax rates range from 4% to 8.82%, depending on your income level. This means that the profit you make from selling real estate will be taxed at your ordinary state tax rate, not at a potentially lower capital gains rate.

Exceptions to the Rule

There are some exceptions to these tax rules. For instance, the primary home exclusion allows you to exclude up to $250,000 (or $500,000 for joint filers) of gain on the sale of your primary home from the capital gains tax, provided you meet certain conditions.

Impact on Real Estate Investments

The presence of capital gains tax in New York can significantly impact the net profit from selling property, especially for real estate investors. Thus, it's essential to consider these tax implications when planning real estate investments or sales.


Understanding the capital gains tax on real estate in New York can help property owners and investors navigate the tax landscape more effectively. It's important to note that tax laws can be complex and subject to change, so it's always a good idea to consult with a tax professional to ensure you have the most accurate and up-to-date information.

George is the visionary behind NY Real Estate Trend. With over 20 years of experience in the real estate industry, he has a deep understanding of the New York market and a passion for helping others navigate it.
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