New York Capital Gains Tax 2026 State Rate Calculator
New York capital gains tax 2026 is taxed as ordinary income — NY state 4-10.9%, plus NYC resident add-on 3.078-3.876%, federal 0/15/20%, and NIIT 3.8%. NYC residents can owe over 38% combined on long-term gains.
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| NIIT 3.8% | — |
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New York capital gains tax 2026 is taxed as ordinary income at the state level — NY state 4-10.9%, plus NYC resident add-on 3.078-3.876% if you live in the five boroughs. Stacked with federal long-term rates (0/15/20%) and NIIT 3.8%, NYC residents can owe over 38% on long-term gains.
How New York Taxes Capital Gains
The NY Department of Taxation and Finance (DTF) treats all capital gains — short-term and long-term — as ordinary income. State brackets run from 4% (under $8,500 single) to 10.9% (over $25M). NY has no preferential rate for long-term gains, similar to California. The top 10.9% rate applies above $25M and replaced earlier multi-millionaire brackets in 2021 budget legislation.
NYC Adds Another 3.078-3.876%
If you are a New York City resident, NYC Department of Finance imposes a personal income tax on top of NY State: 3.078% (under $12K single) up to 3.876% (over $50K single). This tax applies to all income including capital gains. Brooklyn, Bronx, Queens, Manhattan, and Staten Island residents all pay. Yonkers residents pay an additional ~16.75% Yonkers surcharge on NY State tax.
Federal Rates Stack on Top
Federal long-term capital gains use 0/15/20% based on taxable income. Short-term gains face federal ordinary rates up to 37%. NIIT 3.8% applies when MAGI exceeds $200K single / $250K MFJ per IRC §1411. A high-earning NYC resident selling stock for a $1M long-term gain can owe roughly 20% federal + 10.9% NY + 3.876% NYC + 3.8% NIIT = ~38.6% combined.
Strategies for NY Residents
(1) Loss harvesting — pair gains with losses to net them out. (2) Qualified Opportunity Zones — defer federal cap gains via QOZ; NY conforms. (3) Charitable Remainder Trust — spread out NY tax over years. (4) Move before sale — NY aggressively audits "statutory residency" (183 days + permanent place of abode). To escape, you need a clean break: new domicile, fewer than 184 NY days, and disposing of NY residence. NY routinely audits Florida moves of executives.
Last updated May 2026. Sources: NY DTF, NYC Department of Finance, IRS §1411.