New York Real estate Capital Gains Tax 2026: Graduated income tax (top rate up to 10.9%)

New York Real estate capital gains in this model: Graduated income tax (top rate up to 10.9%). Use this calculator to stack federal long-term or short-term tax, NIIT when it applies, and New York's modeled treatment. New York taxes most capital gains as ordinary income; New York City local tax is not fully itemized in this estimate.

Rates last verified: August 2026

Capital Gains Calculator

Federal · NIIT · All 50 states

2026 ratesIRS verified

Follow the three steps, save the sale, then calculate. Required fields are marked with *.

Your tax profile

These apply to every sale in this estimate.

Tax year

Filing status

State

Annual taxable income (before these gains)

Capital loss carried from prior years

What you sold

Prices and quantity for this lot. Give it a name if you will add more than one sale.

Asset type

Asset name

Buy price

Sell price

Quantity / units

Selling expenses

Property type

When you bought and sold

The IRS uses these dates to decide short-term vs long-term rates.

Buy date

Sell date

Next: Save this sale to the order log, then click Calculate now. Tax results do not update until you calculate.

Order log

Sales included in this tax estimate.

Please fill in the details to see your results. Follow the three steps on the left, then save a sale here.

New York tax on real estate

New York generally taxes real estate gains under its graduated income-tax framework (Graduated income tax (top rate up to 10.9%)). This estimate applies the top modeled New York rate to remaining taxable gain.

Federal rules for real estate: Primary-residence sales may use IRC Section 121 ($250,000 / $500,000). Investment property may use a 1031 planning deferral and can include unrecaptured Section 1250 depreciation. This estimate is not Form 8824. Holding period still matters for LTCG vs STCG except where a longer QSBS or real-estate test applies.

Open the parent New York calculator for a generic sale, or the national Real estate lander for asset-only copy. Nearby states below keep the same real estate preset so you can compare residency. Estimates are not tax advice.

This real-estate illustration is an investment property, so Section 121 does not apply. Depreciation recapture and a 1031 preview are separate from this three-row gain table. The table is not Form 8824.

New York’s model taxes capital gains as ordinary income on a graduated scale with a top rate up to 10.9%. There is no separate state long-term capital-gains bracket in this estimate.

New York City’s local income tax is not itemized as its own line. A city resident can owe more than the state figure shown here. The page assumes New York State residency for the state tax.

Rates last verified: August 2026. Official source: https://www.tax.ny.gov/.

New York calculator Real estate (all states)U.S. Capital Gains Tax Calculator Section 121 1031 exchange

Illustrated tax on a long-term gain

Real estate held long enough for long-term treatment in New York. Investment real estate does not use Section 121 in this table. QSBS uses a more-than-five-year hold.

Gain	Federal	NIIT	New York	Texas state tax
$25,000.00	$3,750.00	$0.00	$2,725.00	$0.00
$100,000.00	$15,000.00	$0.00	$10,900.00	$0.00
$250,000.00	$37,500.00	$4,940.00	$27,250.00	$0.00

Single filer, tax year 2026, $80,000.00 of other taxable income. Texas is the no-tax comparison. Illustration only, not your return.

FAQ

New York Real estate FAQs

How does New York tax real estate capital gains?

Does New York follow Section 121 or 1031 automatically?

This calculator models federal Section 121 on a qualifying home sale and a 1031 planning path for investment property. New York conformity can differ from federal law. Confirm New York home-sale and like-kind rules before you close.

Which IRS forms apply to a New York real estate sale?

Plan around closing statements, Form 8949, Schedule D, and Form 8824 if you complete a 1031. New York may require its own income-tax return when the state line is not $0. NIIT, if any, is computed on Form 8960.

Does New York tax real estate gains if I am a part-year resident?

This page assumes full-year New York residency and applies graduated income tax (top rate up to 10.9%) to taxable real estate gain. Part-year allocation and nonresident sourcing are not modeled — use New York instructions or a CPA.

What does the New York Real estate illustration assume?

The New York Real estate rows use a single filer with $80,000 of other income and a long-term gain in 2026. This real-estate illustration is an investment property, so Section 121 does not apply. Depreciation recapture and a 1031 preview are separate from this three-row gain table. The table is not Form 8824. Texas is the no-tax comparison, not a second residency.