1031 by State
1031 exchange rules, state by state.
Federal Section 1031 applies across the country, but state treatment varies. 4 states (CA, MA, MT, OR) maintain clawback regimes that track deferred gain. 9 states have no state income tax and carry no additional state-level capital gains exposure. The rest conform to federal without a clawback.
Clawback states
States that follow your deferred gain.
If your relinquished property was sourced in one of these states, that state will track the deferred gain and seek to tax it when the replacement property is eventually sold outside a subsequent 1031 exchange — even if you've moved.
No-income-tax states
States with no state-level capital gains tax.
If your replacement property is in one of these states and your relinquished property was sourced in a non-clawback state, your deferred gain escapes state tax entirely. Popular 1031 destination markets.
Headline rates
The painful five and the friendly five.
Approximate top-bracket effective rate on long-term capital gains, including known exclusions (SC's 44%, ND's 40%, etc.). For zero-tax states, see the no-income-tax block above. Rates are directional — see the Pay-the-Tax Calculator for a deal-level estimate.
Highest top rates
| State | Top rate | Note |
|---|---|---|
| California | 13.30% | Clawback regime |
| New York | 10.90% | |
| New Jersey | 10.75% | |
| Oregon | 9.90% | Clawback regime |
| Minnesota | 9.85% |
Lowest top rates (with-tax states)
| State | Top rate | Note |
|---|---|---|
| North Dakota | 1.50% | After LT exclusion |
| Arizona | 2.50% | |
| Louisiana | 3.00% | |
| Indiana | 3.05% | |
| Pennsylvania | 3.07% |
Headline rates only. State withholding regimes (HARPTA, MD MW506AE, NJ GIT/REP-3, etc.) and county-level adders meaningfully change the cash impact at closing. Read the per-state page for the operational reality.
All 50 states
50 statesA
C
- California Conforms — with clawback
- Colorado Conforms to federal 1031
- Connecticut Conforms to federal 1031
D
- Delaware Conforms to federal 1031
F
- Florida No state income tax
G
- Georgia Conforms to federal 1031
H
- Hawaii Conforms to federal 1031
I
L
- Louisiana Conforms to federal 1031
M
- Maine Conforms to federal 1031
- Maryland Conforms to federal 1031
- Massachusetts Conforms — with clawback
- Michigan Conforms to federal 1031
- Minnesota Conforms to federal 1031
- Mississippi Conforms to federal 1031
- Missouri Conforms to federal 1031
- Montana Conforms — with clawback
N
- Nebraska Conforms to federal 1031
- Nevada No state income tax
- New Hampshire No state income tax
- New Jersey Conforms to federal 1031
- New Mexico Conforms to federal 1031
- New York Conforms to federal 1031
- North Carolina Conforms to federal 1031
- North Dakota Conforms to federal 1031
P
- Pennsylvania Conforms to federal 1031
R
- Rhode Island Conforms to federal 1031
S
- South Carolina Conforms to federal 1031
- South Dakota No state income tax
U
- Utah Conforms to federal 1031
W
- Washington No state income tax
- West Virginia Conforms to federal 1031
- Wisconsin Conforms to federal 1031
- Wyoming No state income tax
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