New Mexico capital gains tax (2026)
West · 40% exclusion · combined top long-term 27.34%
In New Mexico, the effective top rate on long-term capital gains is about 3.54%. Added to the federal top long-term rate of 23.8% (20% plus the 3.8% NIIT), the illustrative combined top long-term rate is 27.34% - ranking #32 of 51 states. Allows a deduction of the greater of $2,500 or 40% of net capital gain (the 40% applies up to $1M of gain on the sale of a New Mexico business), cutting the effective top long-term rate to roughly 3.5%. This is the top-bracket case, not what a typical filer pays, and not tax advice.
Source: Tax Foundation, 2026 state income tax rates. Data as of June 2026.
How New Mexico taxes capital gains
Allows a deduction of the greater of $2,500 or 40% of net capital gain (the 40% applies up to $1M of gain on the sale of a New Mexico business), cutting the effective top long-term rate to roughly 3.5%.
| Component | Rate |
|---|---|
| Federal long-term rate (top) | 20% |
| Net Investment Income Tax (NIIT) | 3.8% |
| Federal subtotal (top long-term) | 23.8% |
| New Mexico effective top long-term rate | 3.54% |
| Combined top long-term rate | 27.34% |
Source: Tax Foundation, 2026 state income tax rates. Data as of June 2026.
The federal subtotal of 23.8% applies only to top-bracket long-term gains; lower-income filers pay 0% or 15% federally. The New Mexico figure is the effective top long-term rate.
Worked example
On a $100,000 long-term gain for a top-bracket investor in New Mexico: the state takes roughly 3.54% (about $3,540), federal long-term tax is $20,000, and the 3.8% NIIT adds $3,800 - a combined estimate near $27,340, an effective rate close to 27.34%. Lower-income filers pay less federally (15% or 0%).
Estimate only. Use the calculator with your own numbers.
How New Mexico ranks
| Measure | New Mexico | Rank (1 = highest) |
|---|---|---|
| Combined top long-term rate | 27.34% | #32 of 51 |
| State effective top long-term rate | 3.54% |
States with a similar capital gains burden
| State | State treatment | Combined top long-term rate |
|---|---|---|
| New Mexico (this state) | 40% exclusion | 27.34% |
| Kentucky | Taxed as ordinary income | 27.3% |
| South Carolina | 44% exclusion | 27.16% |
| Iowa | Taxed as ordinary income | 27.6% |
| North Carolina | Taxed as ordinary income | 27.79% |
| Mississippi | Taxed as ordinary income | 27.8% |
Frequently asked questions
Does New Mexico tax capital gains?
Yes. Allows a deduction of the greater of $2,500 or 40% of net capital gain (the 40% applies up to $1M of gain on the sale of a New Mexico business), cutting the effective top long-term rate to roughly 3.5%. On top of the state tax you also owe federal capital gains tax (0/15/20% long-term) and, for higher earners, the 3.8% NIIT.
What is the capital gains tax rate in New Mexico in 2026?
New Mexico's effective top rate on long-term capital gains is about 3.54%. Combined with the top federal long-term rate of 23.8%, the illustrative combined top rate is 27.34% - the top-bracket case, not what most filers pay.
How does New Mexico compare with other states on capital gains?
On the illustrative combined top long-term rate, New Mexico ranks #32 of 51 (1 = highest). States are compared on their effective top long-term rate plus the federal 23.8% top. See the rankings for the full picture.
Are short-term capital gains taxed differently in New Mexico?
Generally short-term gains are taxed as ordinary New Mexico income (the headline rate), while any state preferential rate or exclusion usually applies only to long-term gains. Federally, short-term gains are ordinary income (up to 37%).
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Sources & accuracy
New Mexico treatment from Tax Foundation, 2026 state income tax rates and the state revenue department (find New Mexico's tax authority). Federal figures from the IRS. Data as of June 2026 for the 2026 tax year. Rates change and special rules have conditions - this is general information, not tax advice. Verify with the official source or a tax professional. See our methodology and disclaimer.
Last updated: 2026-06-21