New York capital gains tax (2026)
Northeast · Taxed as ordinary income · combined top long-term 34.7%
In New York, the effective top rate on long-term capital gains is about 10.9%. 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 34.7% - ranking #2 of 51 states. Taxes capital gains as ordinary income; state top rate 10.9%. New York City residents pay an additional city income tax of up to ~3.876%. 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 York taxes capital gains
Taxes capital gains as ordinary income; state top rate 10.9%. New York City residents pay an additional city income tax of up to ~3.876%.
| Component | Rate |
|---|---|
| Federal long-term rate (top) | 20% |
| Net Investment Income Tax (NIIT) | 3.8% |
| Federal subtotal (top long-term) | 23.8% |
| New York effective top long-term rate | 10.9% |
| Combined top long-term rate | 34.7% |
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 York figure is the effective top long-term rate.
Worked example
On a $100,000 long-term gain for a top-bracket investor in New York: the state takes roughly 10.9% (about $10,900), federal long-term tax is $20,000, and the 3.8% NIIT adds $3,800 - a combined estimate near $34,700, an effective rate close to 34.7%. Lower-income filers pay less federally (15% or 0%).
Estimate only. Use the calculator with your own numbers.
How New York ranks
| Measure | New York | Rank (1 = highest) |
|---|---|---|
| Combined top long-term rate | 34.7% | #2 of 51 |
| State effective top long-term rate | 10.9% |
States with a similar capital gains burden
| State | State treatment | Combined top long-term rate |
|---|---|---|
| New York (this state) | Taxed as ordinary income | 34.7% |
| New Jersey | Taxed as ordinary income | 34.55% |
| District of Columbia | Taxed as ordinary income | 34.55% |
| Oregon | Taxed as ordinary income | 33.7% |
| Minnesota | Taxed as ordinary income | 33.65% |
| California | Taxed as ordinary income | 37.1% |
Frequently asked questions
Does New York tax capital gains?
Yes. Taxes capital gains as ordinary income; state top rate 10.9%. New York City residents pay an additional city income tax of up to ~3.876%. 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 York in 2026?
New York's effective top rate on long-term capital gains is about 10.9%. Combined with the top federal long-term rate of 23.8%, the illustrative combined top rate is 34.7% - the top-bracket case, not what most filers pay.
How does New York compare with other states on capital gains?
On the illustrative combined top long-term rate, New York ranks #2 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 York?
Generally short-term gains are taxed as ordinary New York 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 York treatment from Tax Foundation, 2026 state income tax rates and the state revenue department (find New York'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