What is Capital Gains Tax in NY? – NYS Capital Gains Tax


The concept of capital gain falls under the economic bracket, which is defined as a substantial amount of profit procured over a withholding period. It is referred to as a significant increase in terms of the monetary value of investments. It may be defined as a quantifiable property, business, cars, and intangible items such as investment or shares. The concept of capital gain is only applied when the concluding or selling price of the asset is comparatively higher than the original price. If the purchase price surpasses the profit, then it is referred to as a capital loss. Capital gains are often qualified to taxation depending on the rates exemption which may differ between countries. Since capital gains are subjected to taxation, individuals are expected to pay taxes on the increased value of reserves and assets acquired when owners and corporations sell those possessions. The tax is only applied to assets that have been sold and are not applicable to unrealized capital gains. The capital gain is considered realized in economic terms once the assets have been marketed and helped in gaining profit. Taxes apply to capital gains when shares or investments tend to appreciate each year provided they are sold. In our previous article, you can learn how to calculate tax percentage from total. In this article, we will write about capital gains in NY.

What is Capital Gains Tax in NY?

Capital gains tax in New York state is as same as ordinary income tax because New York state does not have a separate long-term capital gains rate. However, New York City has its own local income tax on top of the state tax. New York City income tax rates are 3.078%, 3.762%, 3.819%, and 3.876%.

According to the United States federal law regarding capital gains, tax is only pertinent to capital gains on the total profit secured from the complete set of assets procured for more than a year, labeled as long-term capital gains. The tax bracket’s tax rates are 0%, 15%, or 20%. Short-term capital gains tax is only applied to belongings that have been held for less than a year and are taxed under ordinary income. If you are a United States resident, you must pay federal capital gains taxes accumulated from capital assets investments or sales. If you are a New York resident, you are expected to pay local capital gains taxes and state taxes. The concluding amount of the capital gains taxes will be determined according to the annual income generated and the type of investment (short or long term). The federal government is known to tax capital gains at a relatively lower rate than ordinary income. However, the state’s tax capital gains are similar to the ordinary income rate, including New York.

New York state income tax rates and tax brackets 2021

Tax rate in %Taxable income bracketTax owed in New York state
4$0 to $8,5004% of taxable income
4.5$8,501 to $11,700$340 plus 4.5% of the amount over $8,500
5.25$11,701 to $13,900$484 plus 5.25% of the amount over $11,700
5.9$13,901 to $21,400$600 plus 5.9% of the amount over $13,900
5.97$21,401 to $80,650$1,042 plus 5.97% of the amount over $21,400
6.33$80,651 to $215,400$4,579 plus 6.33% of the amount over $80,650
6.85$215,401 to $1,077,550$13,109 plus 6.85% of the amount over $215,400
9.65$1,077,550 to $5,000,000$72,166 plus 9.65% of the amount over $1,077,550
10.3$5,000,001 to $25,000,000$450,683 plus 10.30% of the amount over $5,000,000
10.9$25,000,001 and up$2,510,683 plus 10.90% of the amount over $25,000,000

As we can see New York state income tax rates are 4%, 4.5%, 5.25%, 5.9%, 5.97%, 6.33%, 6.85%, 9.65%, 10.3% and 10.9%.

If you reside in New York State, you will be required to pay long-term or short-term capital gains taxes similar to ordinary income. New York City residents are also expected to pay city income taxes on the gains. Depending on the total held time for assets which may be a year or less than one year, taxes will be deducted and assessed depending on the time period. Residing in New York City can be expensive as the residents pay capital gains and additional taxes. For an average New York City resident, the average tax rate is around 12.7% for 2017, keeping in view their state and local income taxes. The tax rate is different for single filers and couples filing jointly under joint partners scheme or marriage contract; the resident’s tax rate differs completely.

The state of New York accumulates a bulk of tax revenue by enforcing personal income tax along with the sales tax. This state exercises its constitutional authority to tax from the state constitution. The fundamentals of tax policy may vary from state to state as states enforce taxes to receive monetary funds and to operate state-provided services. Capital gains taxes are a popular form of tax revenue accumulated to stocks, businesses, homes, personal assets, and land parcels.

To be eligible to pay capital gains taxes, your assets and investments must be realized. Profits mentioned on the paper would not be qualified for capital gains taxes; therefore, selling the stock, investments, or personal possession is a prerequisite for capital gains taxes. If you are a resident of Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming, you would not be compelled to pay the capital gain taxes even after selling the stocks. The fortunate residents of these nine states in the US are lucky enough not to pay the capital tax gains. However, you still owe the Internal Revenue Service. California is considered as one of the expensive states of the United States, where the residents have to pay around 12% strict federal tax obligations. The residents are required to return the highest amount of long-term capital gains tax in the country and the second-highest in the world. The residents are expected to pay 13.3% of state tax obligation, which stands next to Denmark, having 42% tax on capital gains.

Oregon follows New York in the list of maximum state and federal combined capital gains. Delaware, New Jersey, and Vermont are next on the list where the residents must pay 30.4% of the capital gains tax. Maryland and Maine will require more than 30% of the capital gains tax. In addition to that, Idaho, Minnesota, and North Carolina require their residents to pay less than 30% off the total capital gains tax. This proves that each US state has a different set of regulations and enforcement rules for capital gains taxation. Your permanent address dictates and analyzes the total amount of capital gains taxes that need to be paid to the government. So it is essential to comprehend the state policies and city taxing authorities to figure out the total federal taxes you owe to the state.

If you are apprehensive about the accumulated capital tax gain, you can follow certain protocols to minimize capital gains tax. As owners of particular investments, you can invest for a prolonged period, allowing you to pay the lowest capital gains tax rate. You can also get involved in tax-deferred retirement plans that can easily allow you to invest your savings through a reliable retirement plan, including 401(k). This will allow your savings to multiply without being scrutinized for instant taxes. You can also hold your investments and maintain them for over a year before selling them. In a nutshell, it is imperative to choose the right kind of investment before analyzing the consequences. Investors also need to figure out the right kind of strategy and apt timing to buy and sell.

Daniel Smith

Daniel Smith

Daniel Smith is an experienced economist and financial analyst from Utah. He has been in finance for nearly two decades, having worked as a senior analyst for Wells Fargo Bank for 19 years. After leaving Wells Fargo Bank in 2014, Daniel began a career as a finance consultant, advising companies and individuals on economic policy, labor relations, and financial management. At Promtfinance.com, Daniel writes about personal finance topics, value estimation, budgeting strategies, retirement planning, and portfolio diversification. Read more on Daniel Smith's biography page. Contact Daniel: daniel@promtfinance.com

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