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 states

A

C

D

F

G

H

  • Hawaii Conforms to federal 1031

I

  • Idaho Conforms to federal 1031
  • Illinois Conforms to federal 1031
  • Indiana Conforms to federal 1031
  • Iowa Conforms to federal 1031

K

L

M

N

O

  • Ohio Conforms to federal 1031
  • Oklahoma Conforms to federal 1031
  • Oregon Conforms — with clawback

P

R

S

T

U

  • Utah Conforms to federal 1031

V

W

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State-specific 1031 guidance, every week.

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