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The High Burden of State and Federal Capital Gains Tax Rates in the United States

9 min readBy: Kyle Pomerleau

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Key Findings

  • The average combined federal, state, and local top marginal tax rateThe marginal tax rate is the amount of additional tax paid for every additional dollar earned as income. The average tax rate is the total tax paid divided by total income earned. A 10 percent marginal tax rate means that 10 cents of every next dollar earned would be taken as tax. on long-term capital gains in the United States is 28.6 percent – 6th highest in the OECD.
  • This is more than 10 percentage points higher than the simple average across industrialized nations of 18.4 percent, and 5 percentage points higher than the weighted average.
  • Nine industrialized countries exempt long-term capital gains from taxation.
  • California has the 3rd highest top marginal capital gains taxA capital gains tax is levied on the profit made from selling an asset and is often in addition to corporate income taxes, frequently resulting in double taxation. These taxes create a bias against saving, leading to a lower level of national income by encouraging present consumption over investment. rate in the industrialized world at 33 percent.
  • The taxation of capital gains places a double-taxA tax is a mandatory payment or charge collected by local, state, and national governments from individuals or businesses to cover the costs of general government services, goods, and activities. on corporate income, increases the cost of capital, and reduces investment in the economy.
  • The President’s FY 2016 budget would increase capital gains tax rates in the United States from 28.6 percent to 32.8, the 5th highest rate in the OECD.


Saving is important to an economy. It leads to higher levels of investment, a larger capital stock, increased worker productivity and wages, and faster economic growth. However, the United States places a heavy tax burden on saving and investment. One way it does this is through a high top marginal tax rate on capital gains.

Currently, the United States’ top marginal tax rate on long-term capital gains income is 23.8 percent. In addition, taxpayers face state and local capital gains tax rates between zero and 13.3 percent. As a result, the average combined top marginal tax rate in the United States is 28.6 percent. This rate exceeds the average top capital gains tax rate of 23.2 percent faced by taxpayers throughout the industrialized world. Furthermore, taxpayers in some states face top tax rates of over 30 percent on capital gains, which is higher than the rates in most industrialized countries.

The recent tax plan released by President Obama would increase the average top marginal income tax rate on capital gains in the United States from 28.6 percent to 32.8, which would be the 5th highest in the industrialized world.

Capital Gains Taxes in the United States

The current federal top marginal tax rate on long-term[1] capital gains in the United States is a total of 23.8 percent (20 percent plus a 3.8 percent tax to fund the Affordable Care Act) for taxpayers with adjusted gross incomes of $200,000 ($250,000 married filing jointly) or more. In addition, states and some localities levy taxes on capital gains income,[2] which range from zero percent in states with no individual income tax, such as Florida, Texas, South Dakota, and Wyoming, to 13.3 percent in California (See Table 1).[3]

An individual who has capital gains income is subject to both federal and state capital gains taxes. Taking into account the federal deductibility of state taxes and the phase-out of itemized deductions,[4] top marginal tax rates on capital gains range from 25 percent[5] in the nine states that do not levy a tax on personal income to 33 percent in California. The average across the United States is 28.6 percent.[6]

The U.S. Tax Rate on Capital Gains is 10 Percentage Points Higher than the OECD Average; California has the 3rd Highest Top Marginal Tax Rate on Capital Gains in the Industrialized World

The United States’ average top marginal tax rate on capital gains of 28.6 percent is the 6th highest rate in the OECD and is more than 10 percentage points higher than the simple average of 18.4 percent across the 34 countries (Table 2).[7] The highest tax rate on capital gains is 42 percent in Denmark. Nine OECD countries do not tax capital gains.[8]

Taxpayers in many states face much higher marginal tax rates on capital gains than taxpayers in most OECD countries (Table 3). Comparing U.S. states with individual countries in the OECD, U.S. states have seven of the top ten capital gains tax rates in the OECD. California, with a top rate of 33 percent, has the third highest capital gains tax rate in the industrialized world. Even taxpayers in states without taxes on capital gains face top rates higher than the OECD average.

The Capital Gains Tax is One of Many Taxes on the Same Dollar

Capital gains taxes represent an additional tax on a dollar of income that has already been taxed multiple times. For example, take an individual who earns a wage and decides to save by purchasing stock. First, when he earns his wage, it is subject to income taxes at the state and federal levels. He then purchases stock and lets his investment grow. However, that growth is smaller than it otherwise would have been due to the corporate income taxA corporate income tax (CIT) is levied by federal and state governments on business profits. Many companies are not subject to the CIT because they are taxed as pass-through businesses, with income reportable under the individual income tax. on the profits of the corporation in which he invested.[9] After ten years, he decides to sell the stock and realize his capital gains. At this point, the gains (the difference between the value of the stock at purchase and the value at sale) are taxed once more by the capital gains tax. The effective capital gains tax rate could be even higher after accounting for inflationInflation is when the general price of goods and services increases across the economy, reducing the purchasing power of a currency and the value of certain assets. The same paycheck covers less goods, services, and bills. It is sometimes referred to as a “hidden tax,” as it leaves taxpayers less well-off due to higher costs and “bracket creep,” while increasing the government’s spending power. ; a significant difference in the value of the stock may be from inflation, not real gains.[10]

A Tax Bias Against Saving

These multiple layers of taxation encourage present consumption over saving. Suppose someone makes $1,000, and it is first taxed at 20 percent through the income tax. This person now has a choice. He can either spend it all today or save it in stocks or bonds and spend it later. If he spends it today and buys a television, he would pay a state or local sales taxA sales tax is levied on retail sales of goods and services and, ideally, should apply to all final consumption with few exemptions. Many governments exempt goods like groceries; base broadening, such as including groceries, could keep rates lower. A sales tax should exempt business-to-business transactions which, when taxed, cause tax pyramiding. . However, if he decides to save it, delaying consumption, he is subject to the multiple layers of taxation discussed previously plus the sales tax when he eventually purchases the television. This lowers the potential rate of return on an investment, which discourages saving. An individual can avoid the multiple layers of taxation on the same dollar if they spend the dollar now instead of later.

Slows Economic Growth

As more people prefer consumption today due to the tax bias against saving, there will be less capital available in the future. For investors, this represents less available capital for factories, machines, and other investment opportunities. Additionally, capital gains taxes create a lock-in effect that reduces the mobility of capital.[11] People are less willing to realize capital gains from one investment in order to move to another when they face a tax on their returns. Funds will be slower to move to better investments, further reducing economic growth.

President Obama’s Fiscal Year 2016 Budget Would Increase Capital Gains Taxes in the United States to over 30 percent

President Obama released his FY 2016 budget, which had a series of tax changes.[12] Among these changes was an increase in the federal top marginal capital gains tax rate from 23.8 percent to 28 percent.[13] Combined with state and local income taxes on capital gains, the average top marginal capital gains tax rate would increase to 32.8 percent. California’s top marginal tax rate would increase from 33 percent to 37.2 percent. Taxpayers in states with no income taxes would still face a top rate of 29.2 percent, a higher marginal rate than what taxpayers face in all OECD countries except for Denmark, France, Finland, Ireland, and Sweden.


The United States currently places a heavy tax burden on saving and investment with its capital gains tax. The U.S.’s top marginal tax rate on capital gains, combined with state rates, far exceeds the average rates faced throughout the industrialized world. Increasing taxes on capital income, as suggested in the president’s recent budget proposal, would further the bias against saving, leading to lower levels of investment and slower economic growth. Lowering taxes on capital gains would have the reverse effect, increasing investment and leading to greater economic growth.

Table 1. Top Marginal Tax Rate on Capital Gains, by U.S. States, 2015 and Under President Obama’s Proposal
Rank State State Rate Combined Rate Rate Under Obama Budget
Source: Tax Foundation, Commerce Clearing House, and Author’s Calculations.
* States either allow a taxpayer to deduct their federal taxes from your state taxable income, have local income taxes, or have special tax treatment of capital gains income.
1 California 13.3% 33.0% 37.2%
2 New York* 8.8% 31.5% 35.7%
3 Oregon 9.9% 31.0% 35.2%
4 Minnesota 9.9% 30.9% 35.1%
5 New Jersey 9.0% 30.4% 34.6%
6 Vermont 9.0% 30.4% 34.6%
7 Maryland* 5.8% 30.3% 34.5%
8 Maine 8.0% 29.8% 34.0%
9 Iowa* 9.0% 29.6% 33.6%
10 Idaho 7.4% 29.4% 33.6%
11 Hawaii* 7.3% 29.4% 33.6%
12 Nebraska 6.8% 29.1% 33.3%
13 Connecticut 6.7% 29.0% 33.2%
14 Delaware 6.6% 29.0% 33.2%
15 West Virginia 6.5% 28.9% 33.1%
16 Georgia 6.0% 28.6% 32.8%
16 Kentucky 6.0% 28.6% 32.8%
16 Missouri 6.0% 28.6% 32.8%
19 Rhode Island 6.0% 28.6% 32.8%
20 North Carolina 5.8% 28.5% 32.7%
20 Virginia 5.8% 28.5% 32.7%
22 Ohio* 5.3% 28.3% 32.5%
23 Wisconsin* 7.7% 28.2% 32.4%
24 Oklahoma 5.3% 28.2% 32.4%
25 Massachusetts 5.2% 28.1% 32.3%
26 Mississippi 5.0% 28.0% 32.2%
26 Utah 5.0% 28.0% 32.2%
28 Arkansas* 7.0% 27.9% 32.1%
28 Montana* 6.9% 27.9% 32.1%
30 Louisiana* 6.0% 27.9% 32.0%
31 Kansas 4.8% 27.9% 32.1%
32 Colorado 4.6% 27.8% 32.0%
33 Indiana* 3.3% 27.8% 32.0%
34 Michigan* 4.3% 27.7% 31.9%
35 Arizona 4.5% 27.7% 31.9%
36 Alabama* 5.0% 27.4% 31.5%
37 South Carolina* 7.0% 27.3% 31.5%
38 Illinois 3.8% 27.2% 31.4%
39 Pennsylvania 3.1% 26.8% 31.0%
40 New Mexico* 4.9% 26.5% 30.7%
41 North Dakota* 3.2% 26.3% 30.5%
42 Alaska 0.0% 25.0% 29.2%
42 Florida 0.0% 25.0% 29.2%
42 Nevada 0.0% 25.0% 29.2%
42 New Hampshire 0.0% 25.0% 29.2%
42 South Dakota 0.0% 25.0% 29.2%
42 Tennessee 0.0% 25.0% 29.2%
42 Texas 0.0% 25.0% 29.2%
42 Washington 0.0% 25.0% 29.2%
42 Wyoming 0.0% 25.0% 29.2%
D.C. 9.0% 30.4% 34.6%
U.S. Average 6.1% 28.6% 32.8%
Table 2. Top Marginal Tax Rate on Capital Gains, by OECD Country, 2015
Rank Country Rate
Source: Ernst and Young and Deloitte Tax Foundation Calculations.
1 Denmark 42.0%
2 France 34.4%
3 Finland 33.0%
3 Ireland 33.0%
5 Sweden 30.0%
6 United States 28.6%
7 Portugal 28.0%
7 United Kingdom 28.0%
9 Norway 27.0%
9 Spain 27.0%
11 Italy 26.0%
12 Austria 25.0%
12 Germany 25.0%
12 Israel 25.0%
12 Slovak Republic 25.0%
16 Australia 24.5%
18 Canada 22.6%
19 Japan 20.3%
20 Estonia 20.0%
20 Chile 20.0%
20 Iceland 20.0%
23 Poland 19.0%
25 Hungary 16.0%
26 Greece 15.0%
27 Mexico 10.0%
28 Belgium 0.0%
28 Czech Republic 0.0%
28 Korea 0.0%
28 Luxembourg 0.0%
28 Netherlands 0.0%
28 New Zealand 0.0%
28 Slovenia 0.0%
28 Switzerland 0.0%
28 Turkey 0.0%
OECD Simple Average 18.4%
OECD Weighted Average 23.2%
Table 3. Top Marginal Tax Rate on Capital Gains, by OECD Nation and U.S. State, 2014
Rank State/Country Rate
Source: Ernst and Young, Deloitte, Tax Foundation, and Author’s Calculations.
1 Denmark 42.0%
2 France 34.4%
3 California 33.0%
4 Finland 33.0%
4 Ireland 33.0%
6 New York 31.5%
7 Oregon 31.0%
8 Minnesota 30.9%
9 New Jersey 30.4%
10 Vermont 30.4%
10 D.C. 30.4%
12 Maryland 30.3%
13 Sweden 30.0%
14 Maine 29.8%
15 Iowa* 29.6%
16 Idaho 29.4%
17 Hawaii 29.4%
18 Nebraska 29.1%
19 Connecticut 29.0%
20 Delaware 29.0%
21 West Virginia 28.9%
22 United States 28.6%
23 Georgia 28.6%
23 Kentucky 28.6%
23 Missouri 28.6%
26 Rhode Island 28.6%
27 North Carolina 28.5%
27 Virginia 28.5%
29 Ohio* 28.3%
30 Wisconsin* 28.2%
31 Oklahoma 28.2%
32 Massachusetts 28.1%
33 Portugal 28.0%
33 United Kingdom 28.0%
35 Mississippi 28.0%
35 Utah 28.0%
37 Arkansas 27.9%
37 Montana 27.9%
39 Louisiana 27.9%
40 Kansas 27.9%
41 Colorado 27.8%
42 Indiana 27.8%
43 Michigan 27.7%
44 Arizona 27.7%
45 Alabama 27.4%
46 South Carolina 27.3%
47 Illinois 27.2%
48 Norway 27.0%
48 Spain 27.0%
50 Pennsylvania 26.8%
51 New Mexico 26.5%
52 North Dakota 26.3%
53 Italy 26.0%
54 Austria 25.0%
54 Germany 25.0%
54 Israel 25.0%
54 Slovak Republic 25.0%
58 Alaska 25.0%
58 Florida 25.0%
58 Nevada 25.0%
58 New Hampshire 25.0%
58 South Dakota 25.0%
58 Tennessee 25.0%
58 Texas 25.0%
58 Washington 25.0%
58 Wyoming 25.0%
67 Australia 24.5%
68 Canada 22.6%
69 Japan 20.3%
70 Estonia 20.0%
70 Chile 20.0%
70 Iceland 20.0%
73 Poland 19.0%
74 Hungary 16.0%
75 Greece 15.0%
76 Mexico 10.0%
77 Belgium 0.0%
77 Czech Republic 0.0%
77 Korea 0.0%
77 Luxembourg 0.0%
77 Netherlands 0.0%
77 New Zealand 0.0%
77 Slovenia 0.0%
77 Switzerland 0.0%
77 Turkey 0.0%
OECD Simple Average 18.4%

[1] Assets held for more than one year.

[2] Most states tax capital gains as ordinary income.

[3] Tax Foundation, Facts and Figures 2014: How Does Your State Compare? (Mar. 2014), See also Commerce Clearing House Intelliconnect Database.

[4] The Pease limitation on Itemized DeductionItemized deductions allow individuals to subtract designated expenses from their taxable income and can be claimed in lieu of the standard deduction. Itemized deductions include those for state and local taxes, charitable contributions, and mortgage interest. An estimated 13.7 percent of filers itemized in 2019, most being high-income taxpayers. s reduces many deductions by 3 percent for taxpayers with adjusted gross incomeFor individuals, gross income is the total pre-tax earnings from wages, tips, investments, interest, and other forms of income and is also referred to as “gross pay.” For businesses, gross income is total revenue minus cost of goods sold and is also known as “gross profit” or “gross margin.” exceeding $250,000 ($300,000 married filing jointly).

[5] Assuming individuals facing the top marginal rate have itemized deductions against which the Pease Limitation is applied

[6] The U.S. average is the combined federal, state and local rates on capital gains, taking into account Pease Limitation and state/federal deductibility of income taxes weighted by capital gains income in each state. Capital gains income data from Internal Revenue Service, Statistics on Income, Historic Table 2,—Historic-Table-2.

[7] Ernst & Young, 2013-2014 Worldwide Personal Tax Guide,—Country-list. See also Deloitte, Deloitte International Tax Source, Country Guides and Highlights,

[8] Given that certain requirements are met.

[9] For an explanation of integrated tax rates on capital gains, see Robert Carroll & Gerald Prante, Corporate Dividend and Capital Gains Taxation: A comparison of the United States to other developed nations, Ernst & Young LLP (Feb. 2012),

[10] John L. Aldridge and Kyle Pomerleau, Inflation Can Cause an Infinite Effective Tax Rate on Capital Gains, Tax Foundation Fiscal Fact No. 406,

[11] Bruce Bartlett, The Case for Ending the Capital Gains Tax, 41 Financial Analysts Journal 22-30 (June-July 1985).

[12] Andrew Lundeen, Proposed Tax Changes in President Obama’s Fiscal Year 2016 Budget, Tax Foundation Tax Policy Blog (Feb. 11, 2015),

[13] A top rate of 24.2 plus the 3.8 percent Net Investment Income Tax.