California Capital Gains Tax in 2023: The Ultimate Guide (2024)

This article discusses California capital gains tax in 2023, its rates, how its levied, and some tips to reduce your taxes legally.

The US is among the countries with the highest tax rates. Not only that, it’s one of the only two countries that impose citizenship-based taxation, meaning wherever you go or whatever you do, you will need to report your assets back to the US and typically pay taxes on them.

Moreover, as a US person, you’re subjected to taxes at the federal and state level. Some states are more tax-lenient than others, but California isn’t one of those.

Read this article if you want information about California’s capital gains taxes and how they’re levied. However, if you’re sick of annually rising tax rates, the government’s obsession with taxing the rich, and giving half your income away in tax money, Nomad Capitalist can help you.

We advise HNWI clients on acquiring personal and financial freedom through our holistic strategies. If you’ve had enough we’ll show you how can legally reduce your tax bill to zero or single digits. Yes, it’s possible. Don’t let anyone tell you otherwise. Contact us today to discover how.

California Capital Gains Tax in 2023: The Ultimate Guide (1)

California – State Overview

California is a US state along the Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, the Mexican state of Baja California to the south, and has a coastline along the Pacific Ocean to the west.

With a population of 39,538,223, it is the most populous US state and the third-largest by area. The state’s capital is Sacramento, while Los Angeles is the most populous city. California’s economy is the largest state economy in the US. The state boasts diverse terrain and famous attractions like the Hollywood sign and the Golden Gate bridge.

What is Capital Gains Tax?

Capital gains tax is a tax levied on the profit from the sale of an investment. Capital gains tax can be levied on the sale of stocks, real estate, precious metals, etc.

In essence, capital gains tax is levied on the money earned of investment profits rather than wages/salary. That’s why they’re a different category than income taxes.

The US imposes federal capital gains taxes. In addition, based on the US state where you live or work, you can also be subjected to a state capital gain tax.

Short-Term vs. Long-Term Capital Gains Tax

Typically, capital gains are divided into two categories – long-term capital gains and short-term capital gains. You may be subjected to different capital gains tax rates based on how long you hold your assets.

  • Long-term Capital Gains Tax: Long-term capital gains taxes are levied on profits from the sale of an asset held for more than a year.
  • Short-term Capital Gains Tax: Short-term capital gains taxes are levied on profits from the sale of an asset typically held for less than a year.

Your taxable income and filing status may influence your capital gains tax rate.

California Capital Gains Tax in 2023: The Ultimate Guide (2)

California Capital Gains Tax Rates in 2023

Each state has its own system and tax brackets regarding capital gains. Some states may levy a flat tax on a capital gain, while some may not impose it at all.

The federal government imposes different tax rates depending on whether the assets were held long-term or short-term.

The US federal government taxes short-term gains as regular income. Based on your taxable income, you may be liable to pay over 20% in taxes for assets held for less than a year.

However, the federal capital gains tax for long-term capital gains is lesser than ordinary income tax rates. Some states also follow this scheme.

California is unlike the federal government in this regard. California taxes capital gains as income and makes no distinction between short or long-term gains. This means the California capital gains tax rates are similar to the California income tax rates.

California has nine tax brackets – 1%, 2%, 4%, 6%, 8%, 9.3%, 10.3%, 11.3% and 12.3%.

A single filer can expect to pay 12.3% on capital gains over $599,013, while a married couple filing jointly can expect to pay 12.3% on capital gains over $1,198,025.

Alternatively, single filers can expect to pay 1% on capital gains between $0 to $8,932, while a married couple filing jointly can expect to pay 1% on capital gains between $0 to $17,864.

How to Calculate Capital Gains Tax In California

Californian taxpayers can use the following formula to calculate their capital gains taxes.

  1. Write down your sale price.
  2. Deduct selling expenses.
  3. Write down your purchase price.
  4. Calculate your basis: Deduct your purchase price from the sale price.
  5. Calculate deductible depreciation.
  6. When you deduct depreciation from the basis, you’ll get your gains.
  7. Once you have your gains, multiply that by the California income tax rate.

How to Legally Reduce Your California Capital Gains Tax

Californian tax code may not offer much leeway regarding capital gains depending on how long they’re held, but it’s not devoid of tax exclusions.

You may be eligible for the capital gains real estate tax exemption if you own residential real estate (used as a primary residence).

Taking advantage of the real estate tax exemption, a single taxpayer can save up to $250,000, while married couples or registered domestic partners can save up to $500,000.

To qualify, you must fulfill the following eligibility criteria:

  • You must have lived in the home for two of the five years before the sale.
  • The profit from the house sale must net less than $250,000.
  • You must not have claimed the exclusion in the past two years.

According to the Franchise Tax Board of California, the exclusion applies to a house, houseboat, condominium, mobile home, trailer, or co-op apartment.

In particular cases, like the following, you may be eligible for a partial exemption if you could not live in the house for two years because:

  • You had a medical condition.
  • There was a death in the family.
  • You needed to move because of your employment.

Moreover, you don’t pay capital gains taxes in California if you sell your home at a loss.

California Capital Gains Tax in 2023: The Ultimate Guide (3)

Choose Your Own Tax Rate

Sounds too good to be true? For some people (our clients), this is a reality.

Although there are US states (nine to be exact) that levy no state capital gains tax, you never need to feel that you can only go to nine places to reduce your taxes legally. You should go where you’re treated best. Sometimes, that can be another state. However, you’ll often discover that countries worldwide have far better and more exciting solutions to your tax problems.

With one additional residency or passport in your portfolio, you can conquer your taxes and choose to pay taxes wherever you want. Note, however, that as long as you’re a US citizen, you can’t get rid of US taxes without renouncing your citizenship, but you can certainly reduce them to a great deal.

Want to know how that can be done? Set up a call with us today, and let us help you go where you’re treated best.

California Capital Gains Tax in 2023: The Ultimate Guide FAQ

Does California have capital gains tax?

Yes, California levies capital gains tax at progressive rates, similar to the state income tax brackets and rates.

Which states have no capital gains tax?

There are nine states that levy no state capital gains tax – Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. Federal capital gains tax still applies.

Does California offer any exemption on the capital gains tax?

Yes, you can qualify for a tax exemption up to $250,000 (as a single filer) or up to $500,000 (as a married couple) on real estate capital gains if you fulfill the following significant conditions (among other requirements):
It must be a primary residence.
You must have lived in the home for two of the five years before the sale.
The profit from the house sale must net less than $250,000.
You must not have claimed the exclusion in the past two years.

California Capital Gains Tax in 2023: The Ultimate Guide (2024)

FAQs

California Capital Gains Tax in 2023: The Ultimate Guide? ›

California has nine tax brackets – 1%, 2%, 4%, 6%, 8%, 9.3%, 10.3%, 11.3% and 12.3%. A single filer can expect to pay 12.3% on capital gains over $599,013, while a married couple filing jointly can expect to pay 12.3% on capital gains over $1,198,025.

What is the California capital gains tax rate for 2023? ›

The greater the amount, the greater the risk of being pushed into California's highest tax bracket of 13.3%. Therefore, the worst case, for high profits (or high earners) in California, capital gains taxes are up to 37.1%. That's over a full one-third of the gain, out the window, in taxes.

How to calculate California capital gains tax? ›

Calculate the Capital Gain: Once you've determined the sale price and the cost basis, subtract the cost basis from the sale price to calculate the capital gain. Apply the Appropriate Tax Rate: In California, long-term capital gains are taxed at different rates than short-term capital gains.

How to calculate capital gains tax 2023? ›

In simple terms, the capital gains tax is calculated by taking the total sale price of an asset and deducting the original cost. It is important to note that taxes are only due when you sell the asset, not during the period where you hold it.

Do I have to pay capital gains tax in California if I sell my house? ›

In California, capital gains from the sale of a house are taxed by both the state and federal governments. The state tax rate varies from 1% to 13.3% based on your tax bracket. The federal tax rate depends on whether the gains are short-term (taxed as ordinary income) or long-term (based on the tax bracket).

How do you calculate the correct capital gains calculation? ›

Identify the correct capital gain calculation. Basis - Sales Price + Selling Costs = Gain/Loss. Sales Price - Basis - Selling Costs = Gain/Loss .

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

How to avoid capital gains tax over 65? ›

Utilize Tax-Advantaged Accounts: Tax-advantaged retirement accounts, such as 401(k)s, Charitable Remainder Trusts, or IRAs, can help seniors reduce their capital gains taxes. Money invested in these accounts grows tax-free, and withdrawals are not taxed until they are taken out in retirement.

Do I have to pay capital gains tax immediately? ›

It is generally paid when your taxes are filed for the given tax year, not immediately upon selling an asset. Working with a financial advisor can help optimize your investment portfolio to minimize capital gains tax.

Is capital gains rate based on AGI or taxable income? ›

Long-term capital gains are taxed at a special rate of either 0%, 15%, or 20%, depending on your taxable income. Most people pay either 0% or 15%.

What is a simple trick for avoiding capital gains tax? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

Are there any loopholes for capital gains tax? ›

Second, capital gains taxes on accrued capital gains are forgiven if the asset holder dies—the so-called “Angel of Death” loophole. The basis of an asset left to an heir is “stepped up” to the asset's current value.

How do I calculate capital gains on sale of property in California? ›

As with other assets such as stocks, capital gains on a home are equal to the difference between the sale price and the seller's basis. Your basis in your home is what you paid for it, plus closing costs and non-decorative investments you made in the property, like a new roof.

Does California have an over 55 home sale exemption? ›

California offers Seniors the Property Tax Postponement Program as well as the Intra-County/Inter-County transfer of base year value to replacement primary residence for persons at least 55 years of age.

What is the sales tax rate in California 2023? ›

The statewide tax rate is 7.25%.

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