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1031 exchange rules · Missouri

1031 Exchange in Missouri: No State Capital Gains Tax, No Transfer Tax

Missouri 1031 exchange guide: the 2025 law exempting individuals' capital gains from state tax, what stays taxable and the constitutional ban on transfer taxes.

By Breakwater Exchange · Reviewed by our 1031 advisory team · Last reviewed

The short answer

For an individual selling Missouri investment property, a 1031 exchange is now almost entirely about federal tax: House Bill 594 (2025) lets individuals subtract 100% of income reported as capital gain on the federal return when computing Missouri adjusted gross income, for tax years beginning January 1, 2025. Missouri conforms to the federal deferral, has no closing withholding, no claw-back and, by constitutional command, no real estate transfer tax. The exchange still defers federal capital gains tax, depreciation recapture and the net investment income tax, and Missouri's 4.7% top rate still reaches any part of the sale that federal law treats as ordinary income.

Missouri at a glance

State tax on real estate capital gainIndividuals subtract 100% of federal capital gain from Missouri AGI, tax years from 2025
Top income tax rate4.7% for tax years 2025 and 2026; still applies to ordinary income such as rent
Corporate capital gainsExempt only from the year after the top individual rate reaches 4.5%
Closing withholdingNone; nonresidents prorate on Form MO-NRI
Transfer taxNone; Mo. Const. art. X, § 25 (2010) bars any new tax on real estate transfers
Property tax assessmentResidential 19%, agricultural 12%, commercial 32% of true value (RSMo 137.115)
ReassessmentEvery odd-numbered year statewide, not on sale
Claw-back on out-of-state replacementNone

Missouri stopped taxing individuals' capital gains in 2025, so the exchange defers federal tax

House Bill 594, signed in 2025, added RSMo 143.121.3(14): for tax years that begin on or after January 1, 2025, an individual subtracts 100% of all income reported as a capital gain for federal income tax purposes in arriving at Missouri adjusted gross income. The Department of Revenue describes Missouri as the first state to fully exempt individuals' capital gains.

For a St. Louis landlord or a Boone County farm owner that means a taxable sale in 2026 produces federal capital gains tax but, generally, no Missouri income tax on the capital-gain portion. The state's 4.7% rate has not gone away; it simply no longer reaches income that the federal return labels capital gain.

A 1031 exchange therefore earns its keep at the federal level, deferring federal capital gains tax, the tax on depreciation recapture and the net investment income tax. The overview of how the exchange works covers those federal pieces; this page covers what is left for Missouri.

Missouri starts from federal AGI, and even condemnation gain gets its own subtraction

RSMo 143.121 builds Missouri adjusted gross income by adding to and subtracting from federal adjusted gross income. Gain deferred in a qualifying exchange is not in federal AGI, so it is never in Missouri AGI; there is no Missouri election, schedule or add-back for a like-kind exchange.

Missouri goes one step further than most states on forced sales. Subsection 6 of the same statute subtracts any gain recognized under IRC section 1033 from the compulsory or involuntary conversion of property by condemnation or its imminence, so a landlord whose building is taken by eminent domain owes no Missouri tax on that gain even if the federal replacement rules are not met.

The 2025 capital-gains subtraction sits in the same list, at subsection 3(14). Reading the two together, an individual's recognized real estate gain in Missouri is now taxed by the state only to the extent federal law treats it as ordinary income.

What the Missouri subtraction covers, and what it leaves taxable

The subtraction is keyed to the federal label. Amounts reported as capital gain, long-term or short-term, come out of Missouri AGI. Amounts the federal return treats as ordinary income stay in: rent collected before closing, and any depreciation recapture that federal law taxes as ordinary income rather than as capital gain.

Two other limits matter for investors. The subtraction belongs to individuals taxed under RSMo 143.011; a C corporation gets it only from the tax year after the top individual rate falls to 4.5% or lower, which had not happened for 2025 when the rate was 4.7%. And the subtraction is a Missouri AGI modification, so a nonresident still computes tax as if a resident and prorates by the Missouri income percentage on Form MO-NRI.

Because so much depends on how the federal Form 4797 and Schedule D characterize the sale, have your CPA run the Missouri return both ways before deciding whether to exchange or sell.

Article X, Section 25: Missouri cannot tax the deed, and never has

Missouri has no state real estate transfer tax, and since November 2, 2010 it cannot adopt one: Article X, Section 25 of the Missouri Constitution, adopted by voters as Amendment 3, prevents the state, counties and other political subdivisions from imposing any new tax, including a sales tax, on the sale or transfer of homes or any other real estate.

The only cost of the deed to your buyer is the recorder's fee. That holds whether the money is wired to you or to your qualified intermediary, and it means a Missouri seller weighing a deeded replacement in Kansas City against a DST has no transfer-tax line to compare.

Property tax: 19%, 12% and 32% ratios, reset in odd-numbered years rather than on sale

Missouri assessors value real property as of January 1 of each odd-numbered year and carry that value into the even year (RSMo 137.115.1). A sale does not trigger a reassessment; the buyer of your rental inherits your assessed value until the next odd-year cycle.

The bill depends on the subclass. Residential property is assessed at 19% of true value, agricultural and horticultural property at 12% and all other real property, including commercial and industrial, at 32% (RSMo 137.115.5). A four-unit building in Springfield is residential at 19%; the retail building next door is at 32% of its value.

For farmland the 12% ratio applies to the land and improvements used for agricultural purposes, and because Missouri now exempts an individual's capital gain, a farm sale in 2026 carries federal tax but generally no state income tax on the gain.

Nonresidents: no withholding at closing, and Form MO-NRI does the proration

Missouri has no statute requiring withholding from a nonresident seller's proceeds, so the closing agent pays the full amount to you or to the intermediary. A nonresident with Missouri-source income files Form MO-1040 with Form MO-NRI, computing tax as a full-year resident on the federal figures and then applying the Missouri income percentage.

With the capital-gain subtraction in place, a nonresident's taxable Missouri income from a 2026 sale is generally limited to the ordinary-income pieces. A completed exchange removes even those gain-related items from the year, and Missouri keeps no record of deferred gain that moves to property elsewhere; there is no claw-back.

Replacement property

DST replacement property when Missouri no longer taxes the gain

A Missouri seller who exchanges into a Delaware Statutory Trust gets the federal deferral the exchange is designed for, and on the Missouri side the choice is simple because the state no longer taxes an individual's capital gain: whether the DST sells in five years or ten, the gain is federally deferred until then and, under current Missouri law, subtracted on the Missouri return when it is recognized.

The state-level cost of a DST for a Missouri resident is on the income side. Distributions are taxed by Missouri at up to 4.7% as ordinary income, and states where the DST's properties sit may require nonresident returns; whether Missouri's credit for taxes paid to other states absorbs that is a CPA question worth asking with the sponsor's state allocation in hand.

Missouri law can change, and the corporate subtraction is still waiting on the 4.5% trigger, so an investor holding property in an entity should confirm the current status with the Missouri Department of Revenue before relying on the exemption. A cash-out DST or one of the other investment types may suit a seller who wants part of the proceeds in hand now that Missouri tax is no longer the obstacle.

How a DST works as replacement property

Questions investors ask about 1031 exchanges in Missouri

If Missouri no longer taxes capital gains, why bother with a 1031 exchange?

Because the federal tax remains: capital gains tax, tax on depreciation recapture and the net investment income tax are all deferred by an exchange, while Missouri's exemption only removes the state layer for individuals.

Does Missouri tax the boot I take out of an exchange?

Boot the IRS recognizes is generally reported as capital gain on the federal return, and Missouri lets an individual subtract 100% of federally reported capital gain, so the state layer is generally zero. Any portion characterized federally as ordinary income remains taxable at up to 4.7%.

Does the Missouri capital-gains subtraction cover depreciation recapture?

Only the part federal law reports as capital gain. Recapture that the federal return treats as ordinary income stays in Missouri adjusted gross income and is taxed at up to 4.7%.

Is there any Missouri transfer or deed tax when I sell?

No. Article X, Section 25 of the Missouri Constitution, adopted in 2010, prohibits any new tax on the sale or transfer of real estate, and Missouri had none before it.

Will the sale change the property taxes on my Missouri building?

Not by itself. Missouri reassesses in odd-numbered years, and the buyer inherits the current assessed value at the subclass ratio: 19% residential, 12% agricultural or 32% commercial.

Is anything withheld when a nonresident sells Missouri property?

No. There is no Missouri real estate withholding; a nonresident reports Missouri-source income on Form MO-1040 with the MO-NRI proration.

Does the exemption apply to my LLC or corporation?

Gain that passes through to individual owners is reported on their federal returns as capital gain, so it is generally eligible. A C corporation qualifies only from the tax year after Missouri's top individual rate reaches 4.5% or lower.

Sources

The rules above were checked against these publications on September 18, 2026. Rates and forms change; confirm the current version with your CPA and the Missouri tax agency before you close. This page is general information, not tax or legal advice.

  1. Missouri DOR, 2025 Individual Income Tax Year Changes
  2. Missouri DOR, 2025 Tax Legislative Changes (PDF)
  3. Missouri DOR news release, Missouri; First State to Fully Exempt Capital Gains Tax
  4. RSMo 143.121, Missouri adjusted gross income, subtractions
  5. Missouri Constitution, Article X, Section 25
  6. RSMo 137.115, assessment of real and personal property
  7. Missouri DOR FAQs, Nonresidents and Residents with Other State Income
  8. Tax Foundation, 2026 Missouri Tax Rates, Collections, and Burdens

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