The short answer
The federal layers are identical in all three states; the state layer is not. On the hypothetical $800,000 gain below, a California couple adds $79,555 of state tax because California taxes capital gains as ordinary income, while Texas and Florida residents add nothing because neither state taxes individual income. California also withholds 3 1/3% of the price at closing on a taxable sale and, if you exchange into property outside the state, tracks the deferred gain every year on Form FTB 3840. Florida charges documentary stamp tax on the deed either way. Each state's page has the full rules.
At a glance
| California rate on gains | Ordinary rates to 12.3%, plus 1% on taxable income over $1,000,000 |
|---|---|
| California withholding | 3 1/3% of the sales price on Form 593, or 12.3% of estimated gain for individuals |
| California and exchanges | Exempt from withholding; intermediary withholds on boot over $1,500 |
| California claw-back | FTB 3840 every year after exchanging into out-of-state property |
| Texas | Constitution bars an individual income tax and a capital gains tax |
| Florida | Constitution bars a tax on residents' personal income |
| Florida deed tax | $0.70 per $100 of consideration; exchanges are not exempt |
| Federal layers | Same in every state: 25% depreciation cap, 15% or 20%, 3.8% NIIT |
One sale, three states: the federal bill is $200,679 in each
Hypothetical: a couple filing jointly sells a rental for $1,575,000 and pays $75,000 of costs, so the amount realized is $1,500,000. Adjusted basis is $700,000 after $300,000 of depreciation, so the gain is $800,000. Their other taxable income is $250,000, they live in the state where the property sits, and for simplicity MAGI and state taxable income equal federal taxable income.
Under section 1(h) and the 2026 brackets in Rev. Proc. 2025-32, the $300,000 depreciation layer costs $73,464: part falls in the 24% bracket and the rest at the 25% cap. The remaining $500,000 is taxed $9,555 at 15% and $87,260 at 20%. Net investment income tax adds $30,400. Federal total: $200,679.
That number does not change by state. What changes is the state's own tax on the gain, what it withholds at closing, what it charges on the deed, and whether it keeps a claim on gain you defer. Run your own numbers with your CPA.
California adds $79,555 because it taxes the gain as ordinary income
California has no capital gains rate. Using the 2025 California tax rate schedules, the latest the Franchise Tax Board has published, joint taxable income rising from $250,000 to $1,050,000 adds $79,055, with the top slice taxed at 11.3%. The Behavioral Health Services Tax, the renamed 1% tax on taxable income over $1,000,000, adds $500. The California total is $280,234 federal and state combined, about 35% of the gain.
At closing, the Form 593 instructions require withholding of 3 1/3% of the sales price, here $52,448, unless an exemption applies or the seller elects the alternative calculation of 12.3% of estimated gain for individuals. Withholding is a prepayment credited on the return, not an extra tax.
The county documentary transfer tax under Revenue and Taxation Code section 11911 is $0.55 per $500, about $1,733 here, and some cities add their own; see California city transfer taxes.
Texas and Florida add no income tax, but Florida still taxes the deed
Article VIII, section 24-a of the Texas Constitution bars a tax on individuals' net incomes, section 24-b bars a tax on individuals' realized or unrealized capital gains, and section 29 bars a new transfer tax on conveyances of fee simple title. The Texas couple's bill is the $200,679 federal amount. Entities can still owe franchise tax; the Texas page covers it.
Article VII, section 5 of the Florida Constitution bars a state tax on the income of natural persons who are residents, so the Florida couple also owes only the federal $200,679 on the gain.
Florida's cost sits on the deed. Section 201.02 imposes 70 cents per $100 of consideration, about $11,025 on a $1,575,000 deed, and the Department of Revenue lists the exchange of property as consideration and makes all parties liable regardless of who agrees to pay. An exchange does not remove it; Florida doc stamps and the 1031 has the detail.
- California: $200,679 federal plus $79,555 state = $280,234, with $52,448 withheld at closing on a taxable sale.
- Texas: $200,679 federal, no state income tax, no state withholding, no transfer tax.
- Florida: $200,679 federal, no state income tax, about $11,025 of documentary stamp tax on the deed.
An exchange defers California's layer too, but California keeps a claim on it
California follows section 1031 for real property, so the California couple who exchanges defers both the $200,679 federal and $79,555 state layers. Form 593 treats a deferred exchange as exempt at the initial transfer, but the intermediary must withhold if the seller receives more than $1,500 of money or other property, and must withhold 3 1/3% of the sales price if the exchange fails.
If the replacement is outside California, the FTB 3840 instructions require a filing for the year of the exchange and every year after until the California-source deferred gain is recognized. They apply regardless of residence, so a seller who exchanges into Texas property and then moves to Florida still owes California when that gain is finally recognized. The FTB's like-kind exchange page shows that the obligation continues through later exchanges.
For Texas and Florida sellers, the exchange defers only federal tax. Their state question appears later: rents and gain from out-of-state replacement property, including DST property, are usually taxed where the property sits, which DST multi-state tax issues covers.
What to do with these numbers before you list
Price the state layer for the state where the property is and the state where you live; when they differ, both may claim part of the gain, and whether a 1031 defers state capital gains tax explains conformity. In California, budget for withholding on any boot and decide early whether the replacement will be in-state.
In Texas and Florida, the exchange decision is purely federal, which makes the math simpler: compare the $200,679 with what you would keep invested. A Florida seller should still ask who pays the documentary stamp tax under the contract. For withholding rules in other states, see state withholding at closing.
Related questions
Does California have a lower rate for long-term capital gains?
No. California taxes capital gains as ordinary income on its regular rate schedules, with the 1% Behavioral Health Services Tax on taxable income over $1,000,000.
Is California's 3 1/3% withholding an extra tax?
No. It is a prepayment credited against the California tax on your return. If your actual tax is lower, the difference is refunded.
I live in Texas but own a California rental. Which state taxes the sale?
Form 593 withholding applies when California real estate is sold, and Texas has no income tax, so any state tax on the sale is California's. Confirm your California filing obligation with your CPA.
Does a 1031 exchange avoid Florida documentary stamp tax?
No. The Department of Revenue treats an exchange of property as consideration, and the tax is due on the deed whether or not the sale is part of an exchange.
If I exchange California property into a Florida DST, when does the FTB 3840 filing stop?
When the California-source deferred gain is recognized on a California return, typically when the replacement is finally sold for cash. A further like-kind exchange does not end the obligation.
Sources
Checked against these publications on September 30, 2026. Rules and figures change; confirm the current version with your CPA or attorney before you act. This page is general information, not tax or legal advice.
- 26 U.S.C. section 1, including 1(h) capital gains rates
- IRS, Rev. Proc. 2025-32 (2026 inflation-adjusted amounts)
- 26 U.S.C. section 1411, net investment income tax
- Franchise Tax Board, 2025 California Tax Rate Schedules
- Franchise Tax Board, 2025 Form 540 booklet (Behavioral Health Services Tax)
- Franchise Tax Board, 2026 Instructions for Form 593
- Franchise Tax Board, 2025 Instructions for Form FTB 3840
- Franchise Tax Board, Reporting like-kind exchanges
- California Revenue and Taxation Code section 11911
- Texas Constitution, Article VIII sections 24-a, 24-b and 29
- Florida Constitution, Article VII section 5
- Florida Statutes section 201.02
- Florida Department of Revenue, Documentary Stamp Tax
