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New York

New York conforms to federal Section 1031, so a properly structured like-kind exchange defers both your federal and New York capital-gains tax. New York generally taxes capital gains as ordinary income at rates up to 10.9%.

State tax on capital gains
Up to 10.9%
Federal §1031 conformity
Conforms — exchange defers state tax
Closing withholding
New York requires nonresident sellers to prepay estimated tax (Form IT-2663) at closing.
Federal deadlines
45 days to identify · 180 days to close

What to know about exchanging in New York

  • New York taxes capital gains as ordinary income, with a top marginal rate of about 10.9%.
  • New York conforms to federal §1031, so a valid exchange defers state capital-gains tax too.
  • Federal timelines apply: 45 days to identify and 180 days to close on the replacement property.
  • Closing note: New York requires nonresident sellers to prepay estimated tax (Form IT-2663) at closing.

New York 1031 exchange FAQ

Can you do a 1031 exchange in New York?+

Yes. New York conforms to federal Section 1031, so a properly structured like-kind exchange defers both your federal and New York capital-gains tax. You still must use a Qualified Intermediary, identify replacement property within 45 days, and close within 180 days.

What is the capital-gains tax rate in New York?+

New York taxes capital gains as ordinary income, with a top marginal rate of about 10.9%. A 1031 exchange defers this state tax along with the federal tax.

Does New York have a 1031 exchange clawback rule?+

No. New York does not impose a 1031 exchange clawback, so it does not separately track deferred gain on out-of-state replacement property.

Is there tax withholding when I sell property in New York?+

New York requires nonresident sellers to prepay estimated tax (Form IT-2663) at closing.

Ready to defer your New York gain?

DeferAlly guides you through a compliant 1031 exchange with $0 in platform fees. Start free and let our AI ally handle the 45- and 180-day clock.

Disclaimer: This page is general education, not tax or legal advice, and reflects commonly-cited 2025 rules. Confirm current rates and requirements with a qualified tax advisor and a Qualified Intermediary before acting.