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Oregon

Oregon conforms to federal Section 1031, so a properly structured like-kind exchange defers both your federal and Oregon capital-gains tax. Oregon generally taxes capital gains as ordinary income at rates up to 9.9%. Oregon also enforces a clawback rule (see below). Oregon has no sales tax but a high income-tax rate.

State tax on capital gains
Up to 9.9%
Federal §1031 conformity
Conforms — exchange defers state tax
Closing withholding
Nonresident seller withholding may apply at closing.
Clawback rule
Yes — deferred gain stays taxable in-state

What to know about exchanging in Oregon

  • Oregon taxes capital gains as ordinary income, with a top marginal rate of about 9.9%.
  • Oregon conforms to federal §1031, so a valid exchange defers state capital-gains tax too.
  • Clawback: if you exchange Oregon property into an out-of-state replacement, Oregon can still tax the originally-deferred gain when you finally sell — with annual state reporting until then.
  • Closing note: Nonresident seller withholding may apply at closing.
Clawback alert

Oregon is a clawback state. If you exchange Oregon property into a replacement property in another state, Oregon preserves its right to tax the originally-deferred gain — and typically requires you to file an annual report tracking that gain until you finally recognize it. Plan for this before exchanging out of state.

Oregon 1031 exchange FAQ

Can you do a 1031 exchange in Oregon?+

Yes. Oregon conforms to federal Section 1031, so a properly structured like-kind exchange defers both your federal and Oregon 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 Oregon?+

Oregon taxes capital gains as ordinary income, with a top marginal rate of about 9.9%. A 1031 exchange defers this state tax along with the federal tax.

Does Oregon have a 1031 exchange clawback rule?+

Yes. Oregon is a clawback state — if you exchange Oregon property into an out-of-state replacement, Oregon preserves its right to tax the originally-deferred gain and generally requires annual reporting until you finally recognize it.

Is there tax withholding when I sell property in Oregon?+

Nonresident seller withholding may apply at closing.

Ready to defer your Oregon 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.