West Virginia conforms to federal Section 1031, so a properly structured like-kind exchange defers both your federal and West Virginia capital-gains tax. West Virginia generally taxes capital gains as ordinary income at rates up to 5.12%.
Yes. West Virginia conforms to federal Section 1031, so a properly structured like-kind exchange defers both your federal and West Virginia capital-gains tax. You still must use a Qualified Intermediary, identify replacement property within 45 days, and close within 180 days.
West Virginia taxes capital gains as ordinary income, with a top marginal rate of about 5.12%. A 1031 exchange defers this state tax along with the federal tax.
No. West Virginia does not impose a 1031 exchange clawback, so it does not separately track deferred gain on out-of-state replacement property.
Nonresident seller withholding may apply at closing.
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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.