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Malia Ponder

How does capital gains tax work when moving to a new state mid-year?

Hey everyone, I'm in a bit of a pickle here with my taxes and could use some help. I just moved from Oregon to Colorado about 4 months ago for a new job opportunity. Before moving, I sold some stocks I'd been holding for like 6 years that appreciated quite a bit (around $65k in gains). I didn't really think about the tax implications of selling before moving to a different state. Now I'm worried about how this is going to work with my taxes. Do I have to pay capital gains tax to both states? Oregon has a pretty high state income tax while Colorado's is lower, so I'm wondering if I messed up by selling before the move. Also, does anyone know if I'll need to file part-year resident tax returns for both states? And how do they determine which state gets to tax the capital gains? The whole thing is confusing me and I'm starting to stress about it since tax season is coming up and I want to be prepared.

Kyle Wallace

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You'll need to file part-year resident returns for both states. For capital gains tax, it generally depends on when you sold the assets and your residency status at that time. Since you sold the stocks while still an Oregon resident, Oregon will likely tax the entire capital gain. The good news is that Colorado probably won't double-tax that same income if it was earned while you were an Oregon resident. You'll report your full-year income on both states' returns, but then each state will tax only the income earned while you were a resident of that state. On the Oregon return, you'll pay tax on income earned while living there (including your capital gains). On the Colorado return, you'll only pay tax on income earned after becoming a Colorado resident.

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Ryder Ross

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But what if the stocks were in a company based in Colorado? Does that change anything about where the gains are taxed? Also, do you have to pay the higher rate if you were in the higher-tax state when you sold?

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Kyle Wallace

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The location of the company doesn't matter for state tax purposes - what matters is your state of residency when you realized the gains. Since you sold the stocks while living in Oregon, Oregon has the right to tax those gains regardless of where the company is headquartered. Yes, you would pay the tax rate of the state where you were a resident when you sold the stocks. So in this case, you would pay Oregon's higher tax rate on those capital gains since that's where you lived when you sold them. This is why some people strategically time their asset sales when moving from higher-tax states to lower-tax ones.

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I was in almost the exact same situation last year when I moved from California to Texas. I found this amazing service called taxr.ai (https://taxr.ai) that really saved me from making some costly mistakes with my state taxes and capital gains situation. They analyzed my specific situation - when I sold my rental property right before moving - and explained exactly how California was going to try to tax me and what documentation I needed to establish my new residency in Texas properly. The site has this smart document analyzer that caught things my regular tax software completely missed about my part-year residency situation.

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Henry Delgado

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How does it work with investment accounts? I'm moving from NY to Florida next month and have some stocks I'm planning to sell. Does this service actually give you specific advice or just general info?

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Olivia Kay

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Sounds interesting but I'm skeptical. How is this different from just talking to a regular CPA? I've heard horror stories about AI tax tools giving wrong info that ends up costing people.

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The service analyzes your specific documents and tax situation, not just general advice. For investments, it specifically identified which of my stock sales would be attributed to California versus Texas based on my residency dates, and gave me a detailed breakdown by transaction. It showed me how to properly document my residency change date to minimize my California tax burden. It's different from a regular CPA because it uses AI to review all your documents instantly and spot potential issues specific to state-to-state moves. My CPA actually missed some specific California tax rules that the system caught. It's not replacing human tax advice - it's giving you a thorough analysis of your documents to make sure nothing falls through the cracks, especially with complicated multi-state situations.

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Henry Delgado

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Following up about taxr.ai - I ended up trying it before my move from NY to Florida and wow, it was super helpful! I uploaded my brokerage statements and previous tax returns, and it gave me specific guidance about the EXACT DATE I needed to establish Florida residency to avoid NY tax on some big gains I had. It actually saved me about $13k in state taxes by showing me that I needed to wait just 3 more weeks before selling my Apple shares to have them count as Florida income instead of NY. The document analysis also caught that my 401k rollover timing could have created a part-year resident tax issue I never would have noticed. Definitely worth checking out if you're in a similar situation with multi-state capital gains questions.

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Joshua Hellan

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If you're struggling to get answers from your state tax departments about your specific situation, I'd recommend Claimyr (https://claimyr.com). I was going back and forth between Illinois and Arizona tax departments for months after my move, with each state claiming I owed taxes on the same capital gains. Claimyr got me through to an actual Illinois Department of Revenue agent in about 15 minutes when their published wait time was 3+ hours. They have this cool system shown in their demo video (https://youtu.be/_kiP6q8DX5c) that holds your place in line and calls you when an agent is available. The agent actually gave me the specific form I needed to file to avoid double taxation.

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Jibriel Kohn

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How does that even work? I thought those phone systems were designed specifically to make it impossible to talk to anyone. Is this legit or just another scam?

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Yeah right. I've been trying to reach my state tax department for WEEKS. There's no way this actually works. Even if it does get you through, the IRS agents never know the answers anyway, especially for complicated state-to-state issues.

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Joshua Hellan

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It works by using their system to navigate the phone trees and wait on hold for you. When an actual human agent picks up, you get a call connecting you to them. It's not magic - they're just handling the frustrating waiting part. You're confusing state tax departments with the IRS - they're completely different agencies. State tax departments actually tend to be more helpful with state-specific questions like residency and state capital gains issues. The Colorado agent I spoke with walked me through exactly which forms documented my change of residency, which was crucial for proving when I became a Colorado resident.

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I was totally wrong about Claimyr. After my frustrated comment, I decided to try it anyway because I was desperate to resolve my New York/Florida capital gains mess. Got through to the NY tax department in about 25 minutes when I'd been trying for weeks on my own. The NY tax agent confirmed exactly what I needed to do to prove I was no longer a NY resident when I sold my investment property. They even emailed me the specific form I needed while we were on the phone. Saved me thousands in potential double taxation because Florida doesn't have income tax. Sometimes admitting you were wrong feels pretty good, especially when it saves you money!

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Here's a practical tip: keep DETAILED records of your actual move date. I mean everything - lease termination, new property documents, utility disconnection/connection dates, change of address forms, driver's license update, voter registration change, etc. The higher-tax state often challenges the timing of your move, especially with significant capital gains involved. I learned this the hard way moving from Minnesota to Nevada. Minnesota tried claiming I was still a resident when I sold some Bitcoin because I hadn't updated my driver's license yet. The burden of proof is usually on you to show you were no longer a resident.

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James Johnson

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Does changing your driver's license really matter that much? I kept my old one for like a year after moving states because I was lazy about going to the DMV. Could that have messed up my taxes?

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Yes, it absolutely matters. States look at what they call "domicile factors" to determine your true residency, and your driver's license is one of the most important ones. Others include voter registration, where you bank, where your vehicles are registered, and where you have doctors. If you maintain significant ties to your old state (like keeping your old driver's license), the high-tax state can argue you never truly established domicile in the new state. This is especially true when there's a lot of tax money at stake with capital gains. I've seen cases where people moved from California to Nevada but California successfully claimed they were still California residents for tax purposes because they kept too many ties to California. Always update all your official documents as quickly as possible when moving states.

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Wats the time requirement for establishing residency in a new state? I moved from new york to texas in november 2024 and im selling stocks in january 2025. will new york still try to tax me?

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Kyle Wallace

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It varies by state, but many states like New York have what's called a "statutory residency" test. If you spent more than 183 days in NY during 2024 AND maintained a place of abode there, NY could consider you a resident for the entire year. New York is particularly aggressive about this. If you sold in January 2025, you're probably safer from NY tax, but they might still look at whether you've truly established domicile in Texas. Do you still have significant connections to NY? They look at things like where your primary doctor is, where you vote, where you spend holidays, etc. The mere fact that you moved to a no-income-tax state like Texas will put you at higher risk of scrutiny.

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Melina Haruko

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Just wanted to add another perspective here - I work as a tax preparer and see this situation a lot with clients. One thing that often gets overlooked is that some states have "safe harbor" rules for part-year residents that can actually work in your favor. Since you sold the stocks while still an Oregon resident, Oregon will definitely tax those gains. But here's something to consider: make sure you're taking advantage of any credits for taxes paid to other states. When you file your Colorado return, you should be able to claim a credit for taxes paid to Oregon on the same income, which prevents true double taxation. Also, document everything about your move timeline. Colorado may want to see proof of when you actually established residency there - utility bills, lease agreements, employment start date, etc. This helps establish the clear cutoff date for which state taxes which income. The $65k gain is substantial enough that it's probably worth consulting with a tax professional who specializes in multi-state returns, especially since Oregon and Colorado have different rules about how they treat capital gains.

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This is really helpful advice! I'm curious about those "safe harbor" rules you mentioned - do you know if Oregon has any specific provisions that might help in this situation? Also, when you say "taxes paid to other states," does that credit apply even if Colorado ends up not taxing those gains at all since they were earned while living in Oregon? I'm trying to understand if there could be any scenario where you actually benefit from the timing of the move and sale.

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Ravi Sharma

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Great question about Oregon's safe harbor rules! Oregon generally follows the principle that you're taxed based on your residency status when income is earned or realized. Since the capital gains were realized while you were still an Oregon resident, Oregon gets to tax them at their rates. Regarding the credit for taxes paid to other states - you're right to question this. If Colorado doesn't tax those gains at all (because they were earned while you were an Oregon resident), then there wouldn't be any Colorado taxes to claim as a credit. The credit only works when both states are trying to tax the same income. However, there could be a timing benefit depending on Oregon vs Colorado's capital gains treatment. Oregon taxes capital gains as ordinary income, while Colorado has its own rates. If you had sold the stocks after establishing Colorado residency, you might have faced different tax treatment. But since you sold while in Oregon, you're locked into Oregon's tax treatment for those specific gains. The key takeaway is proper documentation of your residency change date will be crucial for any future transactions.

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Andre Dupont

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This is a really complex situation, and you're smart to be thinking about it now before tax season hits. From what I understand, since you were still an Oregon resident when you sold those stocks, Oregon will likely claim the right to tax the entire $65k in capital gains at their rates. One thing that might help ease your stress - when you file as a part-year resident in both states, each state typically only taxes the income earned while you were actually living there. So Colorado shouldn't double-tax those gains since they were realized before you moved there. The timing is unfortunate from a tax perspective since Oregon treats capital gains as regular income (so potentially higher rates), but what's done is done. For future reference, this is exactly why some people delay major asset sales until after they've established residency in lower-tax states. My advice would be to start gathering all your documentation now: the exact dates of your move, employment start date in Colorado, when you closed on housing, utility transfers, etc. You'll need this to clearly establish your residency timeline for both states. Given the size of those gains, it might be worth consulting with a tax pro who handles multi-state returns - the cost will probably be worth it to make sure you're not leaving money on the table or missing any deductions.

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GalaxyGlider

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This is really solid advice! I'm in a similar boat but moving the other direction - from Texas to California next year. Reading through all these responses has me thinking I should definitely wait to sell my crypto holdings until after I'm settled in California and have established residency there... wait, that doesn't sound right for taxes does it? Moving TO a higher tax state means I'd want to sell BEFORE moving, right? Also, @b79d4bbec2e7 when you mention consulting with a tax pro for multi-state returns, do you have any recommendations for finding someone who specializes in these situations? Regular CPAs in my area seem to mostly handle straightforward single-state returns.

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