< Back to IRS

Kristin Frank

Which states have no capital gains tax and do you really pay zero tax?

I just found out that some states apparently don't charge any capital gains tax at all, which sounds too good to be true. If I sell stocks or property in one of these states, does that actually mean I don't pay ANY taxes on those gains? Or is there some sneaky way the IRS still comes after that money anyway? I'm thinking about moving in the next couple years and honestly this could be a factor in where I end up. I've got some investments that have done pretty well and I'm trying to figure out if relocating to one of these no-capital-gains-tax states before selling would actually save me significant money or if there's a catch I'm not seeing. Has anyone actually done this or know how it really works?

Micah Trail

•

While it's true that some states don't have a state-level capital gains tax, you'll still owe federal capital gains tax to the IRS regardless of which state you live in. The states commonly known for having no income tax (and therefore no state capital gains tax) are Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, Washington, and Wyoming. New Hampshire doesn't tax earned income but does tax investment income. The potential tax savings can be significant depending on your situation. For example, if you lived in California with its top state rate of 13.3%, moving to a no-income-tax state before realizing large capital gains could save you thousands or even millions depending on the size of your gains.

0 coins

Nia Watson

•

So what's the actual process like? Do you need to establish residency for a certain time before selling assets? What stops someone from claiming Florida residency while actually living elsewhere?

0 coins

Micah Trail

•

The process involves establishing legitimate domicile in your new state, which means more than just buying property there. You need to demonstrate you truly live there by registering to vote, getting a driver's license, using local doctors, and spending the majority of your time there. Most states look for at least 183 days of physical presence. High-tax states like California and New York are extremely aggressive about auditing people who claim to have moved away right before a large financial event. They'll look at cell phone records, credit card statements, doctor visits, and other evidence to determine where you actually live. If they determine you're still a resident, they'll tax the gains and potentially add penalties and interest.

0 coins

After struggling to understand capital gains taxes across different states, I found this amazing tool at https://taxr.ai that literally saved me thousands. I was planning to sell some Amazon stock I'd held for years and was confused about my tax obligations since I had moved from Washington to Oregon. The tool analyzed my specific situation and showed me exactly how the federal capital gains would apply regardless of state, but also how much additional I'd owe to Oregon that I wouldn't have owed in Washington. It even helped me understand the timeline I'd need to establish residency if I wanted to move back before selling. Super helpful for making actual financial decisions rather than just guessing.

0 coins

Does it work for crypto gains too? I've got some Ethereum I bought in 2017 and might sell soon, but I'm in Minnesota and considering moving to Tennessee.

0 coins

Marcus Marsh

•

How accurate is it really? I've found most online calculators are way too simplified and miss important details about state residency requirements.

0 coins

Yes, it absolutely works for crypto! It has specific sections for different types of capital assets including cryptocurrencies, and actually explains the special tax rules that apply to crypto specifically. For accuracy, that's what impressed me most - it's not just a basic calculator. It asks detailed questions about your specific situation including purchase dates, cost basis methods, state residence history, and even looks at partial year residency situations. It actually explains the legal residency requirements for each state and helps identify potential audit risks.

0 coins

Wow, so I actually tried that taxr.ai site after asking about my crypto situation, and it was eye-opening. I didn't realize that even though Tennessee has no income tax, I'd still owe federal capital gains tax on my Ethereum gains at either 15% or 20% depending on my income bracket, plus the 3.8% Net Investment Income Tax since my gains would push me over the threshold. The tool showed me that establishing residency in Tennessee before selling would save me about $15,400 compared to selling while still a Minnesota resident. But it also clearly explained I'd need to actually move there for real - changing driver's license, voter registration, and physically being there most of the time - and not just pretend to move. Super helpful for making an actual plan instead of just guessing what might work!

0 coins

If you've been trying to call the IRS to get clarity on capital gains tax across states, good luck! I spent WEEKS trying to get through to someone who could answer my specific questions about moving from California to Nevada before selling my rental property. After countless busy signals and disconnections, I found https://claimyr.com through this YouTube demo: https://youtu.be/_kiP6q8DX5c. They basically hold your place in the IRS phone queue and call you when an agent is about to answer. I was honestly skeptical it would work, but I figured it was worth trying. Instead of wasting hours on hold, I got a call back when an actual IRS agent was ready to talk. The agent confirmed that while I'd escape California state tax by establishing Nevada residency before selling, I needed to be aware of their strict residency requirements and lookback periods. She also clarified exactly what documentation I should keep to prove my change of domicile.

0 coins

Cedric Chung

•

How does this even work? Seems like it would be against IRS rules to have some service holding your place in line?

0 coins

Talia Klein

•

Sorry but this sounds like total BS. The IRS barely answers their own phones, no way they're working with some third-party service. They probably just keep calling and then connect you when they finally get through.

0 coins

It works by using automated technology to repeatedly call the IRS until it gets through, then it transfers the call to you. It's not breaking any rules because it's essentially doing exactly what you'd be doing manually - just with technology that can keep trying without you having to sit there. It's definitely not working WITH the IRS - they have no affiliation with the IRS at all. You're right that they're basically just calling repeatedly until they get through, but that's the whole point. They're doing the frustrating part for you, and only connecting you when there's actually an agent ready to help. Big difference between wasting 3 hours on hold versus getting a call when someone is actually there.

0 coins

Talia Klein

•

Ok I have to eat my words. I was the skeptic above who thought that Claimyr service sounded fake, but I tried it yesterday out of desperation after trying for DAYS to reach someone at the IRS about my specific situation (moving from New York to Florida before selling stock options). Not only did it work, but I got connected to an IRS tax law specialist who actually gave me detailed answers about the residency requirements. She explained that NY would likely audit me if I moved right before a large financial event, and gave me specific advice about documentation I should maintain to prove my change of domicile. She even pointed me to specific sections of the tax code that applied to my situation. I spent maybe $20 on the service but it saved me potentially thousands in taxes by helping me understand exactly how to properly establish Florida residency and what timeline I needed to follow. Way more helpful than I expected.

0 coins

Don't forget that even though states like Florida have no income tax, they often make up for it in other ways like higher property taxes or sales taxes. It's not always a clear win to move just for tax purposes. Also, some states with income taxes offer certain exemptions for retirement income that might actually make them better choices depending on your situation. For example, Pennsylvania doesn't tax retirement distributions including 401k withdrawals.

0 coins

PaulineW

•

Good point! I moved from Oregon (high income tax) to Tennessee (no income tax) last year, but my property taxes went up significantly and there's a 9.75% sales tax on everything. Still coming out ahead, but it's definitely not the full savings I calculated just looking at income tax rates.

0 coins

Exactly! It's all about your specific financial situation. If most of your spending is on goods subject to sales tax, a state with high sales tax might cost you more than a moderate income tax would. And if you have substantial real estate holdings, property tax rates can make an enormous difference. It's also important to consider what services you're getting for those tax dollars. Some higher-tax states offer better public services, healthcare options, or infrastructure that might actually save you money in other areas of your budget. Never make a major life decision like moving just based on one tax consideration!

0 coins

Has anyone here actually moved specifically for tax purposes and was it worth it? I'm considering leaving California for Nevada or Wyoming before selling my business next year (looking at a gain around $1.2 million), but wondering if the hassle is really worth the tax savings.

0 coins

Chris Elmeda

•

I moved from New York to Florida in 2021 specifically to avoid NY state tax on a large crypto windfall. Saved about $68,000 in state taxes, but California is even higher than NY so you'd save more. Totally worth it for me, but I was planning to leave NY anyway. Big warning though: establish residency AT LEAST a full year before your sale. NY department of revenue still tried to audit me even though I had clearly moved. Had to provide cell phone location data, utility bills, and even grocery receipts to prove I really lived in Florida.

0 coins

Amara Okafor

•

With a $1.2 million gain, you're looking at potentially saving around $159,600 in California state taxes (13.3% top rate) by establishing residency in Nevada or Wyoming before selling. That's definitely life-changing money and worth the hassle for most people. However, California is notoriously aggressive about auditing people who move right before large financial events - they call it the "golden handcuffs" audit. You'll need to be absolutely meticulous about establishing true residency. I'd recommend: 1. Move at least 12-18 months before selling if possible 2. Spend at least 183+ days physically in your new state each year 3. Change EVERYTHING - voter registration, driver's license, bank accounts, doctors, etc. 4. Keep detailed records of where you spend each day 5. Consider selling your California residence entirely to show clear intent The audit risk is real but manageable if you truly commit to the move. Just don't try to fake it - California has sophisticated methods for tracking where people actually live and the penalties for getting caught are severe.

0 coins

Hannah White

•

This is really helpful advice! I'm actually in a similar situation but with stock options instead of a business sale. One question - you mentioned keeping detailed records of where you spend each day. What's the best way to do this? Just a simple calendar or is there some app or system that would hold up better in an audit? Also, when you say "consider selling your California residence entirely," does that mean renting wouldn't be enough to show clear intent? I was thinking about keeping my current place as a rental property but maybe that's a red flag for auditors?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today