Big Sale TaxHans Goldstein: Tax & Exit Planning
Home / Capital Gains / By State / New Hampshire
Capital gains tax by state

New Hampshire capital gains tax (2026): selling a business, real estate or farm

Short answerNew Hampshire does not tax capital gains on an individual's return, and the old Interest and Dividends Tax, which never reached gains, was repealed effective January 1, 2025 (RSA ch. 77). A business sale is different: the 7.5% Business Profits Tax (RSA 77-A:2, 2023 on) applies to a business organization's gain on its assets. Our example business sale shows $0 of state income tax versus $211,190 in Massachusetts.

The individual side: no tax on gains, and now no tax on interest either

New Hampshire never taxed wages or capital gains. Its only personal income tax, the Interest and Dividends Tax under RSA chapter 77, was phased down and the whole chapter was repealed effective January 1, 2025 (RSA 77, repealed by 2021, 91:99). For 2026, a resident who sells stock, a vacation home or an interest in a company owes New Hampshire nothing on the personal return. Interest on an installment note, which the old tax would have reached, is now untaxed by the state as well.

The engine reflects this: the New Hampshire seller in the example pays $584,975 in total, all of it federal, while the Massachusetts seller pays -$211,190 more because of Massachusetts tax and its surtax on income over $1 million. See states with no capital gains tax for the rest of the list.

Where the tax shows up: the Business Profits Tax on asset gains

The Business Profits Tax is an entity-level income tax at 7.5% for taxable periods ending on or after December 31, 2023 (RSA 77-A:2). It applies to any business organization carrying on business activity in New Hampshire, and the statute lists proprietorships alongside corporations, partnerships and LLCs (RSA 77-A:1, I). Gross business profits include asset sale gains:

  • For a partnership or LLC taxed as one, ordinary income is increased by the net gain from the sale of partnership assets (RSA 77-A:1, III(c), current law).
  • For a proprietorship, profit from a business, profession, rental or farming activity is adjusted by gains or losses from the sale of assets held or used in the business (RSA 77-A:1, III(d)).
  • For a C corporation, taxable income as determined federally, so the corporation's gain on an asset sale is included.

That means a New Hampshire owner who sells a business in an asset sale can owe 7.5% of the gain at the entity level even though the personal return shows no state tax. As simple arithmetic, a $1 million gain at the 7.5% rate (2026) is $75,000. A landlord who owns rental buildings personally and exceeds the filing threshold is also a business organization for this purpose.

Deductions and filing rules that change the BPT on a sale

  • Commissions on the sale of business assets. Proprietorships, partnerships and LLCs may deduct reasonable compensation for the owners' personal services, which may include up to 15% of the gross selling price as commissions on the sale of business assets (RSA 77-A:4, III(a), current law). On an asset sale this deduction can be large.
  • Filing threshold. A business organization must file when gross business income exceeds $92,000, an amount adjusted every two years for inflation from 2023 (RSA 77-A:6, I). Gross business income includes gross proceeds from selling business assets, so a sale year can cross the threshold by itself.
  • Selling an ownership interest. A business organization realizing a gain or loss on the sale or exchange of an interest in the business organization must file a return regardless of the threshold (RSA 77-A:6, I-a).

The companion Business Enterprise Tax is 0.55% of the enterprise value tax base for periods ending on or after December 31, 2022 (RSA 77-E:2); its base is compensation, interest and dividends paid rather than sale gain, and it is generally creditable against the BPT. Whether a stock sale or an asset sale fits better depends heavily on this entity tax.

Real estate transfer tax: both sides pay

New Hampshire imposes its real estate transfer tax at $0.75 per $100 of price, with a $20 minimum on transfers of $4,000 or less (RSA 78-B:1). The rate applies to the buyer and again to the seller (RSA 78-B:4, III), so the combined charge is $1.50 per $100. On a $3 million commercial building each side owes $22,500 under current law. The tax reaches transfers of interests in real estate, so selling an entity that holds New Hampshire land can trigger it.

Moving to New Hampshire, and the Massachusetts question

Many owners who move north from Massachusetts plan to sell after the move. New Hampshire residence ends state tax on gain from stock and other intangibles, but Massachusetts still taxes a nonresident on gain from Massachusetts real estate and on business income sourced there, so the location of the asset matters as much as the address. Read residency change before a sale before you plan the move, and the pass-through entity tax page for how entity-level state taxes interact with your federal return.

Federally, long-term gain is taxed at 0%, 15% or 20%, with 20% beginning at $613,700 of joint taxable income (Rev. Proc. 2025-32, 2026); the capital gains guide covers it and capital gains tax by state lists every state. For a model that includes the entity tax, get the Big Sale Tax Analysis.

What to know

The headline "no capital gains tax" is true for individuals and misleading for business owners. Gain realized inside a proprietorship, partnership, LLC or corporation can carry the 7.5% Business Profits Tax, and the commission deduction and stock-versus-asset choice decide how much. The transfer tax is charged to both parties, though contracts can shift it. The engine example does not include the BPT.

Worked example

A married owner who materially participates sells the assets of an S corporation for a $2.75 million gain ($2.5 million long-term plus $250,000 of recapture passed through to the return), with $200,000 of other income. The engine models personal income tax only; Business Profits Tax owed by the business itself is discussed below. The second run is the same sale by Massachusetts residents.

Engine runNH residentSame sale, Massachusetts
Filing statusMarried, jointMarried, joint
StateNew HampshireMassachusetts
Other income (wages, pension, interest)$200,000$200,000
Long-term capital gain$2,500,000$2,500,000
Section 1245 recapture (ordinary income)$250,000$250,000
Federal income tax on the sale$584,975$584,975
Net investment income tax (3.8%)$0$0
State income tax on the sale$0$211,190
Total tax caused by the sale$584,975$796,165
Effective rate on the gain21.3%29.0%
Gain kept after these taxes$2,165,025$1,953,835

Computed October 7, 2026 by the Big Sale Tax engine (engine.js yearTax): federal brackets, 0/15/20% thresholds and AMT from Rev. Proc. 2025-32 (OBBBA-adjusted) and the One Big Beautiful Bill Act (P.L. 119-21); NIIT under IRC 1411 (thresholds not indexed); state tax from the engine's state table. "Tax caused by the sale" = tax with the sale minus tax without it. Excludes selling costs, local taxes and estimated-tax timing. Education only.

Run your own numbers

Federal on the sale$0
NIIT$0
State$0
Total tax, held over a year$0
Effective rate0%
If held one year or less$0

2026 law from the engine: federal 0/15/20% brackets (Rev. Proc. 2025-32), 25% cap on unrecaptured 1250 gain, ordinary rates on 1245 recapture, 3.8% NIIT over $200,000 single / $250,000 joint (IRC 1411), AMT, and your state's rules. Tax shown is the tax caused by the sale. Excludes selling costs, local taxes and NIIT exceptions for active business owners. Education only.

Free PDF sheet

Long-Term vs Short-Term Capital Gains (2026)

The one-year holding rule, the 2026 0/15/20% thresholds for every filing status, NIIT, recapture, the state layer and a worked $200,000 example: 11 months vs 13 months, and what spreading the gain can save.

By entering your email you agree to receive this sheet and occasional educational emails from Hans Goldstein: Tax & Exit Planning. Unsubscribe anytime.

Frequently asked questions

Does New Hampshire have a capital gains tax?
Not for individuals. New Hampshire has no tax on wages or capital gains, and the Interest and Dividends Tax was repealed effective January 1, 2025. Gain realized by a business organization, including a sole proprietorship above the filing threshold, can be subject to the 7.5% Business Profits Tax.
Does New Hampshire tax capital gains on real estate?
An individual selling a home or investment property pays no New Hampshire income tax on the gain. The seller pays the real estate transfer tax of $0.75 per $100 of price. A landlord whose rentals are a business above the filing threshold can owe Business Profits Tax on gain from selling rental buildings.
Does New Hampshire tax the sale of a business?
Often, through the Business Profits Tax at 7.5% (RSA 77-A:2). Gains on business assets are included in gross business profits for corporations, partnerships, LLCs and proprietorships. Owners may deduct reasonable compensation, including up to 15% of the gross selling price as commissions on the sale of business assets.
Does New Hampshire tax retirement income or interest?
No. With RSA chapter 77 repealed for periods after 2024, New Hampshire does not tax interest, dividends, pensions, Social Security or retirement account withdrawals on an individual's return in 2026, which also means interest received on a seller-financed note is not taxed by the state.
Do I pay Massachusetts tax if I move to New Hampshire and then sell?
Possibly. Massachusetts taxes nonresidents on income from Massachusetts sources, which includes gain on Massachusetts real estate and income from a business carried on there. Gain on stock in a company, after a genuine change of domicile, is generally taxed by your new home state, which for New Hampshire means no state tax.
How Hans helps: the $5,000 Big Sale Tax Analysis runs your sale through every path that fits: a cash sale, a Section 453 installment sale, 1031, Opportunity Zones, charitable trusts, timing and loss offsets, year by year, and ends with a written recommendation your CPA can check. Get the Big Sale Tax Analysis.
Next step

Know your number before you sign.

The Big Sale Tax Analysis is a flat $5,000. Start with a free scoping call; you are invoiced only after it, and only if you go ahead.

Prefer email? Request the analysis by email.

Book a callCall Hans