Capital gains tax in Oregon (2026): selling a business, real estate or farm
9.9% arrives early in Oregon
Oregon has no general capital gains rate. A long-term gain is added to your other income and taxed on the regular schedule, and that schedule is steep near the bottom: for 2026, joint filers pay 8.75% up to $250,000 of taxable income and 9.9% on everything above it; single filers reach 9.9% at $125,000 (Oregon DOR, 2026 estimated tax publication). For a seller with a seven-figure gain, nearly every dollar lands at 9.9%.
Federal tax is on top: 0%, 15% or 20% on long-term gain, with 20% above $613,700 of joint taxable income for 2026 (Rev. Proc. 2025-32). The federal capital gains guide covers it.
Worked example: why spreading the gain barely moves the Oregon bill
A joint-filing couple outside the Portland districts sells their company for a $2,000,000 gain, $200,000 of it equipment recapture. Paid in cash in 2026, the sale adds $198,000 of Oregon tax and $626,475 in total, an effective 31.3%.
- Five-year note: spreading the capital gain over 2026 to 2030 brings total tax to $520,833, but Oregon still collects $198,000. With $200,000 of other income, each year's slice still sits almost entirely above the $250,000 line (2026 schedule). The savings are federal.
- Moved to Idaho first: a genuine change of domicile before a share sale costs $534,475, which is $92,000 less, because Idaho's rate is lower.
The engine leaves out note interest and the buyer-credit side; the installment sale analysis covers both, including how a seller secures the note.
Portland: two local income taxes on the same gain
Two voter-approved taxes, administered by the City of Portland Revenue Division, reach investment income including capital gains:
- Metro Supportive Housing Services (SHS): 1% of Metro taxable income above $205,000 for joint filers and $128,000 for single filers in 2026, rising to $211,000 and $132,000 for 2027.
- Multnomah County Preschool for All (PFA): 1.5% above $200,000 joint ($125,000 single), plus another 1.5% above $400,000 joint ($250,000 single), 2026.
A Multnomah County resident inside Metro can therefore pay 4% on most of a large gain on top of 9.9%. Both taxes also reach nonresidents with income from Metro or Multnomah County sources, so selling a Portland building from out of state does not automatically avoid them (City of Portland Revenue Division, 2026).
The 5% farm rate
Oregon's one capital gains preference is for farmers. Under ORS 316.045, net long-term capital gain is taxed at 5% instead of the regular rates when all of these hold: the gain is Section 1231 gain or gain on at least a 10% interest in a farming entity; the property was predominantly used in farming (timber, apart from Christmas trees and certain hardwoods, does not count); the buyer is not related to you under IRC 267; and the sale is a substantially complete termination of your farming business or farm property. A farm dwelling or homesite you keep does not break the termination test. Our engine does not model this rate, so run a farm sale through the farmland capital gains guide and confirm the facts with your CPA.
Selling Oregon property as a nonresident
Oregon taxes nonresidents on gain from Oregon real property. At closing, the escrow agent withholds the least of 4% of the consideration, 8% of the Oregon gain, or the net proceeds, reported on Form OR-18-WC; sales of $100,000 or less and gains fully covered by the Section 121 home exclusion are exempt (OR-18-WC instructions). In an installment sale, withholding applies only to the first installment, measured on the gain reported that year. Later installments on Oregon property stay taxable by Oregon after you move away (Publication OR-17). That is one reason a move after signing a note does little for Oregon real estate; see the residency change analysis.
Estate tax at $1,000,000
Oregon's estate tax starts at a $1,000,000 taxable estate, at 10% and climbing in steps to 16% (ORS 118.010). It applies to residents and to nonresidents who own Oregon real or tangible property. For an older owner, that threshold changes the math on selling versus holding: a sale converts appreciated property into cash that is still in the estate, while holding preserves the federal basis step-up for heirs. The step-up at death analysis compares the two, and the capital gains tax by state table lists neighbors such as Washington. For a side-by-side of every option on your own sale, get the Big Sale Tax Analysis.
What to know
Spreading a gain helps the federal bill far more than the Oregon one, because almost every dollar above $250,000 of joint income is at 9.9%. Moving works only before the sale and only for gains that follow domicile; Oregon real estate stays Oregon-source. The farm rate has strict tests, including an unrelated buyer and a near-complete exit.
Worked example
Married filing jointly, $200,000 of other income, outside the Metro and Multnomah districts, $1,800,000 of long-term gain plus $200,000 of equipment recapture, cash in 2026. Active owners, so no NIIT. Identical numbers, but the owners became Idaho residents before a sale of their shares, so the gain follows their new domicile. Recapture in 2026; the $1,800,000 capital gain spread evenly over 2026 to 2030 with $200,000 of other income each year. Note interest left out.
| Engine run | Oregon resident sells a business, $2M gain | Same stock sale after a real move to Idaho | Oregon resident, 5-year note |
|---|---|---|---|
| Filing status | Married, joint | Married, joint | Married, joint |
| State | Oregon | Idaho | Oregon |
| Tax years | 1 | 1 | 5 |
| Other income (wages, pension, interest) per year | $200,000 | $200,000 | $200,000 |
| Long-term capital gain | $1,800,000 | $1,800,000 | $1,800,000 |
| Section 1245 recapture (ordinary income) | $200,000 | $200,000 | $200,000 |
| Federal income tax on the sale | $428,475 | $428,475 | $322,833 |
| Net investment income tax (3.8%) | $0 | $0 | $0 |
| State income tax on the sale | $198,000 | $106,000 | $198,000 |
| Total tax caused by the sale | $626,475 | $534,475 | $520,833 |
| Effective rate on the gain | 31.3% | 26.7% | 26.0% |
| Gain kept after these taxes | $1,373,525 | $1,465,525 | $1,479,167 |
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
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.
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.
Frequently asked questions
Does Oregon have capital gains tax?
How much is capital gains tax in Oregon on real estate?
Does Oregon tax capital gains on home sales?
Does Oregon tax capital gains as ordinary income?
Can I avoid Oregon capital gains tax by moving to Washington?
Sources
- Oregon DOR: 2026 estimated tax publication (rate charts)
- City of Portland Revenue Division: Metro SHS and Multnomah PFA personal taxes
- ORS chapter 316 (316.045 farm capital gain rate)
- ORS chapter 118 (118.010 estate tax)
- Oregon DOR: Form OR-18-WC instructions
- Oregon DOR: Publication OR-17 (2025)
- Rev. Proc. 2025-32 (IRS, 2026 inflation adjustments)
Figures as of October 7, 2026; each rate and limit above names its source and year. Education only, not legal or tax advice.
Keep reading
Washington
No income tax, but a 7% excise on long-term gains (9.9% past $1M) that skips real estate and hits business goodwill and stock.
ReadIdaho
Idaho deducts 60% of gain on qualifying Idaho land, buildings, livestock and timber, but gives nothing on stock, LLC units or retail equipment.
ReadInstallment sale (Section 453)
Report the gain as the buyer pays you instead of all in the year of sale, under rules that have been in the tax code for decades.
ReadMoving states before a sale
Becoming a resident of a no-income-tax state before you sell can remove state tax on some gains, but only for the right asset, with the right timing and a real
ReadFarmland
A farm sale is five tax sales at once, and whether you cash rent or farm the ground decides the 3.8% layer.
ReadStep-up at death (hold)
Holding an appreciated asset until death can erase the built-in gain for heirs; here is when that beats selling now and when it does not.
ReadKnow your number before you sign.
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