Florida · No State Tax

Capital Gains Tax in Florida: No State Tax, But Federal Still Applies

Florida has no state income tax, so no state capital gains tax. But the federal rate (up to 20%) and the 3.8% NIIT still apply, and on a big sale that's a serious bill. Here's how to defer the federal bite.

Hans Goldstein, NPN 20602398

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📞 Hans Goldstein · 213-290-4977 · CA Insurance License #4322192 · Independent §453 specialist · Goldstein & Co. LLC

Florida's tax appeal is real: no state income tax means no state capital gains tax. It's why so many high-net-worth sellers and retirees are here. But the federal capital gains tax (up to 20%) and the 3.8% Net Investment Income Tax don't care where you live, and on a large sale, that federal hit is still the biggest check most people ever write.

Florida's big-gain reality

Between booming real estate, business sales, and retirees unwinding decades of appreciated investments, Florida sellers regularly face seven-figure gains. No state tax helps, but recognizing the whole federal gain in one year still maxes out the 20% bracket and triggers the 3.8% surtax, and can spike Medicare IRMAA premiums for retirees.

The structured installment sale solution

A §453 structured installment sale spreads the proceeds, and the federal gain, over future years, keeping more in the 15% bracket, reducing the 3.8% NIIT, and (for retirees) helping avoid the IRMAA cliff. Payments are carrier-backed and guaranteed. Works for property, a business, or stock; no replacement property needed, unlike a 1031.

Especially valuable for Florida retirees:
  • A one-year gain can spike Medicare premiums (IRMAA) two years later.
  • Spreading keeps annual income, and IRMAA tiers, lower.
  • Turns the sale into guaranteed lifetime-style income.

The takeaway

Florida saves the state tax, but the federal tax on a large sale is still substantial, and for retirees it can quietly raise your Medicare costs. Estimate it on the calculator (select Florida) and plan before you sell.

Frequently asked questions

Does Florida have a capital gains tax?

No. Florida has no state income tax, so there is no state capital gains tax. You still owe federal capital gains tax (up to 20%) and the 3.8% Net Investment Income Tax on a sale.

How much capital gains tax will I pay on a sale in Florida?

No state tax, but federally up to 20% plus the 3.8% NIIT, roughly a quarter of a large gain in the year of sale, with depreciation recapture taxed on top for property.

Can I defer federal capital gains tax in Florida?

Yes. A §453 structured installment sale spreads the federal gain over several years, keeping more in the 15% bracket and reducing the 3.8% surtax, and for retirees, helping avoid an IRMAA Medicare premium spike.

Does selling a property in Florida affect my Medicare premiums?

It can. A large one-year gain raises your modified income, which can push Medicare IRMAA premiums higher two years later. Spreading the gain with a structured installment sale keeps annual income lower and can avoid that.

How do I estimate my federal capital gains tax in Florida?

Use the free calculator and select Florida (it applies $0 state tax); it estimates your federal capital gains, NIIT, and recapture, plus the savings from deferring.

Thinking about a big sale?

Before you sign anything, run your numbers with someone who structures the deal to be tax-smart and audit-ready from day one.

Call 213-340-2018 Run the Numbers →