Capital Gains Tax

Capital gains tax is the federal and California tax on the profit from selling an investment property held more than one year. Combined rate for most LA multifamily sellers: approximately 33-40% including state and NIIT.

What it means in practice

Federal long-term capital gains tax rates: 0%, 15%, or 20% depending on income. Most LA multifamily sellers are at 20%. Net Investment Income Tax (NIIT) adds 3.8% for higher earners. Combined federal: 23.8%.

California taxes capital gains as ordinary income — up to 13.3% for top-bracket filers. Combined federal + California on most significant LA multifamily gains: 33-37%, plus depreciation recapture for the depreciation portion.

Why it matters for LA multifamily

For LA multifamily sellers with $3M+ gains and no 1031, combined tax can exceed $1M. This is the single largest cost of a straight sale and the single biggest reason sophisticated sellers use 1031 exchanges to defer.

Related terms


From the Sterman LA Multifamily Glossary — defined the way a broker with $1.41 billion across 254 closed transactions actually uses these terms.

Michael Sterman, Senior Managing Director Investments, Marcus & Millichap.

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