
1031 Exchange Rules by State
Section 1031 is federal law, but the tax bill on a sale is set by the state where the property sits. These pages cover what each state adds: its tax on real estate gains, withholding at closing, deferred-gain tracking, transfer taxes, and how a DST replacement property fits.
Why the state matters
Every state with an income tax now follows the federal deferral, so a properly completed exchange defers state tax as well as federal tax. The differences are in the mechanics: some states withhold part of the price at closing unless the seller files an exchange exemption, a few keep tracking the deferred gain after the replacement property leaves the state, and transfer or documentary taxes are usually owed on the sale whether or not it is part of an exchange.
Four questions every state page answers
- How is the gain taxed if you simply sell? The state rate, bracket structure or lack of an income tax, and any capital gains exclusion the state allows.
- What is withheld at closing? Nonresident and real-estate withholding rates, the form that claims the 1031 exemption, and who files it.
- Does the state follow your deferred gain out of state? Claw-back and annual reporting rules where they exist, and a plain statement where they do not.
- What does a DST mean for a seller there? How income from replacement property in other states is sourced and filed, and what the home state keeps taxing.
Each page lists the official sources it was checked against and the date of the last review. The federal rules that apply everywhere are explained on What is a 1031 exchange, eligibility and requirements and the 45- and 180-day deadlines.
Northeast
CT
Connecticut
Conveyance Tax Tiers, 6.99% Top Rate and DSTs
Read the Connecticut rulesME
Maine
REW Withholding, Transfer Tax Tiers and DSTs
Read the Maine rulesMA
Massachusetts
Form NRW, the 4% Surtax and Claw-Back
Read the Massachusetts rulesNH
New Hampshire
Transfer Tax, Business Profits Tax, DSTs
Read the New Hampshire rulesNJ
New Jersey
Exit Tax, GIT/REP-3, Mansion Tax and DSTs
Read the New Jersey rulesNY
New York
IT-2663, Transfer Taxes and NYC Rules
Read the New York rulesPA
Pennsylvania
Act 53, Transfer Tax and DST Options
Read the Pennsylvania rulesRI
Rhode Island
6% Withholding, Conveyance Tax and DSTs
Read the Rhode Island rulesVT
Vermont
2.5% Withholding, Transfer Tax and Land Gains Tax
Read the Vermont rulesSoutheast
AL
Alabama
Nonresident Withholding, Deed Tax and 5% Rate
Read the Alabama rulesAR
Arkansas
50% Gain Exclusion, 3.7% Rate and Transfer Tax
Read the Arkansas rulesDE
Delaware
4% Transfer Tax, REW-EST Withholding and DSTs
Read the Delaware rulesFL
Florida
Doc Stamps, Reset Caps and Out-of-State DST Tax
Read the Florida rulesGA
Georgia
G-2RP Withholding, the 4.99% Flat Tax and DSTs
Read the Georgia rulesKY
Kentucky
3.5% Flat Tax, Deed Tax, Basis Rules and DSTs
Read the Kentucky rulesLA
Louisiana
Flat 3% Tax, Community Property and DSTs
Read the Louisiana rulesMD
Maryland
8.75% Withholding, County Tax and DSTs
Read the Maryland rulesMS
Mississippi
4% Rate, 5% Withholding and No Transfer Tax
Read the Mississippi rulesNC
North Carolina
3.99% Flat Tax, Excise Stamps, NC-1099NRS
Read the North Carolina rulesSC
South Carolina
I-290 Withholding, 44% Deduction and DSTs
Read the South Carolina rulesTN
Tennessee
No Income Tax, Franchise and Excise Tax, FONCE
Read the Tennessee rulesVA
Virginia
Grantor Tax, Northern Virginia Fees and DSTs
Read the Virginia rulesWV
West Virginia
NRAE Withholding Exemption and 2026 Rates
Read the West Virginia rulesMidwest
IL
Illinois
Transfer Stamps, Chicago Rates and the 4.95% Tax
Read the Illinois rulesIN
Indiana
2.95% Flat Tax, County LIT and Property Tax Caps
Read the Indiana rulesIA
Iowa
Farmland Gain Deduction, Transfer Tax and DSTs
Read the Iowa rulesKS
Kansas
No Deed Tax, Use-Value Farmland and DSTs
Read the Kansas rulesMI
Michigan
Uncapping, the Flat 4.25% and Transfer Tax
Read the Michigan rulesMN
Minnesota
9.85% Top Rate, the 1% NIIT and Deed Tax
Read the Minnesota rulesMO
Missouri
No State Capital Gains Tax, No Transfer Tax
Read the Missouri rulesNE
Nebraska
Documentary Stamp Tax, Falling Rates and DSTs
Read the Nebraska rulesND
North Dakota
Low Rates, Mineral Rights, No Deed Tax
Read the North Dakota rulesOH
Ohio
2.75% Flat Tax, Conveyance Fees and Municipal Tax
Read the Ohio rulesSD
South Dakota
No Income Tax, Transfer Fee, Trust Law
Read the South Dakota rulesWI
Wisconsin
the 30% Gain Exclusion, Transfer Fee and DSTs
Read the Wisconsin rulesSouthwest
AZ
Arizona
2.5% Flat Tax, LPV Cap and No Transfer Tax
Read the Arizona rulesNM
New Mexico
5.9% Rate, Capped Gain Deduction, No Deed Tax
Read the New Mexico rulesOK
Oklahoma
Five-Year Gain Deduction, Minerals and DSTs
Read the Oklahoma rulesTX
Texas
No Income Tax, Franchise Tax and Appraisal Caps
Read the Texas rulesWest
AK
Alaska
No Income Tax, Transfer-Tax Ban and Property Tax
Read the Alaska rulesCA
California
FTB 3840, Form 593 Withholding and 13.3% Tax
Read the California rulesCO
Colorado
DR 1083 Withholding, the 4.4% Flat Tax and DSTs
Read the Colorado rulesHI
Hawaii
HARPTA, Conveyance Tax and DST Options
Read the Hawaii rulesID
Idaho
The 60% Capital Gains Deduction, Farmland and DSTs
Read the Idaho rulesMT
Montana
Deferred-Gain Tracking, Capital Gains Rates, DSTs
Read the Montana rulesNV
Nevada
No Income Tax, County Transfer Tax Rates and DSTs
Read the Nevada rulesOR
Oregon
Deferred-Gain Tracking, Withholding and DSTs
Read the Oregon rulesUT
Utah
Flat 4.5% Tax, No Transfer Tax, Property Assessment
Read the Utah rulesWA
Washington
REET, the Capital Gains Tax Exclusion and DSTs
Read the Washington rulesWY
Wyoming
No State Tax on the Gain, Trust Law and DSTs
Read the Wyoming rulesSelling in one state, reinvesting in another?
Breakwater Exchange is licensed in all 50 states. Tell us where the property is and when it closes, and an advisor will send a free proposal with replacement options that fit your deadlines.
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