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State Tax Guide

Arkansas Capital Gains Tax, Explained

Arkansas exempts 50% of your net capital gain outright, and gains above $10 million in a single year are exempt entirely. Here's how the two-tier break actually works.

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Quick Answer

Arkansas exempts 50% of your net capital gain from state income tax, then taxes the remaining half at your regular Arkansas rate, up to the 3.7% top marginal rate for 2026. Sell for a $200,000 gain at the top rate and Arkansas taxes $100,000 of it (50%), for a state bill of about $3,700, an effective rate of roughly 1.85% on the full gain. Sell for more than $10 million in a single year and the excess over that threshold is exempt entirely, not just half. Run your own numbers in our capital gains tax calculator.

The 50% Exclusion: How the Math Works

Under Arkansas Code Section 26-51-815, half of your net capital gain never shows up on your Arkansas return at all. The state has exempted 50% of net capital gain from income tax since July 1, 2016, and it defines "net capital gain" the same way the IRS does: net long-term gain in excess of any net short-term loss. Only the remaining 50% is added to your Arkansas taxable income and taxed at your ordinary bracket.

Worked example: sell an asset for a $200,000 net capital gain, and you're in the top Arkansas bracket. The exclusion removes $100,000 (50%), leaving $100,000 taxable. At 3.7%, that's $3,700 in Arkansas tax, an effective rate of just 1.85% on the full $200,000. Compare that to a state with no exclusion at a similar rate, and Arkansas cuts the state-level bill roughly in half before any other planning even enters the picture.

Net capital gain$50,000
Amount excluded$25,000 (50%)
AR taxable portion$25,000
AR tax at 3.7%$925
Net capital gain$200,000
Amount excluded$100,000 (50%)
AR taxable portion$100,000
AR tax at 3.7%$3,700
Net capital gain$1,000,000
Amount excluded$500,000 (50%)
AR taxable portion$500,000
AR tax at 3.7%$18,500
Key Insight

Arkansas's exclusion applies to the gain, not the holding period alone

Because Arkansas ties its definition of net capital gain to the federal one, the 50% break rides on the same long-term holding-period line the IRS uses. A gain that isn't a federal net capital gain, most commonly a short-term gain, doesn't get the state exclusion either. The federal and Arkansas holding-period tests move together, which simplifies the planning: get the federal long-term line right and the Arkansas exclusion follows.

The $10 Million Break: Arkansas's Signature Provision

This is the provision that sets Arkansas apart from every other state on this list. Under Section 26-51-815(b)(3), the portion of a net capital gain that exceeds $10,000,000 in a single tax year is exempt from Arkansas income tax entirely, on top of the standard 50% exclusion that already applies below that threshold. It isn't a bigger discount on the whole gain; it's a second, additional tier that only kicks in once a single year's net capital gain clears eight figures.

In practice, a large gain splits into two very different tax treatments. The first $10 million is taxed the normal way: 50% excluded, 50% taxable at your ordinary Arkansas rate. Everything above $10 million skips the state entirely, taxed at 0% by Arkansas, no exclusion needed because the whole excess amount is exempt.

Worked example: a business owner sells their company for an $18,000,000 net capital gain. The first $10,000,000 gets the standard treatment: 50% excluded, leaving $5,000,000 taxable. The remaining $8,000,000, the excess over the $10 million threshold, is fully exempt, contributing $0 to Arkansas taxable income. Total Arkansas-taxable amount: $5,000,000. At the 3.7% top rate, that's $185,000 in Arkansas tax on an $18 million sale, an effective rate of roughly 1.03% on the full gain. If Arkansas only applied the general 50% exclusion with no $10 million tier, the same sale would generate $9,000,000 of taxable gain and a $333,000 state tax bill, a difference of $148,000 purely from the excess-gain exemption.

This provision is a genuine outlier nationally. Most states either tax capital gains as ordinary income with no ceiling relief or cap benefits at a flat percentage regardless of size. Arkansas does the opposite: the bigger the gain, the more favorable the effective rate gets once it clears $10 million, which makes the state worth a serious look for anyone modeling a large business sale, a concentrated stock liquidity event, or a major real estate portfolio disposition.

If the property is in Arkansas, the depreciation recapture calculator separates unrecaptured section 1250 gain (taxed at up to 25%) from the rest, and the NIIT calculator shows whether the 3.8% tax applies at your income.

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The Rate on What's Left: 3.7% for 2026

The taxable half of your net capital gain, along with the full amount of any gain that doesn't qualify for the exclusion, runs through Arkansas's regular graduated brackets, topping out at 3.7% for the 2026 tax year. That's the product of an aggressive, repeated series of cuts: Arkansas's top rate was 4.9% as recently as 2022, dropped to 4.4% in 2024, then to 3.9% for 2025, and most recently to 3.7% after Governor Sarah Huckabee Sanders called a special legislative session in early May 2026. The bill was signed May 6, 2026, and applies retroactively to January 1, 2026.

This is the fourth rate cut Arkansas has passed since 2023, and the pattern suggests the legislature isn't done. If you're modeling a sale more than a year out, it's worth checking the rate actually in effect for the year you expect to close rather than assuming 3.7% holds, since Arkansas has revisited this number nearly every year recently.

Watch Out

Rate cuts have moved fast and mid-year

Arkansas's last two cuts, to 3.9% and then to 3.7%, both took effect through legislative action outside the normal budget calendar, including a special session in 2026. A sale modeled against an older published rate can understate your actual after-tax proceeds. Confirm the current top rate with a CPA before finalizing numbers on a large transaction.

Stacking the Federal Layer on Top

Arkansas's exclusions only ever touch the state return. The federal government still taxes your gain under its own rules: 0%, 15%, or 20% for long-term gains depending on your bracket, and the 3.8% net investment income tax (NIIT) layered on above $200,000 MAGI (single) or $250,000 (married filing jointly).

Put both layers together on the $18,000,000 sale from the example above: federally, at the top 20% long-term rate plus the 3.8% NIIT, that gain owes roughly $4,284,000 (23.8% combined federal rate). Arkansas's share, after the 50% exclusion on the first $10 million and the full exemption above it, comes to about $185,000. Combined, the seller pays close to $4,469,000, an all-in effective rate near 24.8%, with the federal government collecting the overwhelming majority of that bill. For a large Arkansas sale, the state tax line is often almost a rounding error next to the federal one, which makes federal-side planning, timing, installment sales, qualified opportunity funds, charitable structures, the higher-leverage conversation.

Key Insight

Federal planning does more work than state planning above the $10 million line

Once a gain clears $10 million, Arkansas's own tax on the excess is already zero. Any further reduction in the total bill has to come from the federal side: what qualifies as long-term, whether the sale can be structured across tax years, and whether the NIIT threshold can be managed. A CPA modeling a nine-figure or eight-figure Arkansas sale should spend the bulk of the planning time on the federal mechanics, not the state ones.

Selling a Rental: The Exclusion Doesn't Cover Recapture

A rental or investment property sale in Arkansas splits into two pieces for state tax purposes, and only one of them benefits from the exclusions above. Depreciation you claimed while renting the property out comes back as recapture, treated as ordinary income rather than the net capital gain that Section 26-51-815 exempts. Recapture is taxed federally at up to 25% and by Arkansas at your full ordinary rate, up to 3.7%, with no 50% discount and no benefit from the $10 million tier.

The appreciation above your original depreciated basis, the part that's genuine capital gain, is what qualifies for the 50% exclusion (and the $10 million tier, if the gain is large enough). Sizing that split before you list a property, how much of the total gain is recapture versus appreciation, changes both the federal and Arkansas numbers, and it's worth doing before a sale closes rather than at filing time.

Worked example: you sell a rental for a $300,000 total gain, of which $80,000 is depreciation recapture and $220,000 is appreciation. Arkansas taxes the $80,000 recapture in full at 3.7%, for $2,960. The $220,000 appreciation gets the 50% exclusion, so $110,000 is taxable at 3.7%, for $4,070. Arkansas total: $7,030. The exclusion only ever applied to the appreciation slice.

Watch Out

A cost-segregated property has a bigger recapture slice

If you cost-segregated a rental or claimed accelerated depreciation to shelter income during ownership, the recapture portion at sale can be larger than expected, and none of it benefits from Arkansas's exclusions. Run the accumulated-depreciation number before listing so the exclusion math in your planning isn't overstated.

What changed in Arkansas

Rate and rule changes for recent tax years and changes already enacted for future years, each linked to the state source. Sources last checked September 12, 2026.

Tax year 2025

  • In effect

    Top rate 3.9% for 2025

    The 3.9% top rate enacted in the 2024 extraordinary session applied for tax year 2025.

    Effective January 1, 2025. Source: Arkansas DFA: individual income tax, checked September 2, 2026.

Tax year 2026

  • In effect

    Top rate cut to 3.7%, retroactive to January 1, 2026

    Acts 1 and 2 of the 2026 special session cut the top individual rate from 3.9% to 3.7%, retroactive to January 1, 2026, and recalculated the bracket adjustment for income just under the top-rate threshold. The $6,000 retirement income exemption did not change.

    Effective January 1, 2026. Enacted May 6, 2026. Act 2 of the 2026 First Extraordinary Session. Source: Arkansas Legislature: Act 2 (2026 special session), checked September 12, 2026.

Educational, not individualized tax advice. Rates shown are statutory; your result depends on residency, filing status, and the income involved.

Arkansas Capital Gains FAQs

How much is capital gains tax in Arkansas?

Arkansas exempts 50% of net capital gain from state income tax, so only half of your gain is ever taxed at your regular Arkansas rate, up to the 3.7% top marginal rate for 2026. On top of that, any net capital gain above $10 million in a single tax year is exempt entirely, not just half of it. That combination makes Arkansas one of the more favorable states in the country for a large asset sale.

What is Arkansas's 50% capital gains exclusion, exactly?

Under Arkansas Code Section 26-51-815(b)(2)(C), 50% of net capital gain has been exempt from Arkansas state income tax since July 1, 2016. Arkansas follows the federal definition of net capital gain, so this is the same net long-term gain (in excess of any net short-term loss) that shows up on your federal return. Practically, only half of a long-term gain ever reaches your Arkansas taxable income before the state's regular rate applies to what's left.

What is the $10 million capital gains exclusion in Arkansas?

This is Arkansas's signature, and unusual, provision. Under Section 26-51-815(b)(3), the portion of a net capital gain that exceeds $10,000,000 in a single tax year is fully exempt from Arkansas income tax, on top of the standard 50% exclusion that applies to gain below that threshold. In practice, a large gain gets taxed in two tiers: the first $10 million is 50% exempt, and everything above $10 million is 100% exempt. There's no other state provision quite like it, and it matters most for business owners and investors selling a company, a large real estate portfolio, or a concentrated stock position in one tax year.

What is Arkansas's top income tax rate for 2026?

3.7%. Arkansas has cut its top individual income tax rate four times since 2023: from 4.9% down through 4.4%, then 3.9%, and most recently to 3.7% during a special legislative session that Governor Sarah Huckabee Sanders called in early May 2026. The bill was signed May 6, 2026, and applies retroactively to January 1, 2026. Given how frequently the legislature has revisited this rate, it's worth confirming the figure in effect for the specific tax year you're modeling a sale in, rather than assuming 3.7% holds indefinitely.

Does the 50% exclusion apply to depreciation recapture on a rental sale?

No. Depreciation recapture is treated as ordinary income for federal purposes, not capital gain, so it falls outside the net capital gain that Arkansas's exclusion statute exempts. Recapture on a rental or business property sale is taxed at your full Arkansas ordinary rate, up to 3.7%, with no 50% discount. Only the appreciation above your depreciated basis, the part that is genuine capital gain, qualifies for the exclusion.

Do federal capital gains rates and the 3.8% NIIT still apply on top of Arkansas's exclusion?

Yes. Arkansas's 50%/$10 million exclusion only changes what the state taxes. Federally, your long-term gain is still taxed at 0%, 15%, or 20% depending on your bracket, and the 3.8% net investment income tax applies above the usual $200,000 (single) or $250,000 (married filing jointly) MAGI thresholds. For a large sale that clears the $10 million mark, the federal layer is typically the larger piece of the total bill by a wide margin, since Arkansas's tax on that portion drops to zero.

Selling a business, rental, or large position in Arkansas?

We model the 50% exclusion, the $10 million tier, the recapture carve-out, and the federal stack together, before the sale locks your options. Nationwide remote firm with a deep real estate and business-sale practice.

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