Maine Capital Gains Tax, Explained
No special rate, just your ordinary graduated bracket up to 7.15%, plus a nonresident withholding rule that surprises out-of-state cottage sellers at the closing table.
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Quick Answer
Maine taxes capital gains as ordinary income at its graduated rates of 5.8%, 6.75%, or 7.15%, whatever bracket your total taxable income lands in. There's no special long-term rate and no holding-period discount. A $150,000 gain taxed in the top bracket costs about $10,725 in Maine tax. Stack the federal side (0/15/20% plus the 3.8% NIIT for higher earners) on top, and see the full federal capital gains brackets guide. Run your combined number in our capital gains tax calculator.
Maine's Graduated Brackets: Where Your Gain Actually Lands
Maine runs three ordinary-income brackets, and a capital gain simply stacks on top of your other income to determine which bracket the gain itself falls into. For 2026, single filers pay 5.8% up to $27,400 of taxable income, 6.75% on the next slice up to $64,850, and 7.15% above that. Married couples filing jointly see the same three rates at roughly double the thresholds: 5.8% up to $54,850, 6.75% up to $129,750, and 7.15% above that.
Because gains stack on top of ordinary income, a large one-time sale, an inherited camp on the water, a business you built over twenty years, almost always pushes the gain itself into the 7.15% bracket even if your regular income sits lower down the schedule.
| Maine taxable income (MFJ) | Rate on that slice | What it means for a gain |
|---|---|---|
| Up to $54,850 | 5.8% | Rare for a gain to land entirely here unless income is otherwise low |
| $54,850 to $129,750 | 6.75% | Where the middle of most mid-size gains falls |
| Above $129,750 | 7.15% | Where the bulk of a large one-time sale typically lands |
A worked example: the $150,000 sale
A married couple with $95,000 of ordinary income sells an investment property for a $150,000 gain. Combined taxable income lands well above the $129,750 top-bracket threshold, so most of that $150,000 gain is taxed at Maine's 7.15% rate, roughly $10,725 in state tax alone, before a dollar of federal tax is calculated.
The Federal Layer Stacks Right On Top
Maine's rate is only half the picture. Hold the asset over a year and the federal government taxes the gain at 0%, 15%, or 20% depending on your income, all separate from Maine's flat ordinary treatment. Sell within a year and the federal rate jumps to your ordinary bracket, up to 37%. Higher earners also carry the federal 3.8% Net Investment Income Tax on top of either rate. See the full breakdown in our federal capital gains brackets guide.
Combine the two systems and a long-term seller in Maine's top bracket, in the federal 15% bracket, with NIIT applying, is looking at roughly 26 percent combined on the gain: 7.15% Maine + 15% federal + 3.8% NIIT. A short-term seller in a high federal bracket can clear 45% combined. The holding period does nothing for Maine, but it's still the single highest-leverage lever on the federal side.
Model both layers before you set a closing date
Because Maine ignores holding period entirely, the whole one-year-versus-not decision is a federal question. Run the combined number in the capital gains calculator before you pick a closing date near the anniversary of purchase, the federal swing alone is often five figures on a large sale.
Selling a Coastal Cottage as a Nonresident: The 2.5% Withholding Rule
Maine's coast, islands, and lake country draw a steady stream of out-of-state buyers, retirees from Massachusetts and New York, physicians who want a summer place, families who inherited a camp and live three states away. That creates a large population of nonresident owners, and Maine has a specific rule aimed squarely at them when they sell.
If you don't live in Maine and you sell Maine real estate for $100,000 or more, the buyer is legally required to withhold 2.5% of the total sale price, not the gain, the full price, and send it to Maine Revenue Services within 30 days using Form REW-1. This is a cash-flow event most out-of-state sellers don't see coming until it shows up as a line item at closing.
2.5% of price is not the same as your actual tax bill
On a modest-margin sale, the property was inherited decades ago or bought cheap in the 1990s, 2.5% of the sale price can withhold far more than your real Maine tax liability, which is calculated on the gain, not the price. That mismatch is exactly what Form REW-5 exists to fix.
Maine built a release valve. File Form REW-5 at least five business days before closing, and if 7.15% of your actual realized gain is less than 2.5% of the sale price, Maine will approve the lower withholding amount instead. Worked example: you sell a coastal property for $400,000 that you've owned since the 1990s, with only a $60,000 taxable gain after basis and improvements. Default withholding would be $10,000 (2.5% of price). Your estimated actual liability is roughly $4,290 (7.15% of gain). Filing Form REW-5 on time can close that $5,700 gap before the money ever leaves the closing table, instead of waiting a year to claim it back on a Maine nonresident return.
Full guide on the downstream number: rental property depreciation calculator for owners who rented the property before selling, since recapture adds to the taxable gain that both the withholding comparison and your Maine return are built on.
1031 Exchanges: Maine Follows the Federal Deferral
Because Maine's tax base is built directly from your federal adjusted gross income, a properly structured 1031 like-kind exchange defers the Maine gain the same way it defers the federal one. There's no separate Maine election, no separate state form to track the deferred basis, the deferral simply carries through automatically. That makes 1031 exchanges on Maine investment real estate, coastal rentals, timberland, commercial buildings, a straightforward way to defer both layers of tax at once.
One thing that doesn't disappear automatically: Maine's nonresident real estate withholding still applies to the closing itself, even inside a qualifying exchange. If you're a nonresident doing a 1031 exchange on Maine property, file Form REW-5 with a copy of the exchange agreement before closing to claim the withholding exemption, otherwise the 2.5% gets withheld on a sale where you owe no current tax at all. See our full 1031 exchange rules guide for the mechanics and timelines.
Deferral is automatic, withholding relief is not
The federal-to-state deferral happens without you asking. The withholding exemption does not, it requires a timely REW-5 filing with the exchange paperwork attached. Miss that step and you're waiting on a refund instead of closing clean.
Retiring to Maine or Selling the Camp: What Changes
Two different situations get confused constantly, worth separating clearly. First: you move to Maine and become a resident, then later sell an out-of-state asset. Once you're a Maine resident, gains from stocks, businesses, and most intangible property are generally taxed by Maine regardless of where the asset is located, residency drives the tax, not the location of the sale.
Second: you're a lifelong out-of-state family with a Maine camp or cottage passed down for generations, and you finally sell it without ever becoming a Maine resident. That's the nonresident real estate withholding scenario from the section above, the 2.5%-of-price rule applies at closing regardless of how long the family has owned the property or how it was acquired.
A third group sits in between: people who owned Maine real estate as residents, then moved away, and are selling years later as nonresidents. Maine-source real estate stays taxable to Maine no matter where the seller lives at the time of sale, the withholding and gain-recognition rules above apply the same way they would to someone who never lived in the state.
Wherever you land in that picture, a six-figure gain with tax withheld at closing usually still means a Maine nonresident (or resident) return has to be filed the following spring to true up the actual liability against what was withheld, and often a federal estimated tax payment is needed in the same quarter as the sale if withholding alone doesn't cover the federal side.
Maine Capital Gains FAQs
Capital gains tax by state
Selling Maine real estate, or a large gain of any kind?
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