Montana Capital Gains Tax, Explained
A separate, lower rate schedule for long-term gains, 3.0% or 4.1%, sitting well below Montana's 4.7%/5.65% ordinary rates. Here's how the math actually works after the 2025 reform.
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Quick Answer
Montana keeps a separate, lower rate schedule for long-term capital gains, taxed at 3.0% or 4.1%, well below the state's 4.7%/5.65% ordinary income rates. Sell an asset held over a year for a $150,000 gain and, if your income already puts you in the top bracket, Montana taxes it at 4.1%, about $6,150, versus roughly $8,475 if that same income were taxed at the top ordinary rate. Short-term gains get no discount at all. Stack the federal 0/15/20% brackets and the 3.8% NIIT on top, and run your combined number in our capital gains tax calculator.
A Genuinely Separate Rate Schedule
Most states either tax capital gains as ordinary income with no discount, or run a percentage exclusion off the top. Montana does neither. Under Mont. Code Ann. 15-30-2103, net long-term capital gain, gain on an asset held more than one year, as defined by IRC section 1222, gets its own rate table entirely: 3.0% on the first bracket and 4.1% above it. Short-term gains get no such table; they're ordinary income, full stop.
Montana's 2025 tax reform, House Bill 337, rewrote the ordinary income brackets for tax years 2026 and 2027, widening the lower bracket and cutting the top rate. For 2026, ordinary income is taxed at 4.7% up to $47,500 (single/married filing separately), $71,250 (head of household), or $95,000 (married filing jointly), then 5.65% above those thresholds. HB 337 left the capital gains rate structure itself untouched, it kept the 3.0%/4.1% schedule and simply aligned the bracket thresholds to match the new ordinary-income numbers.
| Filing status | 2026 threshold | Ordinary rate | Long-term gains rate |
|---|---|---|---|
| Single / MFS / trusts | Up to $47,500 / above | 4.7% / 5.65% | 3.0% / 4.1% |
| Head of household | Up to $71,250 / above | 4.7% / 5.65% | 3.0% / 4.1% |
| Married filing jointly | Up to $95,000 / above | 4.7% / 5.65% | 3.0% / 4.1% |
Worked example: a single filer with wages already well above $47,500 sells an asset held two years for a $150,000 long-term gain. That gain lands in the 4.1% bracket, so Montana tax on the sale is $6,150. If that same $150,000 were ordinary income instead (a short-term gain, or a bonus), it would land in the 5.65% bracket, for $8,475, a difference of $2,325 just for holding the asset past one year.
Montana rewards patience twice
Crossing the one-year holding line does two things at once federally and in Montana: it drops you from ordinary federal rates (up to 37%) to the 0/15/20% long-term brackets, and it moves you from Montana's 4.7%/5.65% ordinary rates into the state's own 3.0%/4.1% long-term schedule. For a seller near the anniversary date, waiting is one of the highest-paying moves on the table.
What HB 337 Actually Changed
Montana simplified its individual income tax structure for tax years 2026 and 2027 through House Bill 337. The reform widened the bottom bracket (more income taxed at the lower ordinary rate before hitting the top rate) and reduced the top ordinary rate itself, from prior-law levels down to 5.65% for 2026 and 5.4% for 2027. The bill also raised Montana's earned income tax credit to 20% of the federal EITC starting in 2026.
For capital gains specifically, the headline is what didn't change: the 3.0%/4.1% preferential rate structure under Mont. Code Ann. 15-30-2103 stayed in place. Sellers who assumed the reform collapsed Montana onto a single flat rate for everything, gains included, are working from the wrong number. The gap between ordinary and long-term capital gains rates is real going into 2026 and narrows only slightly with the 2027 ordinary-rate cut.
Selling a rental in Montana? 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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Stacking the Federal Layer on Top
Montana's reduced rate only ever touches the state return. The federal government taxes the same gain under its own rules: 0%, 15%, or 20% for long-term gains depending on your bracket, ordinary rates up to 37% for short-term gains, and the 3.8% net investment income tax layered on above $200,000 MAGI (single) or $250,000 (married filing jointly).
Put the two systems together and a high-income Montana seller's true all-in rate on a long-term gain runs roughly 20% federal (15% or 20% LTCG plus 3.8% NIIT) plus about 3.0% to 4.1% state, landing somewhere near 24% to 28% combined. A short-term gain at the top of both systems, ordinary federal rates up to 37% plus the 3.8% NIIT plus Montana's uncushioned 5.65%, can run closer to 46%.
| Scenario | Federal rate | Montana rate | Approx. combined |
|---|---|---|---|
| Long-term gain, top MT bracket | 20% + 3.8% NIIT | 4.1% | ≈28% |
| Long-term gain, 15% federal bracket | 15% | 3.0-4.1% | ≈18-19% |
| Short-term gain, top MT bracket | Up to 37% + 3.8% NIIT | 5.65% | ≈46% |
Everything that reduces the federal gain, loss harvesting, timing a sale into a lower-income year, or an installment sale that spreads income across years, reduces the Montana number in the same motion, since Montana's rate schedule applies to whatever net long-term gain shows up on the federal return.
Selling a Rental: Recapture Doesn't Get the Reduced Rate
This is where rental and farm-building sellers trip up. Montana's 3.0%/4.1% schedule applies to net long-term capital gain as IRC section 1222 defines it, and that federal definition already carves out amounts treated as ordinary income because of depreciation recapture. Practically: the depreciation you claimed on a rental comes back as recapture, taxed federally at up to 25% (unrecaptured Section 1250 gain) and by Montana at the full 4.7%/5.65% ordinary rate, not the reduced capital gains schedule.
Worked example: you sell a rental for a $200,000 total gain, of which $60,000 is depreciation recapture and $140,000 is appreciation, and you're in the top federal and Montana brackets. Federal: $60,000 x 25% = $15,000, plus $140,000 x 15% (assumed federal LTCG bracket) = $21,000. Montana: the $60,000 recapture is taxed at the ordinary 5.65% rate = $3,390; the $140,000 appreciation gets the long-term rate at 4.1% = $5,740. Montana total: $9,130. Only the appreciation slice, not the recapture, ever sees the 3.0%/4.1% schedule.
Cost segregation raises the recapture bill later
If you cost-segregated a rental or claimed aggressive depreciation to shelter income during ownership, the recapture slice at sale is larger, and none of it benefits from Montana's reduced long-term rate. Run the accumulated-depreciation number before listing so the state tax estimate on the sale isn't understated.
See our depreciation recapture calculator to model the split before you list.
Ranches, Second Homes, and Out-of-State Buyers
Montana's ranch country, mountain towns, and lake properties draw a steady stream of out-of-state buyers, and eventually, sellers. The rule that catches people off guard: Montana real property is Montana-source income no matter where the owner lives when the sale closes. A Colorado or California resident who owns a Montana ranch or cabin still files a Montana nonresident return and pays Montana tax, at the same 3.0%/4.1% long-term rates, on the gain.
The federal Section 121 exclusion ($250,000 single, $500,000 married filing jointly) only applies if the property was your primary residence for two of the last five years. A second home, hunting cabin, or ranch used seasonally doesn't qualify, which means the full gain, appreciation that in Montana's high-demand recreational-property markets can be substantial, is exposed to Montana's rate schedule and the federal 0/15/20% brackets with no exclusion cushion.
Considering converting a Montana second home into your primary residence before selling, or holding a ranch as a working operation versus a personal retreat? Those decisions change both the federal exclusion analysis and how the sale gets characterized. See Should You Sell or Rent Your House? for the framework, and get the Montana-specific numbers modeled before a listing goes live.
What changed in Montana
Rate and rule changes for recent tax years and changes already enacted for future years, each linked to the state source. Sources last checked October 19, 2026.
Tax year 2026
- In effect
Top rate cut to 5.65%; wider 4.7% bracket
House Bill 337 (2025) cuts the top rate from 5.9% to 5.65% for 2026 and widens the 4.7% bracket to the first $47,500 of taxable income for single filers ($95,000 joint).
Effective January 1, 2026. HB 337 (2025). Source: Montana DOR: tax simplification resource hub, checked October 19, 2026.
Tax year 2027
- Scheduled
Top rate scheduled to fall to 5.4%
HB 337 cuts the top rate again to 5.4% for 2027 and widens the lower bracket to $65,000 for single filers.
Effective January 1, 2027. HB 337 (2025). Source: Montana DOR: tax simplification resource hub, checked October 19, 2026.
Educational, not individualized tax advice. Rates shown are statutory; your result depends on residency, filing status, and the income involved.
Montana Capital Gains FAQs
Does Montana still tax capital gains at a lower rate than ordinary income?
Yes. Montana is one of the few states that keeps a separate, lower rate schedule specifically for net long-term capital gains, taxed at 3.0% or 4.1% depending on income, versus 4.7% or 5.65% for ordinary income like wages. This survived Montana's 2025 tax reform (House Bill 337), which simplified the ordinary-income brackets but left the capital gains rate structure in place, just adjusted to match the new thresholds.
What are Montana's long-term capital gains tax brackets for 2026?
For single filers and married filing separately, 3.0% applies up to $47,500 of combined nonqualified income and long-term gains, then 4.1% above that. Head of household uses a $71,250 threshold, and married filing jointly uses $95,000. These are the same dollar thresholds as the 2026 ordinary-income brackets under HB 337, but the capital gains rates sitting on top of them are lower: 3.0%/4.1% instead of 4.7%/5.65%.
How does the capital gains rate actually stack with my other income?
Montana determines your bracket using your total Montana taxable income, wages plus gains combined, then applies the lower 3.0%/4.1% rates only to the portion of that total that is net long-term capital gain. A high earner whose wages alone already exceed the threshold pays the top 4.1% rate on the entire gain; someone with modest wages and a large gain still gets some of it taxed at 3.0% before crossing into 4.1%.
Does short-term capital gain get the same reduced rate?
No. The preferential 3.0%/4.1% schedule under Mont. Code Ann. 15-30-2103 applies only to net long-term capital gains, gains on assets held more than one year, as defined by IRC section 1222. Short-term gains are ordinary income and are taxed at Montana's regular 4.7%/5.65% brackets, the same rates that apply to wages.
Do federal capital gains rates and the 3.8% NIIT still apply on top of Montana tax?
Yes. Montana's reduced rate only affects the state return. Federally, a 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, unindexed. Add Montana's 3.0% or 4.1% on top of the federal number to get your true all-in rate on a sale.
Does Montana tax the gain on selling a second home or ranch bought while I lived elsewhere?
Yes, real property located in Montana is Montana-source income regardless of where you live when you sell it, and a nonresident owner still files a Montana return and pays Montana tax on that gain, at the same 3.0%/4.1% long-term rates. A primary residence generally gets the federal Section 121 exclusion, but a second home, cabin, or ranch used only part of the year typically does not qualify, so the appreciation is fully exposed to both the state and federal capital gains stack.
Capital gains tax by state
Selling Montana real estate or a large long-term gain?
We model the 3.0%/4.1% rate schedule, the recapture carve-out, and the federal stack together, before the sale locks your options. Nationwide remote firm with deep real estate and multi-state practice.
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