Vermont Capital Gains Tax, Explained
No separate rate, just ordinary brackets up to 8.75%, plus a choice between a flat $5,000 exclusion or a 40% exclusion capped at $350,000. Here's the actual math.
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Quick Answer
Vermont taxes capital gains as ordinary income under its regular graduated brackets, topping out at 8.75%. Before that rate applies, you get to pick the bigger of two exclusions: a flat $5,000 off any adjusted net capital gain, or 40% of the gain (assets held over three years) capped at $350,000 excluded. Sell a qualifying asset held four years for a $200,000 gain and the 40% option excludes $80,000, leaving $120,000 taxable at 8.75%, about $10,500 in Vermont tax, versus roughly $17,063 using the flat $5,000 option instead. Run your numbers in our capital gains tax calculator.
No Special Rate: Gains Ride the Ordinary Brackets
Unlike states that carve out a discounted rate for long-term gains, Vermont simply adds your capital gain to the rest of your income and runs it through the state's regular graduated brackets. For 2026, single filers pay 3.35% up to $45,400, 6.60% up to $110,050, 7.60% up to $229,550, and 8.75% above that. Married filing jointly thresholds run roughly double. There's no distinction between short-term and long-term gains in the rate itself, the holding period only matters for whether you qualify for the exclusion described below.
| Vermont taxable income (single) | 2026 rate |
|---|---|
| $0 to $45,400 | 3.35% |
| $45,400 to $110,050 | 6.60% |
| $110,050 to $229,550 | 7.60% |
| Above $229,550 | 8.75% |
Because a large capital gain stacks on top of your other income, a sizable sale can push the whole household into the top 8.75% bracket for the year, even if your normal wage income sits comfortably in a lower one. That's exactly the scenario the exclusion below is built to soften.
The Exclusion: $5,000 Flat or 40% Capped at $350,000, Whichever Wins
This is Vermont's signature move on capital gains, and it's more nuanced than a single flat discount. You get to choose between two exclusions, but not both in the same year. Option one: a flat $5,000 exclusion of your adjusted net capital gain, available no matter how long you held the asset. Option two: a 40% exclusion of adjusted net capital gain from assets held more than three years, capped at $350,000 of excluded gain, a cap that's been in place since July 1, 2019. You pick whichever exclusion produces the bigger tax reduction for the year.
Because $350,000 is 40% of $875,000, the percentage exclusion effectively maxes out once your qualifying gain reaches $875,000. Every dollar of qualifying gain above that line is fully taxable at your ordinary bracket, with no further discount. For a business sale, a large timber tract, or a concentrated position that qualifies for the 40% treatment, that $875,000 breakpoint is the number to model against before assuming the exclusion covers the whole transaction.
| Gain size (qualifying asset, held 3+ years) | Better exclusion choice | Excluded amount | Taxable amount |
|---|---|---|---|
| $10,000 | $5,000 flat | $5,000 | $5,000 |
| $50,000 | 40% option | $20,000 | $30,000 |
| $200,000 | 40% option | $80,000 | $120,000 |
| $875,000 or more | 40% option (capped) | $350,000 (max) | Remainder above $875,000 fully taxable |
Worked example: sell an asset held four years, not real estate, not publicly traded stock, for a $200,000 gain, and you're in Vermont's top bracket. The 40% option excludes $80,000, leaving $120,000 taxable, or $10,500 at 8.75%. The flat $5,000 option would leave $195,000 taxable, or $17,062.50, nearly $6,563 more. On a gain this size, the 40% option almost always wins, but for small gains under about $12,500, the flat $5,000 exclusion can actually exclude a larger share of the gain than 40% would.
The crossover point is around $12,500 of gain
At exactly $12,500 of qualifying gain, 40% of the gain equals $5,000, the same as the flat exclusion. Below that, the flat $5,000 excludes a bigger percentage of a small gain. Above it, the 40% option pulls ahead, until the $350,000 cap flattens the benefit out again on very large gains. Run both numbers before filing rather than assuming the percentage option is always better.
Vermont sellers: 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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What Doesn't Qualify for the 40% Exclusion
The 40% exclusion doesn't apply to every kind of gain. The regulation specifically excludes three categories from the percentage option: gain from the sale of real estate used as a primary or non-primary residence, gain from depreciable personal property other than farm property and standing timber, and gain from stocks and bonds that are publicly traded or traded on an exchange or other financial instrument. Sell your house, a rental's furnishings, or a brokerage account position, and none of that gain gets the 40% treatment, though it can still use the flat $5,000 exclusion.
There's a specific carve-back worth knowing if you're in Vermont's farm and forestry economy: farm property and standing timber are depreciable personal property too, but the regulation exempts them from the general depreciable-property exclusion. That means qualifying farm equipment, farm real property, and standing timber held over three years remain eligible for the 40% exclusion even though most other depreciable property doesn't.
The holding-period and asset-type rules need a real review before a sale closes
Whether a specific parcel, business interest, or piece of property meets the three-year holding requirement and falls outside the residence, depreciable-property, and publicly-traded carve-outs is a facts-and-documents question, not something to assume from a general description. Before modeling a large Vermont sale around the 40% exclusion, confirm the asset's classification against the actual regulation with your CPA.
Stacking the Federal Layer on Top
Vermont's exclusion only ever touches 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, 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 Vermont seller with a large, exclusion-eligible long-term gain can land near 25 to 27% combined once the federal 20% bracket, the 3.8% NIIT, and Vermont's discounted 40%-excluded state number are stacked. A short-term or non-qualifying gain at the top of both systems, real estate that doesn't qualify for the exclusion, for instance, can run well past that once Vermont's uncushioned 8.75% and federal ordinary rates are both in play.
| Scenario | Federal rate | Vermont effective rate | Combined |
|---|---|---|---|
| Long-term gain, 40% exclusion applies, top VT bracket | 20% + 3.8% NIIT | ≈5.25% | ≈29% |
| Long-term gain, no VT exclusion (e.g. home sale excess), top bracket | 20% + 3.8% NIIT | 8.75% | ≈33% |
| Short-term gain, top federal and VT bracket | Up to 37% + 3.8% NIIT | 8.75% | ≈50% |
The planning takeaway: anything that reduces your federal adjusted net capital gain, loss harvesting, timing a sale into a lower-income year, or an installment sale that spreads income across years, flows through to the Vermont number too, since both the state's ordinary-bracket base and its exclusion math key off the federal figure.
Selling a Rental: Residence and Recapture Rules Both Apply
A rental sale in Vermont raises two separate questions, and neither has a fully settled answer without a closer read of your specific facts. First, the residence carve-out: the 40% exclusion doesn't reach real estate used as a primary or non-primary residence, and it isn't fully clear from public guidance whether a rental you've never personally occupied falls outside that carve-out or gets swept into it under the "non-primary residence" language. Second, recapture: the exclusion only reaches gain that counts as federal adjusted net capital gain, and depreciation recapture on a rental is generally treated as ordinary income federally, which raises the same eligibility question the 40% exclusion applies to statewide.
Until both points are confirmed against the regulation and current Department of Taxes guidance for your specific transaction, the conservative planning assumption for a Vermont rental sale is that the appreciation slice may or may not qualify for the 40% exclusion depending on how the property was used, and that recapture is very likely taxed in full at your ordinary Vermont bracket, same as most other states handle it.
What changed in Vermont
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 2, 2026.
Tax year 2025
- In effect
Higher Social Security thresholds; uncapped military exclusion
2025 Act 71 raised the Social Security and CSRS exemption thresholds to $55,000 single and $70,000 joint and removed the $10,000 cap on the military retirement exclusion, with its own $125,000 to $175,000 phaseout. The thresholds are not indexed and carry into 2026.
Effective January 1, 2025. 2025 Act 71. Source: Vermont Department of Taxes: Social Security exemption, checked September 2, 2026.
Educational, not individualized tax advice. Rates shown are statutory; your result depends on residency, filing status, and the income involved.
Vermont Capital Gains FAQs
How much is capital gains tax in Vermont?
Vermont doesn't have a separate capital gains rate. It taxes capital gains as ordinary income under the same graduated brackets as wages: 3.35%, 6.60%, 7.60%, and 8.75% for 2026, with the top rate starting around $229,550 of taxable income for single filers. Before that bracket math applies, Vermont lets you subtract an exclusion, either a flat $5,000 or 40% of the gain (capped at $350,000) for assets held over three years, whichever saves you more.
What is Vermont's capital gains exclusion, exactly?
Under 32 V.S.A. Section 5811(21) and Regulation 1.5811(21)(B)(ii), Vermont gives you a choice between two exclusions on your state return: a flat $5,000 exclusion of adjusted net capital gain, available regardless of how long you held the asset, or a 40% exclusion of adjusted net capital gain from assets held more than three years, capped at $350,000 of excluded gain. You pick whichever produces the bigger tax reduction, but you cannot use both in the same tax year.
Why is the 40% exclusion capped at $350,000?
Vermont capped the 40% exclusion at $350,000 of excluded gain effective July 1, 2019. Since $350,000 is 40% of $875,000, that means once your qualifying gain clears $875,000, everything above that line gets no benefit from the percentage exclusion and is taxed in full at your ordinary bracket. Large sales, a business, a big timber tract, a concentrated stock position eligible for the exclusion, should be modeled against that $875,000 breakpoint before assuming the 40% discount applies to the whole gain.
Does the 40% exclusion apply to selling my home or a rental?
Not your home, and only partly a rental. The 40% exclusion specifically excludes gain from the sale of real estate used as a primary or non-primary residence, so that gain doesn't qualify for the 40% break at all (it can still use the flat $5,000 exclusion, or the federal Section 121 home-sale exclusion before Vermont's tax even starts). It also excludes non-farm depreciable personal property and publicly traded stocks and bonds. Farm property and standing timber, by contrast, are specifically carved back in as eligible for the 40% exclusion despite being depreciable.
Does the exclusion apply to depreciation recapture on a rental sale?
The 40% exclusion only ever reaches gain that counts as federal 'adjusted net capital gain.' Depreciation recapture on a rental, the portion of gain federal law treats as ordinary income or unrecaptured Section 1250 gain rather than true capital gain, sits outside that definition and doesn't get excluded. It flows onto your Vermont return and is taxed at your full ordinary bracket, same as wages, regardless of which exclusion option you pick for the rest of the gain.
Do federal capital gains rates and the 3.8% NIIT still apply on top of Vermont's tax?
Yes. Vermont's exclusion only affects the state return. 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. Stack both systems to get your true all-in rate on a sale.
Capital gains tax by state
Selling an asset with Vermont's exclusion on the table?
We model the $5,000-versus-40% choice, the residence and recapture carve-outs, 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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