What taxes does California impose on the sale of a house?

This question was answered by Taylor, CPAI, Deduction’s AI tax accountant, and Deduction’s licensed CPAs.

Last updated:
Sep 2026

California imposes several potential taxes when you sell a house, though many homeowners may owe little or nothing depending on their circumstances.

1. California State Income Tax on Capital Gains

Key Point: California taxes capital gains as ordinary income

Unlike the federal government, California does not have preferential tax rates for long-term capital gains. Any taxable gain from selling a house is added to your ordinary income and taxed at California's progressive income tax rates, which range from 1% to 13.3% (2024/2025).

Additionally, if your taxable income exceeds $1,000,000, an extra 1% Behavioral Health Services Tax (previously Mental Health Services Tax) applies, bringing the maximum rate to 14.4%.

2. Primary Residence Exclusion

California conforms to the federal IRC Section 121 exclusion for the sale of a principal residence. According to the California Franchise Tax Board:

Single Filers: You do not have to report the sale if all of the following apply:

  • Your gain from the sale is not more than $250,000
  • You owned and used the home as your principal residence for at least 2 of the 5 years before the sale
  • During the 2-year period ending on the date of sale, you did not exclude gain from the sale of another home

Married/RDP Couples Filing Jointly: You can exclude up to $500,000 if:

  • Either spouse meets the 2-year ownership test
  • Both spouses meet the 2-year use test
  • Neither spouse excluded gain from another home sale in the past 2 years

Any gain exceeding the exclusion amount is taxable. If you qualify for the exclusion and your gain doesn't exceed the limit, you don't need to report the sale on your California return.

3. Real Estate Withholding

California requires withholding at the close of escrow on real estate sales. This is a prepayment of income tax, not an additional tax.

Standard Withholding Rate: 3⅓% (0.0333) of the sales price

Alternative Withholding Calculation: Sellers can elect to have withholding calculated based on the estimated gain multiplied by their applicable tax rate.

Exemptions from Withholding (no withholding required if):

  • The property qualifies as your principal residence under IRC Section 121
  • The property was last used as your principal residence
  • You have a loss or zero gain on the sale
  • The transaction is a 1031 like-kind exchange
  • Other specific exemptions apply

If withholding exceeds your actual tax liability, you receive a refund when you file your California income tax return.

4. Documentary Transfer Tax (County & City)

This is a transfer tax imposed at recording when ownership changes.

County Rate (Statewide): $1.10 per $1,000 of sales price (or $0.55 per $500)

Example: A home sold for $800,000 would owe $880 in county documentary transfer tax.

City Transfer Taxes: Many California cities impose additional transfer taxes that vary significantly:

City City Tax Rate (per $1,000) Total with County
Most cities $0.55 $1.10
Los Angeles $4.50 $5.60
Santa Monica $3.00 $4.10
San Francisco $7.50+ (tiered) $7.50+
Oakland $15.00+ (tiered) $16.10+
Culver City $4.50 $5.60

Some cities have adopted tiered rates where higher-priced properties pay significantly more. For example, Los Angeles added Measure ULA in 2023, imposing a 4% tax on sales over $5 million and 5.5% on sales over $10 million.

Documentary transfer tax is typically negotiable between buyer and seller as to who pays.

Summary: Potential Taxes on a California Home Sale

Tax Type Rate / Amount Who Pays Notes
State Capital Gains Tax 1% – 14.4% of taxable gain Seller Taxed as ordinary income
Primary Residence Exclusion Up to $250K (single) / $500K (married) N/A Must meet ownership and use tests
Real Estate Withholding 3⅓% of sales price (or based on gain) Withheld from seller Prepayment of income tax; exemptions available
County Transfer Tax $1.10 per $1,000 Negotiable Statewide rate
City Transfer Tax $0 to $30+ per $1,000 Negotiable Varies widely by city

Example Calculation

Scenario: A married couple sells their primary residence in Los Angeles for $1,500,000. They purchased it 10 years ago for $600,000 and have $50,000 in selling expenses.

  • Gain: $1,500,000 - $600,000 - $50,000 = $850,000
  • Taxable Gain (after $500,000 exclusion): $350,000
  • Estimated CA State Tax: $350,000 × ~9.3% (estimated marginal rate) = ~$32,550
  • Real Estate Withholding: Exempt (principal residence)
  • County Transfer Tax: $1,500,000 × 0.0011 = $1,650
  • City Transfer Tax (LA): $1,500,000 × 0.0045 = $6,750
  • Total Transfer Tax: $8,400

Related Questions

Sources:

Income from the Sale of Your Home - FTB 

FTB Publication 1016, Real Estate Withholding Guidelines

2025 Instructions for Form 593, Real Estate Withholding Statemen

FTB Publication 1100, Taxation of Nonresidents and Individuals Who Change Residency 

Instructions for California Schedule D (540) – Reporting capital gains and losses 

Tax Calculator, Tables, Rates – Current California income tax rates 

The information provided does not, and is not intended to, constitute legal advice.

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