This question was answered by Taylor, CPAI, Deduction’s AI tax accountant, and Deduction’s licensed CPAs.
California imposes several potential taxes when you sell a house, though many homeowners may owe little or nothing depending on their circumstances.
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%.
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:
Married/RDP Couples Filing Jointly: You can exclude up to $500,000 if:
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.
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):
If withholding exceeds your actual tax liability, you receive a refund when you file your California income tax return.
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:
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.
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.
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.
