Colorado · Capital Gains

Defer Capital Gains Tax on a Sale in Colorado

Colorado taxes capital gains as ordinary income (4.4%), and that stacks on federal capital gains and the 3.8% NIIT. Here's how to spread the gain across years and keep more of it.

Hans Goldstein, NPN 20602398

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📞 Hans Goldstein · 213-290-4977 · CA Insurance License #4322192 · Independent §453 specialist · Goldstein & Co. LLC

Colorado taxes capital gains as ordinary income, a flat 4.4%. On its own that may sound modest, but stacked on the federal rate (up to 20%) and the 3.8% Net Investment Income Tax, a one-year sale of a business, building, or appreciated asset still takes a serious bite. Colorado's growth has created big real estate and business gains, all taxed at the flat 4.4% on top of the federal bite.

Why spreading the gain helps

The federal tax, the 3.8% surtax, and your Colorado tax are all driven by recognizing the gain in a single year. A §453 structured installment sale lets you receive the proceeds, and pay the tax, over a schedule of future years, keeping more of the gain in lower brackets, reducing the 3.8% surtax, and lowering the Colorado tax in the deferred years. Payments are backed by an A-rated carrier, and because it's a federal statute it works fully in Colorado.

Fits Colorado sellers who:
  • Are selling a business, building, or appreciated position.
  • Want to soften the combined federal + state + NIIT hit.
  • Can't find, or don't want, a 1031 replacement property.

The takeaway

Wherever you are in Colorado, the move is the same: estimate your number on the calculator, then plan the structure before you sign.

Frequently asked questions

How much is capital gains tax in Colorado?

Colorado taxes capital gains as ordinary income, a flat 4.4%. This is on top of the federal rate (up to 20%) and the 3.8% NIIT.

Can I defer capital gains tax on a sale in Colorado?

Yes. A §453 structured installment sale spreads the proceeds and gain over multiple years, lowering the federal and state tax in the deferred years. It's a federal strategy that works in Colorado.

Is a 1031 exchange or a structured installment sale better in Colorado?

A 1031 works for like-kind real estate if you reinvest on schedule. A structured installment sale fits if you want to exit real estate, are selling a business or stock, or can't find a replacement property.

Does depreciation recapture apply when I sell a rental?

Yes, prior depreciation is recaptured at sale (ordinary income or up to 25% federally) and is generally recognized in the year of sale even in an installment sale. The capital-gain portion is what gets spread.

How do I estimate my capital gains tax in Colorado?

Use the free capital gains tax calculator, select Colorado, and it estimates federal + state + NIIT + recapture, then shows the savings from deferring.

Thinking about a big sale?

Before you sign anything, run your numbers with someone who structures the deal to be tax-smart and audit-ready from day one.

Call 213-340-2018 Run the Numbers →