Capital Gains Tax in Michigan: Rates, Exclusions, and Filing

Capital gains tax in Michigan is charged at a flat 4.25%, the same rate the state applies to wages and every other kind of income. There are no separate brackets for investment profits and no distinction between short-term and long-term gains. Because Michigan’s return starts from your federal adjusted gross income, any gain you report to the IRS lands on your state return automatically, and any federal exclusion that keeps a gain out of AGI keeps it out of Michigan’s reach too.1Michigan Legislature. MCL – Section 206.30

That single rate is deceptively simple. What ultimately reaches Michigan’s tax line is shaped entirely by federal rules on basis, losses, holding periods, and exclusions, and your federal bill stacks on top of the state’s. Planning around the federal side is what controls the combined cost.

How the Gain Is Calculated

Your capital gain is the difference between what you received for the asset and your adjusted basis. Adjusted basis usually starts with the original purchase price, then shifts over time. For real estate, improvements like a new roof or a kitchen remodel increase it. For stocks, reinvested dividends and splits change it. Commissions, transfer taxes, and title fees paid at purchase or sale either raise basis or reduce net proceeds.

Getting basis right is where most mistakes happen, and the cost compounds because both returns use the same number. Overstate basis by $5,000 and you underreport gain by $5,000 on your federal return and your Michigan return at once. Keep closing statements, brokerage confirmations, and receipts for improvements. Broker cost-basis reporting is required for stocks purchased after 2011, which helps, but real estate and older holdings often require you to reconstruct records from scratch.

Each transaction is reported on IRS Form 8949 and summarized on Schedule D.2Internal Revenue Service. Instructions for Form 8949 Those federal totals then carry into your Michigan MI-1040 as part of adjusted gross income. There is no separate Michigan capital gains form.

One point worth being explicit about: the federal long-term versus short-term split is irrelevant for Michigan. A gain on a stock held eleven months and a gain on a stock held eleven years are both taxed at 4.25%. The split still matters for your overall tax bill because it changes your federal rate.

Using Capital Losses to Reduce the Bill

Sell an asset for less than its adjusted basis and you have a capital loss. Losses first offset gains of the same type, then offset the other type. If a net loss remains, you can deduct up to $3,000 per year against ordinary income, or $1,500 if married filing separately.3Office of the Law Revision Counsel. 26 USC 1211 – Limitation on Capital Losses Because Michigan starts from federal AGI, that deduction flows through to your state return without any separate claim.

Losses beyond the annual cap carry forward indefinitely. A $20,000 net loss in 2025 means $3,000 deducted that year and $17,000 available to use in 2026 and beyond, until it’s exhausted.

The Wash Sale Rule

You cannot sell a stock at a loss, buy it right back, and claim the deduction. If you purchase substantially identical securities within 30 days before or after the sale, the loss is disallowed for that year.4Office of the Law Revision Counsel. 26 U.S. Code 1091 – Loss From Wash Sales of Stock or Securities The rule also triggers if your spouse makes the purchase, or if the replacement is bought inside an IRA. The disallowed loss is added to the basis of the replacement shares, so it survives until you eventually sell those shares cleanly.

Exclusions and Deductions That Shrink the Gain

Primary Residence Exclusion

The largest break for most homeowners is federal. If you owned and lived in the home for at least two of the five years before the sale, you can exclude up to $250,000 of gain from taxable income, or $500,000 on a joint return if both spouses meet the use test.5Office of the Law Revision Counsel. 26 USC 121 – Exclusion of Gain From Sale of Principal Residence Because the exclusion removes the gain from federal AGI, it also removes it from Michigan taxable income. It does not apply to second homes, rentals, or vacation properties.

Senior Deduction for Investment Income

Michigan has one state-specific break aimed directly at capital gains. If you were born before 1946, you can deduct interest, dividends, and capital gains from Michigan taxable income up to $9,420 single or $18,840 joint, with the amounts adjusted annually for inflation. If you also claim Michigan’s retirement or pension deduction, the investment-income deduction is reduced dollar-for-dollar by the pension deduction.1Michigan Legislature. MCL – Section 206.30 Taxpayers born in 1946 or later do not qualify.

Section 1031 Like-Kind Exchanges

For investment real estate, a Section 1031 exchange lets you roll the proceeds into similar real property and defer the gain entirely. Since the Tax Cuts and Jobs Act, these exchanges apply only to real property. Two deadlines are strict: identify replacement properties in writing within 45 days of the sale, and close within 180 days or by your tax return due date with extensions, whichever is earlier.6Internal Revenue Service. Like-Kind Exchanges Under IRC Section 1031 You cannot touch the sale proceeds; a qualified intermediary must hold them between transactions. Miss either deadline and the full gain becomes taxable federally and in Michigan.

Step-Up in Basis on Inherited Property

Inherit a capital asset and your basis is generally reset to the property’s fair market value on the date the original owner died, regardless of what they paid for it.7Office of the Law Revision Counsel. 26 U.S. Code 1014 – Basis of Property Acquired From a Decedent A parent’s stock bought for $10,000 in 1990 and worth $200,000 at death gives you a $200,000 basis. Sell for $205,000 and the taxable gain is $5,000, not $195,000. The stepped-up basis flows through to Michigan automatically. For real estate or closely held business interests, a professional appraisal at the date of death is usually what makes the step-up defensible later.

The Federal Taxes That Stack On Top

Michigan’s 4.25% is only part of the bill. Federal tax on the same gain runs at ordinary rates for assets held a year or less, and at 0%, 15%, or 20% for assets held longer than a year, depending on your taxable income. Holding periods matter even though Michigan ignores them.

Higher earners also face a 3.8% federal net investment income tax on capital gains and other investment income when modified adjusted gross income exceeds $200,000 single, $250,000 joint, or $125,000 married filing separately.8Internal Revenue Service. Topic No. 559, Net Investment Income Tax The surcharge applies to the lesser of net investment income or the amount by which income exceeds the threshold, and is reported on Form 8960. It is separate from Michigan’s tax.

Filing, Estimated Payments, and Extensions

Capital gains appear on the MI-1040 as part of adjusted gross income; the federal Form 8949 and Schedule D figures carry over directly. The filing deadline for tax year 2025 returns is April 15, 2026.9State of Michigan. Individual Income Tax Filing Season Begins Today

A large asset sale often triggers quarterly estimated payments at both levels. Michigan requires them if you expect to owe $500 or more after withholding and credits.10State of Michigan. Am I Required to Make Estimated Tax Payments? Pay with Form MI-1040ES vouchers. To avoid underpayment penalties, your combined withholding and estimates must equal at least 90% of the current year’s liability or 100% of last year’s (110% if your prior-year AGI topped $150,000). The federal threshold is $1,000.11Internal Revenue Service. Form 1040-ES (2026) Instructions Capital gains rarely have tax withheld at the source, which is what catches people off guard after a home sale or large portfolio liquidation.

If you can’t file by April 15, a federal Form 4868 extension or Michigan Form 4 automatically extends the Michigan filing deadline to the new federal due date.12State of Michigan. Form 4, Application for Extension of Time to File Michigan Tax Returns An extension gives you more time to file, not more time to pay. Any tax owed must still be paid by April 15 to avoid interest.13State of Michigan. What Is an Extension?

Penalties and Interest for Late Payment

Michigan charges a 5% penalty on unpaid tax for up to two months late, then an additional 5% for each further month or partial month, capped at 25%.14Michigan Legislature. MCL – Section 205.24 The penalty clock runs from the original due date, not from any extended filing date, which is why paying by April 15 matters even when you’ve filed for extra time.

Interest runs alongside penalties. Michigan sets the rate at 1 percentage point above the adjusted prime rate and recalculates it every six months. For January 1 through June 30, 2026, the annual rate is 8.48%.15Michigan Department of Treasury. Interest Rate Due on Underpayments and Overpayments Interest accrues from the original due date until the balance is paid in full.16Michigan Legislature. MCL – Section 205.23 On a $10,000 unpaid balance left for six months, interest adds roughly $424 and penalties can reach $2,000, pushing the combined cost toward a quarter of the original liability in under a year.