Maryland taxes capital gains as ordinary income — up to 8.5% — stacked on top of federal tax, so selling appreciated real estate can cost roughly ~32.3% of the gain. A 1031 exchange into a Delaware Statutory Trust lets Maryland investors defer that combined bill and trade active landlording for passive institutional real estate.
~32.3%Est. combined tax if you sell
8.5%Top state rate on gains
5.0–7.0% (illustrative)Illustrative cap rates
How Maryland taxes a property sale
State treatment. Taxed as ordinary income — up to 8.5%. Maryland adds a 2% surtax on capital-gains income for filers with AGI over $350,000, raising the effective top to about 8.5% (plus local county tax).
Nonresident withholding. Maryland may require nonresident withholding at closing; a qualifying 1031 exchange generally defers it. Confirm specifics with your closing agent.
Does Maryland conform to Section 1031?
Yes — a qualifying exchange defers state tax alongside federal.
Maryland conforms to IRC §1031, so a qualifying exchange defers Maryland tax as well as federal tax. Maryland adds a 2% surtax on capital-gains income for filers with AGI over $350,000, raising the effective top to about 8.5% (plus local county tax).
Passive replacement property with a DST
Many Maryland owners use a Delaware Statutory Trust as replacement property — institutional real estate, professionally managed, that qualifies for 1031 treatment and can absorb both the equity and the debt from the sale.
Maryland taxes capital gains as ordinary income, up to 8.5%, with no separate long-term rate. Combined with the federal 20% rate and the 3.8% net investment income tax, a high-bracket Maryland seller can face roughly ~32.3% on a real estate gain. Maryland adds a 2% surtax on capital-gains income for filers with AGI over $350,000, raising the effective top to about 8.5% (plus local county tax).
Does Maryland recognize 1031 exchanges?
Yes. Maryland conforms to IRC §1031, so a properly structured exchange defers Maryland tax as well as federal tax.
Why use a 1031 exchange in Maryland?
To defer the tax on a large gain (up to about ~32.3% combined) and move from active landlording into passive, professionally managed real estate while keeping your full equity invested. These are Regulation D offerings for accredited investors.