roofy
Selling · New York City

How much NY estimated tax is due when a nonresident sells NYC property?

The Form IT-2663 / IT-2664 estimated tax a nonresident pays at closing: gain × 10.9% for 2026, and what you may get back.

Updated October 12, 2026 · fact-checked against official sources

Estimated tax due at closing with Form IT-2663
$40,657
$373,000 gain × 10.9%
Sale price less selling expenses (line 15)$1,020,000
Adjusted basis (line 14)$647,000
Total gain or loss (line 17)$373,000
Gain subject to estimated tax (line 18)$373,000
Rate for 2026 (line 19)10.90%
Estimated tax due (line 20)$40,657

It is a prepayment, not the final tax

Rough NYS tax on this gain (Form IT-203)$24,767
Possible refund when you file IT-203$15,890

Rough estimate: 2026 NYS tax on all your income as if you were a resident (including the high-income recapture worksheets), times NY-source income ÷ federal AGI, as on Form IT-203, with the standard deduction. It assumes this gain is your only NY income. If you owe more than the payment, you pay the difference with the return.

Real property: give Form IT-2663 and full payment to the county recording officer when the deed is presented for recording. The deed cannot be recorded without it or a signed exemption. NYC personal income tax does not apply to nonresidents of the city.

If you do not live in New York State when you sell New York real estate, the state collects an estimated income tax payment at closing. For 2026 it equals your gain times 10.9%, the top state rate. It is a prepayment of your New York income tax, not an extra tax: you get credit for it when you file your nonresident return.

At a glance

2026 rate
10.90%
Highest NYS rate under Tax Law §601
House, condo, land, building
Form IT-2663
Paid when the deed is recorded
Co-op shares
Form IT-2664
Mailed within 15 days of transfer
NYC income tax
None
Nonresidents of the city do not owe it

How the calculation works

The form's worksheet computes the gain the same way as your federal return. Your adjusted basis is the purchase price plus improvements, purchase closing costs and other increases, minus depreciation. Your gain is the sale price minus selling expenses minus that basis. If the result is a gain, multiply it by 10.9% and round to the nearest dollar. If it is zero or a loss, nothing is due, but you still complete the form.

If you were one of several sellers, the gain is split the way it is for federal tax and each nonresident files a separate form. A married couple can file one form with one check. If only part of the property was your main home, such as the owner's unit in a two-family house, the estimated tax applies only to the gain on the other part.

Worked example

A married couple who moved to New Jersey sells a Brooklyn condo they rented out for $1,100,000. They paid $700,000 plus $12,000 in closing costs, added $25,000 of improvements, took $90,000 of depreciation and pay $80,000 to sell.

Worksheet lineAmount
Line 14: adjusted basis ($700,000 + $12,000 + $25,000 − $90,000)$647,000
Line 15: sale price less selling expenses$1,020,000
Line 17: gain$373,000
Line 20: estimated tax ($373,000 × 10.9%)$40,657

With $150,000 of other income, their real 2026 New York tax on the gain works out to roughly $24,800 under the Form IT-203 method (tax on all income as if they were residents, including New York's high-income recapture, times the New York share of their income). They would claim the $40,657 payment on IT-203 and could get roughly $15,900 back. The calculator shows this rough refund estimate, but the actual figure depends on your full return.

Who does not have to pay

  • The whole property was your principal residence under IRC §121. You qualify even if part of the gain is more than the exclusion.
  • The sale results in a loss, or you do not have to recognize gain (for example, a §1031 like-kind exchange).
  • You are giving the property to the lender in foreclosure or in lieu of foreclosure with no additional consideration (IT-2663 only).
  • A US or New York State agency, Fannie Mae, Freddie Mac, Ginnie Mae or a private mortgage insurer is the buyer or seller.

Residents and exempt nonresidents sign the certification on Form TP-584, Schedule D (TP-584-NYC for city property).

Filing steps

  1. 1

    Gather your numbers

  2. 2

    Complete the worksheet

  3. 3

    Pay at the right time

  4. 4

    File Form IT-203 next year

What to do next

Estimate your full federal and state tax with the home sale capital gains calculator, and your closing costs with the seller transfer tax calculator.

Common questions

What rate is used on Form IT-2663 for 2026?

The gain is multiplied by the highest New York State personal income tax rate for the year under Tax Law §601. For tax year 2026 the form instructions set that rate at 10.90%.

Is the IT-2663 payment an extra tax?

No. It is an estimated payment of New York income tax on the gain. You claim it when you file your 2026 New York nonresident return (Form IT-203), and any overpayment is refunded then. It cannot be refunded before you file.

Who is exempt from the nonresident estimated tax?

You do not pay if the whole property was your principal residence under IRC §121 (even if part of the gain exceeds the exclusion), if the sale produces a loss, if (for IT-2663) you are conveying the property to a lender in foreclosure with no extra consideration, or if a government agency, Fannie Mae, Freddie Mac, Ginnie Mae or a private mortgage insurer is a party. You certify the exemption on Form TP-584 (TP-584-NYC in the city).

Which form do I use for a co-op?

Form IT-2664 for co-op shares. It uses the same gain worksheet and 10.9% rate, but you send it with Form TP-584 and payment to the NYS Tax Department within 15 days of the transfer. IT-2663 is for houses, condos, land and buildings and is given to the recording officer with the deed.

Do nonresidents pay New York City income tax on the sale?

No. New York State says nonresidents of New York City are not liable for NYC personal income tax. They do owe New York State tax on gain from New York property.

Fact-checked October 12, 2026

Re-verified 2026-10-12 against the 2026 IT-2663, IT-2663-I, IT-2664 and IT-2664-I PDFs: worksheet lines 14-20, the 10.90% rate (line 19), rounding to whole dollars, Tax Law §663(c) exemptions (whole-property principal residence even if gain exceeds the §121 exclusion, foreclosure/deed in lieu for IT-2663, government agencies, Fannie Mae, Freddie Mac, Ginnie Mae, private mortgage insurers), partial-residence allocation, one form per nonresident with married couples allowed one form, IT-2663 paid to the recording officer with the deed, IT-2664 mailed with TP-584 to the RETT Processing Unit within 15 days, payments not refundable before the return is filed. Worked example recomputed by hand ($40,657). Fix: the refund estimate now includes the NYS high-income recapture worksheets from IT-2105-I (2026), so the example tax is about $24,800 (was $21,800) and the refund about $15,900 (was $18,900). Estimate assumes the gain is the only NY-source income.

Sources

  1. Instructions for Form IT-2663 (2026) · NYS Department of Taxation and Finance (accessed October 12, 2026)
  2. Form IT-2663 (2026), Worksheet for Part 2 · NYS Department of Taxation and Finance (accessed October 12, 2026)
  3. Instructions for Form IT-2664 (2026) · NYS Department of Taxation and Finance (accessed October 12, 2026)
  4. Form IT-2664 (2026) · NYS Department of Taxation and Finance (accessed October 12, 2026)
  5. Form IT-2105-I (2026): NYS tax rate schedules · NYS Department of Taxation and Finance (accessed October 12, 2026)
  6. FAQs about filing requirements, residency and telecommuting · NYS Department of Taxation and Finance (accessed October 12, 2026)

General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.