Texas Constitution, quoted verbatim
Capital gains tax in Texas
What Texas Constitution publishes about each capital gains question, quoted from its own page and dated: 2 of 6 questions answered on the pages read here, the rest recorded as absences naming the page that was read.
- answers quoted word for word
- 2
- questions the guidance does not answer
- 4
- the day these pages were read
- 2026-09-11
Where this jurisdiction stands
The constitution forbids both an individual income tax and a capital gains tax
Every question, as Texas Constitution states it
| The question | What the authority says | Source |
|---|---|---|
| The rate on a long-term gain | Sec. 24-b. CAPITAL GAINS TAX PROHIBITED. (a) Subject to Subsection (b) of this section, the legislature may not impose a tax on the realized or unrealized capital gains of an individual, family, estate, or trust, including a tax on the sale or transfer of a capital asset that is payable by the individual, family, estate, or trust selling or transferring the asset. | Texas Constitution, Article 8 (Taxation and Revenue) read September 2026 |
| When a gain counts as long-term | Sec. 24-a. INDIVIDUAL INCOME TAX PROHIBITED. The legislature may not impose a tax on the net incomes of individuals, including an individual's share of partnership and unincorporated association income. | Texas Constitution, Article 8 (Taxation and Revenue) read September 2026 |
| Selling your main home | Texas Constitution, Article 8 (Taxation and Revenue) does not publish this on the page read here (Texas Constitution, Article 8 (Taxation and Revenue), read September 2026). There is no Texas treatment of a main home sale to quote: the constitution forbids the tax that would reach it. The federal exclusion is what applies to a Texan seller. | Texas Constitution, Article 8 (Taxation and Revenue) read September 2026 |
| Deferring the gain on an investment property | Texas Constitution, Article 8 (Taxation and Revenue) does not publish this on the page read here (Texas Constitution, Article 8 (Taxation and Revenue), read September 2026). No state deferral exists to quote, for the same reason: Texas levies no tax on the gain that a deferral would postpone. | Texas Constitution, Article 8 (Taxation and Revenue) read September 2026 |
| Setting losses against gains | Texas Constitution, Article 8 (Taxation and Revenue) does not publish this on the page read here (Texas Constitution, Article 8 (Taxation and Revenue), read September 2026). No state loss relief exists to quote; losses matter to a Texan only on the federal return. | Texas Constitution, Article 8 (Taxation and Revenue) read September 2026 |
| The extra tax on investment income | Texas Constitution, Article 8 (Taxation and Revenue) does not publish this on the page read here (Texas Constitution, Article 8 (Taxation and Revenue), read September 2026). Article 8 bars the state from taxing individual net income, so there is no state surtax on investment income; the federal 3.8% charge still applies. | Texas Constitution, Article 8 (Taxation and Revenue) read September 2026 |
An absence here means we have no quotation, never that the gain is untaxed.
Cite or embed this figure
Texas: 2 capital gains treatments quoted verbatim from the authority's own page and 4 recorded absences (Capital Gains Tax HQ US Capital Gains Tax Record).
Cite as: "Capital Gains Tax HQ US Capital Gains Tax Record: Texas", updated 2026-09-11, https://capitalgainstaxhq.com/tax/texas/.
Download the Texas table (CSV), free to reuse with citation.