QSBS Planning/State Conformity Map

QSBS State Conformity Map

Not all states follow the federal Section 1202 exclusion. Your state determines whether QSBS gains are taxed at the state level — even when fully excluded from federal tax.

Conforms to Section 1202
No state income tax
Partially conforms
Does not conform
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

California founders: your state taxes QSBS gains at 13.3%

California is one of the most significant non-conforming states. Even if your gain is fully excluded at the federal level, California will tax it at the full state rate. Jurisdiction strategy — establishing trusts in Nevada, South Dakota, or Delaware — is critical for California founders looking to address state-level exposure. Read our California-specific guide

New Jersey update

New Jersey is allowing QSBS exclusions starting January 1, 2026. This is a significant change for NJ-based founders and employees who previously had no state-level relief.

Last updated: March 2026. State tax laws are subject to change.

Related Reading

In a non-conforming state? We can help you structure trusts in favorable jurisdictions.

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