California departs from federal law in more places than any other state, and almost all of them cost money rather than save it. It taxes capital gains as ordinary income at up to 13.3%. It adds its own 2.5% tax on early retirement distributions on top of the federal 10%. It gives no deduction for 529 contributions, does not follow the federal K-12 rules, and taxes the 529-to-Roth rollover that is tax-free federally. It does not tax Social Security benefits and has no estate tax. Property passing to a child is reassessed above a cap that re-indexes every two years. And it is a community property state, which changes what a married household actually owns.
The whole divergence, in one table
Quote this. It is free to reuse with attribution, and every row was checked against a primary source on the date at the top of this page.
| Federal treatment | California treatment | |
|---|---|---|
| Social Security benefits | Up to 85% included in income | Not taxed at all |
| Long-term capital gains | Preferential rates — 0%, 15% or 20% | Taxed as ordinary income, to a 12.3% top bracket, plus a 1% Mental Health Services Tax above $1,000,000 of taxable income |
| Qualified dividends | Preferential rates | Ordinary income |
| Early retirement distributions | 10% additional tax under 59½ | An extra 2.5% state additional tax on top |
| State and local tax deduction | $40,400 cap for 2026, phasing down above $505,000 of MAGI, reverting to $10,000 after 2029 | — (a federal cap, but it bites hardest in high-tax states) |
| Municipal bond interest | Federally exempt from any state's bonds | Only California bonds are exempt. Another state's munis are fully taxable here |
| 529 contributions | No federal deduction | No state deduction or credit either, for any state's plan |
| 529 for K-12 costs | Up to $20,000 a year per beneficiary from 2026, widened beyond tuition in July 2025 | Does not conform. The same withdrawal is non-qualified for California |
| 529 for student loans and apprenticeships | $10,000 lifetime for loans | Conforms, since 2021 |
| 529-to-Roth IRA rollover | Tax-free under SECURE 2.0, $35,000 lifetime, strict conditions | Does not conform — California taxes it, plus the 2.5% additional tax on earnings |
| Non-qualified 529 withdrawal | Tax on earnings plus a 10% penalty | Plus a 2.5% California additional tax on the earnings |
| Health savings accounts | Deductible, tax-free growth, tax-free qualified withdrawals | Does not conform — contributions are not deductible for California and earnings are taxable |
| Estate tax | $15,000,000 basic exclusion for 2026 | No state estate tax |
| Inherited property reassessment | — | Proposition 19 — the parent-child exclusion is capped at $1,044,586 for transfers between 16 February 2025 and 15 February 2027, and requires the child to make it their principal residence |
| Marital property | Common law in most states | Community property — and a full step-up in basis on both halves at the first death |
| State disability insurance | — | 1.3% of wages in 2026, with no wage ceiling |
Five things national advice gets wrong about California
These are not obscure. They appear in mainstream national articles, and each one leads a California household to the wrong decision.
- “California doesn’t conform to the 529 changes.” Half right, and the wrong half is the useful one. California does not conform on K-12, and does not conform on the 529-to-Roth rollover — but it does conform on student-loan repayment and apprenticeships, and has since 2021. Summaries that lump all three together talk families out of a benefit they actually have.
- “The 529-to-Roth rollover is tax-free.” Federally, yes. In California it is taxable income to the beneficiary plus a 2.5% additional tax on the earnings. This is the single most expensive piece of misinformation on this list, because the move is hard to unwind. The full comparison →
- “Your pension will cut your Social Security.” The Windfall Elimination Provision and the Government Pension Offset were repealed by the Social Security Fairness Act in January 2025. Any CalSTRS or CalPERS member who was told years ago that their Social Security would be reduced or eliminated should reopen that decision. What each claiming age pays →
- “Munis are tax-free.” Only California’s are, for a California resident. A Texas or New York municipal bond is federally exempt and fully taxable by California — which is the opposite of the intuition the phrase creates. Asset location in a 13.3% state →
- “The SALT cap is $10,000.” It was, under the Tax Cuts and Jobs Act. For 2026 it is $40,400, phasing down by 30 cents per dollar of modified AGI above $505,000 to a floor of $10,000, and scheduled to revert to $10,000 for tax years beginning after 2029. A great deal of content still on the internet is running on the old number.
If you are investing in a taxable account
California has no preferential rate for long-term capital gains. A gain that costs a federal taxpayer 15% costs a California resident that 15% plus their full state marginal rate, and the two largely add rather than offset — the federal deduction for state taxes is capped, so the state cost is not meaningfully recovered.
The practical consequences: asset location matters more here than almost anywhere, because the spread between a taxable and a tax-deferred dollar is wider. Tax-loss harvesting is worth more. And a portfolio turnover decision that would be marginal in Texas or Florida is a real cost in California.
The full treatment, with the arithmetic → · What harvesting actually does → · What costs compound to →
If you are retiring or drawing down
- Social Security is not taxed by California. That is a genuine advantage and it changes the withdrawal-order arithmetic: state-tax-free income at the bottom of the stack.
- Early distributions cost 2.5% more here. Under 59½, the federal 10% additional tax is joined by California’s own 2.5%. On a $40,000 distribution that is another $1,000 before any income tax.
- Roth conversions are more expensive in the conversion year and more valuable afterward, because the state rate applied to the conversion is the same ordinary rate that would have applied later. Model it →
- Seven public pension systems operate here, each with its own rules on final compensation, survivor elections and service credit. The guides →
- The WEP and GPO are gone. See above.
Project a balance → · Required minimum distributions → · Social Security at 62, 67 and 70 →
If you are saving for college
California gives no deduction for 529 contributions, which means there is no tax reason to prefer the in-state plan. Choose on cost and investment quality instead. Then read the conformity rows in the table above before using the money for anything other than college tuition, because three of the federal expansions do not apply here.
529 plans for California families → · 529 vs a Roth IRA, and in what order →
If you are inheriting or leaving property
Proposition 19 rewrote the parent-child exclusion in 2021, and the change is larger than most families realise. The exclusion now applies only where the child makes the home their own principal residence, is capped by value, and the separate exclusion that once covered rentals, commercial buildings and land was eliminated entirely. Those transfers are now generally reassessed to market value.
The cap for transfers between 16 February 2025 and 15 February 2027 is $1,044,586. The Board of Equalization re-indexes it every two years against the FHFA House Price Index for California, so it moves again on 16 February 2027. The claim must be filed within three years of the death or transfer, or before any transfer to a third party, whichever comes first — and the child must file for the homeowners’ exemption within one year.
California has no state estate tax, which is the offsetting good news, and as a community property state it gives a full step-up in basis on both halves of community property at the first spouse’s death — a significant advantage over common-law states, where only the deceased spouse’s half steps up.
Proposition 19 in full → · Estate basics for California families →
If you are married or in a partnership
California is one of nine community property states. Income earned during a marriage, and property bought with it, is generally owned half and half regardless of whose name is on the account. That changes titling, beneficiary planning, what a prenuptial agreement can do, and the basis outcome described above. It also means advice written for a common-law state can be quietly wrong here.
Community property and probate → · Written for families building from scratch →
Sources
- SALT cap, AMT, gift and estate figures — IRC §164 as amended by P.L. 119-21; Rev. Proc. 2025-32.
- Retirement plan and QCD limits — IRS Notice 2025-67.
- Uniform Lifetime Table — Treas. Reg. §1.401(a)(9)-9(c).
- California 529 conformity and the 2.5% additional tax — FTB Form 3805P instructions.
- Proposition 19 cap and filing rules — California Board of Equalization, Letter to Assessors 2025/009; R&TC §63.2.
- California SDI rate — California Employment Development Department.
- Social Security figures and the Fairness Act — Social Security Administration.
- Federal 529 provisions — IRC §529.
Two IRS-published pages were wrong or stale when this page was written, and are deliberately not cited: the 2026 Form 1040-ES SALT figures, which the IRS corrected by notice and will not reissue, and the IRS “529 Plans: Questions and answers” page, which still states the K-12 limit as $10,000. The statute controls.
Bring the California questions to the call
Fifteen minutes, free, in English or Spanish. A pension, a 529, an inherited house or a community-property question is exactly where national advice stops being useful.