Tax Guide
Selling Arizona property from out of state comes with tax obligations most sellers don’t see coming. Here’s what you need to know before you close.
⏱ 11 min read📅 Updated March 2026
Important disclaimer: This page is for general informational purposes only and does not constitute tax or legal advice. Tax laws change, and every situation is different. Consult a qualified CPA or tax attorney for advice specific to your situation before making any decisions based on the information below.
Taxes are one of the most anxiety-inducing parts of selling property as an out-of-state owner. Will you get double-taxed? What’s this withholding you’ve heard about? Does the stepped-up basis really eliminate your capital gains?
The good news is that the tax picture is usually better than people expect — especially for inherited property. Understanding what you may owe (and what you may not owe) helps you make better decisions and plan your timeline. Here’s a plain-English breakdown of the key tax considerations.
When you sell property for more than your tax basis (generally what you paid for it, or its fair market value when you inherited it), the profit is considered a capital gain and may be subject to federal income tax.
The rate you pay depends on how long you held the property:
Here’s where it gets much better for inherited property: thanks to the stepped-up basis (more on this below), your tax basis on inherited property is typically the fair market value at the date of death — not the original purchase price. This often dramatically reduces or even eliminates your capital gains.
Example: If you inherit a home worth $400,000 at the time of death and sell it for $420,000, you only owe capital gains on the $20,000 difference — not the full appreciation over the deceased’s lifetime. This is one of the most misunderstood and most valuable tax benefits of inherited property.
Note: A CPA can help you calculate your specific basis and estimated tax liability before you sell, so you can plan accordingly. We always recommend getting this number before you make decisions about timing or pricing.
Arizona levies state income tax on gains from real estate sales, including sales by nonresidents. If you live in another state and sell Arizona property, you’ll need to file an Arizona nonresident income tax return (Form 140NR) reporting the gain.
The natural question is: will you get taxed twice — once by Arizona and once by your home state?
Generally, no. Here’s why:
The specifics depend on your state and your overall income picture, which is why a CPA who understands multi-state filing is valuable here.
This is the one that surprises most out-of-state sellers.
Arizona requires buyers (or more commonly, the escrow or title company handling the closing) to withhold 3.5% of the gross sales price when the seller is a nonresident and the expected gain exceeds $1,000.
Let’s break down what that means with a concrete example:
This is not an additional tax. It’s a prepayment — think of it like federal income tax withholding from your paycheck. When you file your Arizona nonresident return, you’ll calculate your actual Arizona tax liability on the gain and reconcile it against the amount withheld.
If the withholding exceeds your actual tax liability (which it often does, especially for inherited properties with a high stepped-up basis), you’ll receive a refund from the Arizona Department of Revenue for the difference.
There are limited circumstances where the withholding can be reduced or waived — for example, if the transaction will result in a loss rather than a gain. Your CPA can advise on whether to file for a withholding waiver before closing.
The stepped-up basis, explained simply: When you inherit property, your tax basis is “stepped up” to the fair market value at the date of death — not the original purchase price. This can significantly reduce or eliminate capital gains taxes when you sell.
Example: Your parents bought their Arizona home for $80,000 in 1985. It was worth $350,000 when they passed away. You sell it for $360,000. Your taxable gain is $10,000 (sale price minus stepped-up basis) — not $280,000 (sale price minus original purchase price). At a 15% long-term capital gains rate, that’s roughly $1,500 in federal tax instead of $42,000.
The stepped-up basis is one of the most significant tax provisions in the entire U.S. tax code for inherited property, and it’s frequently misunderstood. Many heirs assume they’ll owe tens of thousands in capital gains, only to discover that the stepped-up basis reduces their liability to a fraction of what they feared — or eliminates it entirely.
A few key points about the stepped-up basis:
Getting the stepped-up basis right is the single most important tax step for anyone selling inherited property. An incorrect basis calculation can mean paying thousands more in tax than you actually owe.
If you’re selling an Arizona investment property (rental property, for example) and plan to purchase another investment property, a 1031 exchange (named after Section 1031 of the Internal Revenue Code) allows you to defer capital gains tax by reinvesting the proceeds into a “like-kind” property.
The key requirements:
A 1031 exchange doesn’t eliminate the tax — it defers it to a future sale. But for investors who plan to continue holding real estate, it can be a powerful tool for building wealth without triggering a tax event.
Important: A 1031 exchange must be set up before you close on the sale. If you think this might apply to your situation, talk to a CPA or qualified intermediary well before your closing date. Once the sale closes without a 1031 structure in place, the opportunity is lost.
When you sell can affect how much you owe. Here are the key timing considerations:
Selling Arizona property as an out-of-state owner involves multi-state tax filing, potential withholding reconciliation, and (for inherited property) basis calculations that can make or break your tax outcome. This is not the year to use a generic tax prep service or file your own returns.
Look for a CPA who:
The cost of working with a knowledgeable CPA is typically a few hundred dollars — and it can easily save you thousands by ensuring your basis is calculated correctly and your returns are filed properly.
Need a CPA referral? Unbiased Options works with several CPAs who specialize in Arizona real estate transactions for nonresident sellers. We’re happy to connect you — just ask during your consultation.
If you sell property located in Arizona, you are subject to Arizona income tax on the gain from that sale, regardless of where you live. You’ll file an Arizona nonresident return (Form 140NR). However, your home state will generally give you a credit for taxes paid to Arizona, so you typically won’t be double-taxed on the same income.
Arizona requires escrow or title companies to withhold 3.5% of the gross sales price when the seller is a nonresident and the expected gain exceeds $1,000. This is not an additional tax — it’s a prepayment of your Arizona income tax that you reconcile when you file your Arizona nonresident return. If more was withheld than you owe, you’ll receive a refund.
You may owe very little or nothing. When you inherit property, your tax basis is “stepped up” to the fair market value at the date of death. You only pay capital gains on the difference between the stepped-up basis and the sale price. If you sell relatively soon after inheriting, that difference is often minimal. Inherited property is also always treated as long-term, qualifying for lower tax rates.
If the property was used as an investment (rental, etc.) and you plan to purchase another investment property, a 1031 exchange can defer your capital gains tax. You must use a qualified intermediary, identify replacement properties within 45 days, and close within 180 days. The exchange must be set up before your sale closes. Consult a CPA or tax attorney to determine if this applies to your situation.
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