Under President Biden's tax plan, 13 states and D.C. would have a top combined capital gains tax rate at or above 50%:

56.7% CA
54.3% NY
54.2% NJ
53.3% OR
53.3% MN
52.4% DC
52.2% VT
50.7% HI
50.6% ME
50.4% CT
50.3% ID
50.2% NE
50.2% MT
50.0% DE

(58.2% NYC)
(57.3% Portland, OR)

President Biden’s #AmericanFamilyPlan will likely include a large increase in the top federal tax rate on long-term capital gains and qualified dividends, from 23.8% today to 39.6% for higher earners.

When including the net investment income tax, the top federal rate on capital gains would be 43.4%.

Rates would be even higher in many U.S. states due to state and local capital gains taxes, leading to a combined average rate of 48% compared to about 29% under current law.

Raising the top capital gains tax rate to 39.6 percent for those earning over $1 million would reduce federal revenue by about $124 billion over 10 years, according to our General Equilibrium Model.

Compare top marginal capital gains tax rates under current law vs. the Biden proposal in each state here: https://taxfoundation.org/biden-capital-gains-tax-rates/