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Direct Indexing in Wisconsin: The 30% Long-Term Exclusion That Changes the Math

Wisconsin's top income tax rate of 7.65% looks similar to Minnesota's 9.85% or Oregon's 9.9% — but a critical difference applies to long-term capital gains. Wisconsin allows a 30% exclusion on net LTCG, meaning only 70% of long-term gains enter state taxable income. The result: an effective Wisconsin LTCG rate of 5.355% and a combined federal + state rate of approximately 29.2% for top-bracket investors. That's meaningfully higher than Texas or Florida (23.8%), but notably lower than Minnesota (33.65%), Oregon (33.7%), and California (37.1%). For Fiserv, Rockwell Automation, Johnson Controls, and Kohl's RSU holders in the Milwaukee metro — and for Epic Systems and Exact Sciences employees in Madison — the 29.2% combined rate makes direct indexing clearly worthwhile at $500K+ in taxable assets.

Wisconsin's 7.65% top rate and the 30% long-term capital gains exclusion

Wisconsin has four progressive income tax brackets for 2026: 3.54%, 4.65%, 5.3%, and 7.65%. The top 7.65% rate applies to Wisconsin taxable income above approximately $443,000 for married filing jointly — a threshold reached by most HNW investors with meaningful RSU income or capital gain events.1

Unlike many states, Wisconsin does not simply tax all capital gains as ordinary income at its top rate. Under Wis. Stat. § 71.05(6)(b)9., Wisconsin allows a deduction equal to 30% of net long-term capital gains on assets held more than one year. The remaining 70% is included in Wisconsin taxable income and taxed at the applicable ordinary income bracket.2

For a top-bracket Wisconsin investor, the combined federal + state rate on long-term capital gains stacks as follows:

ComponentRateApplies when...
Federal LTCG20%Taxable income above $545,500 (single) / $613,700 (MFJ) in 2026
Federal NIIT3.8%MAGI above $200,000 (single) / $250,000 (MFJ) — not inflation-adjusted
WI ordinary income rate (top)7.65%WI taxable income above ~$443,000 MFJ
WI 30% LTCG exclusion–2.295%30% of long-term gain excluded from WI taxable income
Effective WI LTCG rate5.355%7.65% × 70% of net long-term gain
Combined top rate (LT)~29.2%Top-bracket WI investor realizing long-term capital gains

Short-term capital gains receive no Wisconsin exclusion and are taxed at full ordinary income rates — up to 7.65% state. Combined with the top federal ordinary rate (37%) and the 3.8% NIIT on net investment income above the $250K/$200K threshold, short-term gains can face a combined rate approaching 47–48% for top-bracket Wisconsin investors. This asymmetry is strategically important for direct indexing. See the RSU guide for how short-term loss harvesting interacts with equity compensation income.

Wisconsin vs. Midwest neighbors. Ohio flat rate: 26.55% combined. Michigan: 28.05%. Wisconsin: 29.2%. Illinois: 28.75%. Minnesota: 33.65%. Wisconsin's 30% LT exclusion puts it closer to Michigan and Ohio than to neighboring Minnesota — despite Wisconsin's nominally higher top bracket rate.

Break-even table: Wisconsin 29.2% vs. Texas/Florida 23.8%

Estimated annual net benefit of direct indexing at Wisconsin's top combined rate vs. investors in no-income-tax states. Assumes 1.5% annual harvest rate and a 0.25% fee premium over a comparable low-cost ETF. Actual harvest rates vary significantly with market conditions and portfolio composition.

Portfolio sizeAnnual harvest (1.5%)Tax savings in WI (29.2%)Tax savings in TX/FL (23.8%)Fee premium (0.25%)Net benefit in WINet benefit in TX/FL
$250,000$3,750$1,093$893$625+$468+$268
$500,000$7,500$2,187$1,785$1,250+$937+$535
$1,000,000$15,000$4,373$3,570$2,500+$1,873+$1,070
$2,000,000$30,000$8,747$7,140$5,000+$3,747+$2,140

For 15%-bracket Wisconsin investors with income below the 20% federal LTCG threshold: at $1M taxable the net benefit narrows to roughly +$307/year (15% federal + ~3.7% effective WI = 18.7% combined; $15K harvest × 18.7% = $2,805, minus $2,500 fee = +$305). The case for DI strengthens considerably at $1M+ in the 15% bracket if the investor also has RSU income, K-1 events, or concentrated stock — because those income events are taxed at full rates without the 30% WI exclusion.

See the full direct indexing break-even framework for the expanded analysis across all brackets and portfolio sizes.

Wisconsin investor with RSU income, concentrated employer stock, or $500K+ in taxable assets?
At 29.2% combined, coordinating a direct-indexed loss bank with your RSU vesting calendar and income events is worth modeling with a specialist who can run the real numbers on your Wisconsin-specific tax picture. Free match, no obligation. Get matched with a direct indexing specialist →

Milwaukee: Fiserv, Johnson Controls, Kohl's, Harley-Davidson, and Rockwell Automation

The Greater Milwaukee metro is home to a cluster of Fortune 500 corporations whose equity compensation programs make it one of the most significant RSU planning hubs in the Midwest.

Madison: Epic Systems, Exact Sciences, and the UW research ecosystem

Wisconsin's capital city is home to two of the state's most important employers for equity-adjacent compensation planning, along with the University of Wisconsin system and a growing startup community centered on the research triangle between UW-Madison, the Wisconsin Alumni Research Foundation (WARF), and the American Family Insurance Innovation Center.

The short-term gain asymmetry: why Wisconsin's 30% exclusion changes DI strategy

Wisconsin's 30% LTCG exclusion creates a tax rate asymmetry that affects how a Wisconsin investor should think about direct indexing strategy. The exclusion applies only to long-term capital gains — not to short-term gains or ordinary income.

This means two different rates are in play for Wisconsin DI investors:

In practice, DI harvests losses in both short-term and long-term holding periods as stocks fall below cost basis throughout the year. The platform then applies those losses against the investor's gains by character (short-term losses offset short-term gains first, then long-term gains, then $3K/year of ordinary income at the federal level under §1211(b)).

For Wisconsin investors with RSU income: RSU vesting creates ordinary income at vest (taxed at full WI rates up to 7.65%, no exclusion). The §1211(b) $3K/year federal ordinary income offset from excess capital losses is a small but real benefit. More importantly, RSU lot sales after the holding period becomes long-term generate LTCG that a coordinated DI loss bank can offset at the 29.2% combined rate — each $100K of LTCG from RSU lot sales means $29,200 in combined taxes saved vs. an uncoordinated portfolio.

Investors who also hold K-1 partnership income — PE, real estate, or hedge fund LPs — see the greatest marginal DI value in Wisconsin, because §1231 gains (most real estate and business-sale gains after the 5-year lookback) and LTCG from partnership distributions are subject to the 29.2% combined rate. See the K-1 investor guide for the character-by-character analysis.

Wisconsin QSBS: full §1202 conformity, including OBBBA

Wisconsin now provides some of the most favorable QSBS treatment of any state in the country for founders and early-stage investors. In October 2023, Governor Tony Evers signed Assembly Bill 406, updating Wisconsin's conformity to fully match the federal §1202 QSBS exclusion retroactive to January 1, 2019.3 Before AB 406, Wisconsin only honored 50% of the §1202 exclusion — meaning founders paid WI state tax on the non-excluded half of qualifying QSBS gains.

With AB 406 in effect and Wisconsin subsequently updating its conformity to incorporate OBBBA (signed July 2025), Wisconsin picks up the enhanced federal §1202 rules:

For a Wisconsin founder selling qualifying QSBS stock held five years or more, the entire federal gain exclusion (up to $15M per issuer) is also excluded from Wisconsin state income — making Wisconsin one of the most favorable states for QSBS founders, in stark contrast to California (which does not conform to §1202 and taxes the full QSBS gain at 13.3%) or Pennsylvania (also non-conforming).

For Wisconsin founders with post-exit proceeds not covered by §1202 (excess above the $15M cap, or non-QSBS proceeds), direct indexing the taxable portion at 29.2% combined is a standard strategy. See the business founder guide for the full post-exit DI deployment playbook.

Wisconsin founders with significant QSBS positions should confirm current §1202 Wisconsin conformity with a WI-licensed CPA for their specific tax year and issuer — OBBBA made wide-ranging IRC changes and state-level treatment of specific provisions can vary.

No Wisconsin estate tax: the §1014 step-up plays cleanly

Wisconsin abolished its state estate tax for deaths occurring on or after January 1, 2008.4 There is no Wisconsin state estate tax, no Wisconsin inheritance tax, and no Wisconsin gift tax. The federal estate tax exemption of $15 million per person (permanently raised by OBBBA in 2025) with full spousal portability applies — for a married Wisconsin couple, the combined federal exemption is $30 million.

The absence of a state estate tax simplifies the DI step-up strategy:

For large Wisconsin estates with significant embedded appreciation in a direct-indexed SMA, the §1014 step-up strategy — harvest losses in life at 29.2%, step up gains at death — is a particularly clean execution because there's no WI state estate tax complicating the calculation. See the DI and estate planning guide for the full §1014 + DAF gifting + charitable gifting framework.

Minnesota, Illinois, and California transplants to Wisconsin

Wisconsin has seen net in-migration from neighboring Illinois (particularly Chicago-area residents relocating to Milwaukee or Lake Geneva) and from distant high-tax states like California, drawn by lower housing costs, quality of life, and proximity to Madison's research and technology ecosystem.

Platform selection for Wisconsin investors

All major direct indexing platforms serve Wisconsin investors through their advisor networks. Key considerations by asset level:

Sources

  1. Wisconsin Department of Revenue — DOR Tax Rates FAQ. Wisconsin individual income tax rates for 2026: 3.54%, 4.65%, 5.3%, and 7.65% (top rate). Top 7.65% rate applies to Wisconsin taxable income above approximately $443,000 for married filing jointly (inflation-adjusted annually). Brackets confirmed via ustax.tools Wisconsin Tax Brackets 2026 and countrytaxcalc.com Wisconsin Income Tax Guide 2026. Verify current-year thresholds at revenue.wi.gov for your specific tax year.
  2. Wisconsin DOR Publication 103 — Reporting Capital Gains and Losses for Wisconsin. Wisconsin allows a deduction equal to 30% of net capital gain from assets held more than one year under Wis. Stat. § 71.05(6)(b)9. The 30% exclusion applies to Wisconsin resident investors on all qualifying long-term capital gains. Remaining 70% of net long-term gain is included in Wisconsin taxable income and taxed at the applicable ordinary income bracket (up to 7.65% at top). Short-term capital gains receive no exclusion and are taxed as ordinary income. Effective top-bracket Wisconsin LTCG rate: 7.65% × 70% = 5.355%. Combined federal + WI top rate: 20% + 3.8% NIIT + 5.355% = 29.155%. Cross-verified via taxstra.com Wisconsin Capital Gains Tax 2026, calcleap.com Wisconsin Capital Gains Calculator, and revenue.wi.gov Schedule WD instructions.
  3. QSBS Expert — Wisconsin Qualified Small Business Stock and Investor Tax Incentives. Wisconsin enacted Assembly Bill 406 (signed October 25, 2023) updating state conformity to fully match the federal §1202 QSBS exclusion, retroactive to January 1, 2019. Wisconsin subsequently updated its conformity to incorporate OBBBA (2025), including the increased $15M per-issuer cap and tiered 50/75/100% exclusions at 3/4/5-year holding periods. Cross-verified via thestartuplawblog.com 2026 QSBS State Conformity Guide and millancpa.com §1202 state conformity analysis. Wisconsin investors with significant QSBS positions should confirm current conformity with a WI-licensed CPA for their specific tax year and issuer.
  4. Tax Foundation — Does Your State Have an Estate or Inheritance Tax? (2026). Wisconsin abolished its state estate tax for deaths occurring on or after January 1, 2008. There is no Wisconsin estate tax, inheritance tax, or gift tax. The federal estate tax exemption of $15 million per person (permanently raised by OBBBA, 2025) applies — combined spousal exemption of $30 million. Cross-verified via smartasset.com Wisconsin Estate Tax and helpafterlife.com Wisconsin Estate Tax 2026.
  5. IRS Rev. Proc. 2025-32 — 2026 Inflation Adjustments. Federal LTCG thresholds for 2026: 20% rate applies at $545,500 (single) / $613,700 (MFJ). 15% rate applies between $47,025–$545,500 (single) / $94,050–$613,700 (MFJ). 0% rate below $47,025 (single) / $94,050 (MFJ). NIIT threshold: $200,000 (single) / $250,000 (MFJ) — not inflation-adjusted. Combined 23.8% rate = 20% federal LTCG + 3.8% NIIT for top-bracket investors.

Wisconsin income tax rates (3.54%/4.65%/5.3%/7.65%) and 30% long-term capital gains exclusion verified via Wisconsin DOR Tax Rates FAQ and WI DOR Publication 103 for tax year 2026. Wisconsin brackets are inflation-adjusted annually — verify at revenue.wi.gov for the current tax year. Federal LTCG thresholds per IRS Rev. Proc. 2025-32 for tax year 2026. OBBBA provisions reflect federal law enacted July 2025. Wisconsin QSBS conformity reflects Assembly Bill 406 (signed October 2023) and subsequent OBBBA conformity update — verify with a WI-licensed CPA for your specific issuer and tax year. Harvest rate estimates (1.5%/year) are based on industry research and may vary significantly with market conditions and portfolio characteristics. This page is informational only and does not constitute financial, tax, or legal advice.

Get matched with a direct indexing specialist for Wisconsin

Wisconsin's 30% long-term capital gains exclusion creates a 29.2% combined LTCG rate — lower than it looks at the nominal 7.65% state rate, and meaningfully above the 23.8% federal-only baseline for Texas and Florida investors. For Milwaukee-area equity compensation holders at Fiserv, Rockwell Automation, Johnson Controls, Harley-Davidson, and Kohl's — and for Madison professionals at Exact Sciences or high-earning Epic Systems employees managing large income events — a fee-only specialist can model your specific Wisconsin tax picture, RSU vesting calendar, and concentrated stock situation to give you a real net-benefit estimate. Free match, no obligation.

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