Virginia · QSBS Exclusion (Section 1202)
QSBS Exclusion (Section 1202) in Virginia (2026)
Exclude up to $10M or 10x basis of gains from qualified small business stock. Virginia has a progressive income tax with a top rate of 5.75%, so a Virginia filer's combined marginal rate on the next dollar at $87,249 of income is about 27.75% (22% federal + 5.75% VA).
2026 savings example for Virginia
Planning estimate for a single filer earning $87,249 (Virginia median household income in LevyIO's state dataset) who removes $5,000 from taxable income. Federal tax uses the 2026 IRS brackets after the $16,100 standard deduction; VA tax uses the state brackets in LevyIO's dataset and assumes the state follows the federal treatment.
Estimated total savings
$1,388
Federal savings
$1,100
$10,365 → $9,265 · 22% bracket
VA state savings
$288
$4,299 → $4,012 · 5.75% marginal
Combined marginal rate
27.75%
≈ $278 saved per $1,000 deducted
Statutory maximum for this item in LevyIO's dataset: $10,000,000.
Federal × Virginia marginal rates (2026, single)
Gross-income ranges include the federal standard deduction. The VA column is the state marginal rate at the midpoint of each range. The last column is the tax saved per $1,000 deducted at that combined rate.
| Federal bracket | Gross income (single) | VA marginal | Combined | Per $1,000 |
|---|---|---|---|---|
| 10% | $16,100 - $28,500 | 5% | 15% | $150 |
| 12% | $28,500 - $66,500 | 5.75% | 17.75% | $178 |
| 22% | $66,500 - $121,800 | 5.75% | 27.75% | $278 |
| 24% | $121,800 - $217,875 | 5.75% | 29.75% | $298 |
| 32% | $217,875 - $272,325 | 5.75% | 37.75% | $378 |
| 35% | $272,325 - $656,700 | 5.75% | 40.75% | $408 |
| 37% | Over $656,700 | 5.75% | 42.75% | $428 |
Eligibility & forms
Investors in qualified small business stock
- C-corp with <$50M assets
- Held 5+ years
- 100% exclusion up to $10M
Federal forms: Form 8949, Schedule D
Virginia filing notes
The 5.75% top rate starts at just $17K, so most earners pay the top rate. State standard deduction ($8,000) is lower than federal. Age deduction up to $12,000 for 65+.
Common mistakes: Not meeting C-corp requirement; Selling before 5 years.
Frequently asked questions
How much can the QSBS Exclusion (Section 1202) save a Virginia taxpayer in 2026?
In LevyIO's example, a single filer with $87,249 of income (the Virginia median household income in our state dataset) who removes $5,000 from taxable income saves about $1,100 in 2026 federal tax (22% marginal bracket) plus about $288 in Virginia tax (5.75% state marginal rate), roughly $1,388 combined. It is a planning estimate computed from the 2026 IRS brackets and LevyIO's VA bracket data, not a survey figure.
What is the Virginia income tax rate for 2026?
Virginia has a progressive income tax with a top rate of 5.75%. The VA standard deduction in LevyIO's dataset is $8,000 single / $16,000 married. Four brackets 2%-5.75%. Top rate at just $17K. Own standard deduction. High median income.
Who qualifies for the QSBS Exclusion (Section 1202) in Virginia?
Investors in qualified small business stock. The federal rules are the same in every state; the requirements are: C-corp with <$50M assets; Held 5+ years; 100% exclusion up to $10M. Virginia filers should confirm on the VA return whether the state follows the federal treatment.
Which forms do I file to claim the QSBS Exclusion (Section 1202)?
Federal: Form 8949, Schedule D. Virginia: check the Virginia Department of Taxation instructions for the matching state schedule. Common mistakes: Not meeting C-corp requirement; Selling before 5 years.
QSBS Exclusion (Section 1202) in other states
Sources
Reviewed 2026-09-17. Estimates are educational planning figures computed from the IRS 2026 inflation adjustments and LevyIO's state bracket dataset; they are not tax advice.