NY doesn't have a capital gains tax. Your gain will be taxed as ordinary income.Gain clarity on whether you need to pay taxes on a home sale and learn ways to potentially avoid the capital gains tax when selling a house. Get answers to frequently asked questions about capital gains, losses and the sale of your home. You can't deduct a loss on the sale. If you rented out your second home for profit, gain usually is taxed as capital gain. Learn about capital gains tax on home sales, exemptions, and strategies to reduce tax liability. "You also get credit for the expenses for the sale of the property," added Scanlon, who is also a certified public accountant. The remaining amount of the gain is taxed at the longterm capital gains tax rate. You would have to report that sale and possibly pay a capital gains tax on the resulting profit.