All 50 states
| State | License to broker a sale | State tax on the gain (2026) | City guides |
|---|---|---|---|
| No business-broker license | Top 5.00% | - | |
| Unconfirmed | None | - | |
| Yes - real estate license | Top 2.50% flat | 3 | |
| No business-broker license | Top 3.90% + special rule | - | |
| Yes - real estate license | Top 13.30% | 6 | |
| If real estate or a lease is involved | Top 4.40% flat | 1 | |
| No business-broker license | Top 6.99% | - | |
| No business-broker license | Top 6.60% | - | |
| Yes - real estate license | None | 8 | |
| If real estate or a lease is involved | Top 5.19% flat | 1 | |
| No business-broker license | Top 11.00% + special rule | - | |
| If real estate or a lease is involved | Top 5.30% flat + special rule | 1 | |
| Registration required | Top 4.95% flat | 1 | |
| No business-broker license | Top 2.95% flat | 1 | |
| No business-broker license | Top 3.80% flat + special rule | - | |
| No business-broker license | Top 5.58% | - | |
| No business-broker license | Top 3.50% flat | 1 | |
| No business-broker license | Top 3.00% flat | - | |
| No business-broker license | Top 7.15% | - | |
| No business-broker license | Top 6.50% + special rule | 1 | |
| No business-broker license | Top 9.00% + special rule | 1 | |
| Yes - real estate license | Top 4.25% flat | 1 | |
| Yes - real estate license | Top 9.85% + special rule | 1 | |
| No business-broker license | Top 4.00% flat | - | |
| No business-broker license | 0% on cap gains + special rule | 2 | |
| No business-broker license | Top 5.65% + special rule | - | |
| If real estate or a lease is involved | Top 4.55% | - | |
| Yes - real estate license | None | 1 | |
| No business-broker license | None | - | |
| Unclear - ask counsel | Top 10.75% | - | |
| No business-broker license | Top 5.90% + special rule | 1 | |
| No business-broker license | Top 10.90% | 2 | |
| No business-broker license | Top 3.99% flat | 2 | |
| No business-broker license | Top 2.50% + special rule | - | |
| No business-broker license | Top 2.75% flat | 1 | |
| No business-broker license | Top 4.50% + special rule | - | |
| Only for real estate interests | Top 9.90% | 1 | |
| No business-broker license | Top 3.07% flat | 2 | |
| No business-broker license | Top 5.99% | - | |
| No business-broker license | Top 6.00% + special rule | - | |
| Yes - real estate license | None | - | |
| No business-broker license | None | 1 | |
| No business-broker license | None | 5 | |
| If real estate or a lease is involved | Top 4.50% flat | - | |
| No business-broker license | Top 8.75% + special rule | - | |
| No business-broker license | Top 5.75% | 1 | |
| If real estate or a lease is involved | 7% cap gains excise + special rule | 1 | |
| No business-broker license | Top 4.82% | - | |
| Yes - real estate license | Top 7.65% + special rule | - | |
| Unconfirmed | None | - |
What business brokers charge
Main Street business brokers usually charge a success fee - a percentage of the sale price paid at closing - with a minimum fee; lower-middle-market M&A advisers often use tiered percentages and may charge an upfront retainer credited against the success fee. Few brokers publish their rates. Two that do: Empire Flippers (online businesses) charges 15% of the price up to $700,000, then 8% up to $5M and 2.5% above; Flippa charges a 10% success fee plus a listing fee. Use published schedules as a benchmark when you negotiate, and compare total cost if the deal does not close. See broker vs DIY for the fee math and our broker reviews.
Broker and marketplace reviews
Want help finding a vetted business broker?
Tell us about your business and what you need. We are building a list of vetted brokers and M&A advisers and will follow up personally with next steps. No obligation.
Frequently asked questions
Do business brokers need a license?
It depends on the state. Some (Florida, California, Michigan, Minnesota, Wisconsin, Nevada, Arizona, South Dakota) treat business brokerage as real estate brokerage; others require a real estate license only when real estate or a lease is part of the deal; Illinois requires registration; most states have no requirement.
How do I find a good business broker?
Check the license where one is required, ask for closed deals in your industry and size, get all fees and the exclusivity/tail terms in writing, and know your own valuation first.
Sources
- Tax Foundation - 2026 State Individual Income Tax Rates and Brackets (accessed 2026-09-23)
- Business Brokerage Press - Business broker state licensing (accessed 2026-09-23)
- A.R.S. 32-2101 - Definitions (Arizona Legislature) (accessed 2026-09-23)
- California B&P Code 10030 - Business opportunity (accessed 2026-09-23)
- California B&P Code 10131 - Real estate broker (accessed 2026-09-23)
- C.R.S. 12-10-201 - Definitions (Colorado real estate brokers) (accessed 2026-09-23)
- Florida Statutes 475.01 - Definitions (accessed 2026-09-23)
- Georgia Real Estate Commission rules, Chapter 520-1 (Licensure and brokerage) (accessed 2026-09-23)
- Idaho Code 54-2004 - Definitions (Idaho Legislature) (accessed 2026-09-23)
- Illinois Business Brokers Act of 1995 (815 ILCS 307) (accessed 2026-09-23)
- Illinois Secretary of State Securities Department - Business Brokers (accessed 2026-09-23)
- Michigan Public Act 122 of 2024 (MCL 339.2501 definitions) (accessed 2026-09-23)
- Minnesota Statutes 82.55 - Definitions (accessed 2026-09-23)
- Neb. Rev. Stat. 81-885.01 - Terms defined (accessed 2026-09-23)
- NRS 645.030 - "Real estate broker" defined (accessed 2026-09-23)
- N.J.S.A. 45:15-1 - License required (accessed 2026-09-23)
- ORS 696.010 - Definitions (Oregon real estate) (accessed 2026-09-23)
- South Dakota Real Estate License Laws (SDCL 36-21A), Dept. of Labor & Regulation (accessed 2026-09-23)
- Utah Code 61-2f-102 - Definitions (accessed 2026-09-23)
- RCW 18.85.011 - Definitions (accessed 2026-09-23)
- Wis. Stat. 452.01 - Definitions (accessed 2026-09-23)
- Arkansas DFA - 2025 AR1000D capital gains schedule (accessed 2026-09-23)
- Wisconsin DOR Pub. 103 - Reporting capital gains and losses (accessed 2026-09-23)
- S.C. Code 12-6-1150 - Net capital gain deduction (accessed 2026-09-23)
- North Dakota Century Code ch. 57-38 (income tax) (accessed 2026-09-23)
- MCA 15-30-2103 - Rate of tax, net long-term capital gains (accessed 2026-09-23)
- NMSA 7-2-34 - Capital gains deduction (accessed 2026-09-23)
- NM Legislature - HB 252 (2024) fiscal impact report (accessed 2026-09-23)
- Vermont Department of Taxes - Taxable income (capital gains exclusion) (accessed 2026-09-23)
- Tax Foundation of Hawaii - Individual income tax (HRS ch. 235) (accessed 2026-09-23)
- Mass.gov - Massachusetts 4% surtax on taxable income (accessed 2026-09-23)
- Washington DOR - Capital gains tax (accessed 2026-09-23)
- Missouri DOR - Missouri first state to fully exempt capital gains tax (accessed 2026-09-23)
- Comptroller of Maryland - Technical Bulletin 58 (capital gains surtax) (accessed 2026-09-23)
- Iowa DOR - Capital gain deduction for certain business / farm assets (accessed 2026-09-23)
- Oklahoma Tax Commission - Form 561, Oklahoma capital gain deduction (accessed 2026-09-23)
- Idaho State Tax Commission - Capital gains deduction (accessed 2026-09-23)