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Tax Planning

Capital Gains Tax Rates

Long-term and short-term capital gains tax brackets, the 3.8% NIIT surtax, cost basis calculations, loss harvesting, and strategies for managing taxable gains.

Capital Gains Tax Rates

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Long-Term vs Short-Term Capital Gains

  • Assets held longer than one year qualify for preferential long-term rates of 0%, 15%, or 20%
  • Assets held one year or less are taxed at ordinary income rates up to 37%
  • The 0% bracket can be valuable for retirees or low-income years to realize gains tax-free
  • Holding at least one year and one day converts short-term treatment to long-term

Full Guide

Long-Term vs Short-Term Capital Gains

  • Assets held longer than one year qualify for preferential long-term rates of 0%, 15%, or 20%
  • Assets held one year or less are taxed at ordinary income rates up to 37%
  • The 0% bracket can be valuable for retirees or low-income years to realize gains tax-free
  • Holding at least one year and one day converts short-term treatment to long-term

How to Calculate Capital Gains

  • Capital gain equals sale price minus cost basis minus selling expenses
  • Cost basis is generally the purchase price plus commissions, fees, and reinvested dividends
  • Inherited assets receive a stepped-up basis to fair market value at the date of death
  • Gifted assets carry over the donor's original basis, which can create a surprise tax bill

What Counts as a Capital Asset

  • Stocks, bonds, mutual funds, ETFs, real estate, and collectibles are all capital assets
  • Collectibles like art and coins are taxed at a maximum long-term rate of 28%
  • Qualified small business stock (Section 1202) may exclude up to 100% of gains
  • Cryptocurrency is treated as property by the IRS and subject to capital gains rules

Net Investment Income Tax and State Taxes

  • A 3.8% NIIT surtax applies above $200K single or $250K married filing jointly MAGI
  • The NIIT makes the effective top federal rate on long-term gains 23.8%
  • Most states tax capital gains as ordinary income, with rates ranging from 0% to over 13%
  • Nine states have no income tax; California taxes gains at up to 13.3%

Tax-Loss Harvesting

  • Selling losing investments to offset gains can reduce your current-year tax bill
  • Up to $3,000 of net capital losses can offset ordinary income annually
  • Unused losses carry forward indefinitely to offset gains in future years
  • The wash-sale rule disallows the loss if you repurchase identical securities within 30 days

Capital Loss Netting Rules

  • Short-term gains and losses are netted first, then long-term gains and losses
  • If one category has a net loss, it offsets the net gain in the other category
  • Any remaining net loss up to $3,000 offsets ordinary income; the rest carries forward
  • Strategic netting can help use losses to offset gains taxed at the highest rates first

Strategies to Manage Capital Gains

  • Donating appreciated securities to charity avoids capital gains tax and provides a deduction
  • Qualified Opportunity Zone investments can defer and partially reduce capital gains
  • Timing asset sales across tax years helps manage bracket exposure and the NIIT threshold
  • Installment sales spread gain recognition over multiple years, potentially lowering rates