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Tax Planning

Ordinary Income vs Capital Gains

Ordinary income and capital gains are taxed at different rates. Understanding the holding period rules, netting process, and loss carryforward can reduce your total tax burden.

Ordinary Income vs Capital Gains

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Ordinary Income vs Capital Gains, Overview

  • Ordinary income is taxed at graduated rates from 10% to 37%
  • Long-term capital gains receive preferential rates of 0%, 15%, or 20%
  • The holding period, more or less than one year, determines the treatment
  • Strategic timing of asset sales can shift income from ordinary to capital gains rates

Full Guide

Ordinary Income vs Capital Gains, Overview

  • Ordinary income is taxed at graduated rates from 10% to 37%
  • Long-term capital gains receive preferential rates of 0%, 15%, or 20%
  • The holding period, more or less than one year, determines the treatment
  • Strategic timing of asset sales can shift income from ordinary to capital gains rates

Types of Ordinary Income and Capital Gains

  • Ordinary: wages, salaries, bonuses, self-employment, interest, short-term gains
  • Capital gains come from selling assets like stocks, bonds, or real estate
  • Long-term treatment requires holding the asset for more than one year
  • Inherited assets receive a stepped-up basis, potentially eliminating the gain

2025 Tax Rate Comparison

  • Ordinary rates: 10%, 12%, 22%, 24%, 32%, 35%, and 37% brackets
  • Long-term capital gains: 0% up to $47,025 single / $94,050 MFJ
  • 15% rate applies up to $518,900 single / $583,750 MFJ
  • 20% rate applies above those thresholds, plus potential 3.8% NIIT

Netting Rules for Gains and Losses

  • Short-term gains and losses are netted against each other first
  • Long-term gains and losses are netted against each other separately
  • Net short-term losses offset net long-term gains and vice versa
  • The character of the remaining net gain determines the applicable tax rate

Capital Loss Deduction and Carryforward

  • Net capital losses can offset up to $3,000 of ordinary income per year
  • Excess losses carry forward indefinitely to future tax years
  • Carried-forward losses retain their short-term or long-term character
  • The wash sale rule disallows losses if you repurchase the same security within 30 days

Special Rates, Collectibles and Recapture

  • Collectibles like art, coins, and antiques are taxed at a maximum 28% rate
  • Section 1250 depreciation recapture on real estate is taxed at up to 25%
  • Qualified small business stock (Section 1202) may exclude up to 100% of gain
  • Installment sales can spread gain recognition across multiple tax years

Planning Strategies

  • Hold appreciated assets beyond one year to convert short-term to long-term gains
  • Harvest losses in down markets to offset current or future capital gains
  • Use tax-lot identification to sell highest-basis shares and minimize gains
  • Consider qualified opportunity zone investments to defer and reduce capital gains
  • The one-year holding period is the dividing line between ordinary and capital rates