Biden's capital gains tax hike could spark a big sell-off in stocks. Here's what that means for the market (2024)

Democratic U.S. presidential nominee and former Vice President Joe Biden delivers remarks regarding the Supreme Court at the National Constitution Center in Philadelphia, Pennsylvania, U.S., September 20, 2020.

Mark Makela | Reuters

Democratic presidential nominee Joe Biden's plan to increase the capital gains tax could lead to a large-scale sell-off of stocks, according to economic analyses.

As part of his $4 trillion tax plan, Biden has proposed increasing the top tax rate for capital gains for the highest earners to 39.6% from 23.8%, the largest real increase in capital gains rates in history. Economic analyses show that capital gains tax hikes cause a burst of stock-selling in advance of the increase, as investors look to lock in the lower existing tax rates before they rise.

A research paper by Tim Dowd, a senior economist at the U.S. Congress Joint Committee on Taxation, and Robert McClelland, a senior fellow at the Urban-Brookings Tax Policy Center, found that the two previous hikes in capital gains taxes lead to a wave of selling.

In 1986, as part of the Reagan tax plan, the top rate for capital gains jumped from 20% in 1986 to 28% in 1987. In the months before the increase, capital gains realizations — or sales of stocks and other assets — surged by 60%. In 2012, as part of the fiscal cliff negotiations, the top rate went from 15% to 23.8%. Again, in the months leading before the change, capital gains realizations and sales jumped, by 40%.

Dowd and McClelland say that just ahead of a tax increase, investors sell stocks or other assets that have gained value before the higher tax rate becomes effective.

"The short-run effect involves taxpayers rebalancing the timing of their planned sales to correspond to the timing of tax rates," according to the analysis. "The spikes also include realizations that occur to take advantage of what has become a temporarily low tax rate."

Analyses show that every 10% gain in the capital gains tax rate leads to a 7% change in capital gains realizations. That suggests Biden's rate increase — which represents a 66% effective increase in the rate, could lead to a 45% to 50% increase in capital gains sales, which could create a large downward force in the market.

Yet economists say that while stock sales could surge right before an increase, the stock market as a whole wouldn't necessarily fall just because of the tax increase. The stock market continued to rise in 1986, for instance, even as investors realized capital gains before the tax hike. Markets had a more bumpy ride in late 2012 and early 2013, due in part to broader government dysfunction and the threat of a government shutdown.

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Economists say that while there would likely be spike in stock sales if Biden wins and gets a tax increase, the effects on the overall market could be be offset by other factors. Biden's tax increase would only apply to taxpayers earning more than $1 million, so the pool of sellers could be smaller than the investors affected in 1986 and 2012. The share of the stock market owned by individual investors — or those who are subject to the tax — has also declined over time, reducing the impact of a tax hike.

Research by Steven M. Rosenthal, a senior fellow at the Urban-Brookings Tax Policy Center, and Lydia S. Austin, a research assistant at the center, found that the share of all corporate stocks owned by taxable individual investors has fallen from 84% in the 1960s, to 24% in 2015. That means that three-quarters of the stock market is owned by institutions—pension funds, retirement accounts, foreign investors and pass-throughs — that would not be subject to a capital gains tax. And only a portion of the 24% — those with incomes over $1 million—would be affected by any Biden tax, so the effects would be diluted.

More importantly, economists and market experts say that over time, the overall direction of the market tends to be driven more by broader factors — interest rates, economic growth, corporate earnings — than by a single tax policy. With interest rates so low, there are few other places for investor to put their cash if they sell. Some market experts say investors could sell their stocks to capture the lower rate, and then jump right back into the market — limiting any market decline.

"An increase in the capital gains rate would always lead to sales of equities and securities prior to the effective date of the increase," said Roger Altman, founder and senior chairman of Evercore and a Biden supporter. "That will happen every time. But the long-term effects are not historically negative. And those long-term effects depend on broad macroeconomic factors, not just the capital gains rate."

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Biden's capital gains tax hike could spark a big sell-off in stocks. Here's what that means for the market (2024)

FAQs

How will capital gains change under Biden? ›

President Biden's $7.3 trillion FY 2025 budget released March 11, proposes several tax changes aimed at wealthier taxpayers, including a minimum tax on billionaires, a near doubling of the capital gains tax rate, and an increased Medicare tax rate.

What amount triggers capital gains tax? ›

Long-term capital gains tax rate 2024
Fling status0%20%
Single$0 to $47,025$518,901 or more
Married filing jointly$0 to $94,050$583,751 or more
Married filing separately$0 to $47,025$291,851 or more
Head of household$0 to $63,000$551,351 or more
1 more row
Apr 17, 2024

How do you reduce capital gains when selling stocks? ›

9 Ways to Avoid Capital Gains Taxes on Stocks
  1. Invest for the Long Term. ...
  2. Contribute to Your Retirement Accounts. ...
  3. Pick Your Cost Basis. ...
  4. Lower Your Tax Bracket. ...
  5. Harvest Losses to Offset Gains. ...
  6. Move to a Tax-Friendly State. ...
  7. Donate Stock to Charity. ...
  8. Invest in an Opportunity Zone.
Mar 6, 2024

What are the capital gains tax changes for 2024? ›

For the 2024 tax year, individual filers won't pay any capital gains tax if their total taxable income is $47,025 or less. The rate jumps to 15 percent on capital gains, if their income is $47,026 to $518,900. Above that income level the rate climbs to 20 percent.

Is Biden trying to tax unrealized capital gains? ›

President Biden and Congressional Democrats say they want to make “the rich” pay their “fair share.” Their solution is a massive transformation of the tax system to levy an annual tax on unrealized gains of assets like stocks, real estate and collectibles.

What happens if capital gains tax increases? ›

High capital gains tax rates lower the return on investment, thus increasing the cost of capital and depressing overall investment in the economy.

Do you pay capital gains after age 65? ›

This means right now, the law doesn't allow for any exemptions based on your age. Whether you're 65 or 95, seniors must pay capital gains tax where it's due. This can be on the sale of real estate or other investments that have increased in value over their original purchase price, which is known as the 'tax basis'.

Can I sell stock and reinvest without paying capital gains? ›

With some investments, you can reinvest proceeds to avoid capital gains, but for stock owned in regular taxable accounts, no such provision applies, and you'll pay capital gains taxes according to how long you held your investment.

What expenses can I offset against capital gains tax? ›

Examples of such costs are as follows:
  • Estate agents's commission - where there is a property sale.
  • Legal costs.
  • Costs of transfer - e.g. stamp duty land tax.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

How long do you have to hold stocks to avoid capital gains? ›

Generally, if you hold the asset for more than one year before you dispose of it, your capital gain or loss is long-term. If you hold it one year or less, your capital gain or loss is short-term.

Should I sell losing stocks to offset capital gains? ›

After all, even when the market has had a good run, lifting your holdings, you might still have some stocks that are below where you bought them. If you're looking to lock in some of those gains (aka tax-gain harvesting), selling some of your losers can help minimize your capital gains taxes.

Is there zero capital gains tax in 2024? ›

The long-term capital gains tax rates for the 2023 and 2024 tax years are 0%, 15%, or 20%. The higher your income, the more you will have to pay in capital gains taxes. The rate is 0% for: Unmarried individuals filing separately with a taxable income less than or equal to $47,025.

How do I avoid capital gains on my taxes? ›

Here are four of the key strategies.
  1. Hold onto taxable assets for the long term. ...
  2. Make investments within tax-deferred retirement plans. ...
  3. Utilize tax-loss harvesting. ...
  4. Donate appreciated investments to charity.

What are bidens new tax laws? ›

President Biden has secured major reforms to crack down on corporate tax avoidance and ensure that large corporations start paying more of their fair share, including a 15 percent corporate minimum tax and a surcharge on large, publicly-traded corporations that buy back their own stock.

What will long-term capital gains tax be in 2026? ›

Specifically, beginning in 2026, the rates will be 10, 15, 25, 28, 33, 35, and 39.6 percent. A separate rate schedule specified in the tax code applies to taxable income in the form of qualified dividends and most long-term capital gains, with a maximum statutory rate of 20 percent.

Did the capital gains exclusion increase? ›

The bipartisan bill increases the capital gain exclusion amounts on the sale of a principal residence to $500,000 for single filers and $1 million for joint filers and indexes the exclusion for inflation.

What is the Biden estate tax proposal? ›

Reduction of lifetime exemption: Biden has proposed for the estate and gift tax lifetime exemptions to return to year 2009 levels which are $3.5 million estate and $1 million gift with an increased maximum tax rate of 45%.

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