How are capital gains taxed? (2024)

A capital gain is realized when a capital asset is sold or exchanged at a price higher than its basis. Basis is an asset’s purchase price, plus commissions and the cost of improvements less depreciation. A capital loss occurs when an asset is sold for less than its basis. Gains and losses (like other forms of capital income and expense) are not adjusted for inflation.

Capital gains and losses are classified as long term if the asset was held for more than one year, and short term if held for a year or less. Short-term capital gains are taxed as ordinary income at rates up to 37 percent; long-term gains are taxed at lower rates, up to 20 percent. Taxpayers with modified adjusted gross income above certain amounts are subject to an additional 3.8 percent net investment income tax (NIIT) on long- and short-term capital gains.

The Tax Cuts and Jobs Act (TCJA), enacted at the end of 2017, retained the preferential tax rates on long-term capital gains and the 3.8 percent NIIT. TCJA separated the tax rate thresholds for capital gains from the tax brackets for ordinary income for taxpayers with higher incomes (table 1). The thresholds for the new capital gains tax brackets are indexed for inflation, but, as under prior law, the income thresholds for the NIIT are not. TCJA also eliminated the phaseout of itemized deductions, which had raised the maximum capital gains tax rate above the 23.8 percent statutory rate in some cases.

How are capital gains taxed? (1)

There are special rules for certain types of capital gains. Gains on art and collectibles are taxed at ordinary income tax rates up to a maximum rate of 28 percent. Up to $250,000 ($500,000 for married couples) of capital gains from the sale of principal residences is tax-free if taxpayers meet certain conditions including having lived in the house for at least 2 of the previous 5 years. Up to the greater of $10 million of capital gains or 10 times the basis on stock held for more than five years in a qualified domestic C corporation with gross assets under $50 million on the date of the stock’s issuance are excluded from taxation. Also excluded from taxation are capital gains from investments held for at least 10 years in designated Opportunity Funds. Gains on Opportunity Fund investments held between 5 and 10 years are eligible for a partial exclusion.

Capital losses may be used to offset capital gains, along with up to $3,000 of other taxable income. The unused portion of a capital loss may be carried over to future years.

The tax basis for an asset received as a gift equals the donor’s basis. However, the basis of an inherited asset is “stepped up” to the value of the asset on the date of the donor’s death. The step-up provision effectively exempts from income tax any gains on assets held until death.

C corporations pay the regular corporation tax rates on the full amount of their capital gains and may use capital losses only to offset capital gains, not other kinds of income.

MAXIMUM TAX RATE ON CAPITAL GAINS

For most of the history of the income tax, long-term capital gains have been taxed at lower rates than ordinary income (figure 1). The maximum long-term capital gains and ordinary income tax rates were equal in 1988 through 1990. Since 2003, qualified dividends have also been taxed at the lower rates.

How are capital gains taxed? (2)

Updated May 2020

Further Reading

Auten, Gerald. 2005. “Capital Gains Taxation.” In Encyclopedia of Taxation and Tax Policy, 2nd ed., edited by Joseph Cordes, Robert Ebel, and Jane Gravelle, 46–49. Washington, DC: Urban Institute Press.

Burman, Leonard E. 1999. The Labyrinth of Capital Gains Tax Policy: A Guide for the Perplexed. Washington, DC: Brookings Institution Press.

Kobes, Deborah, and Leonard E. Burman. 2004. “Preferential Capital Gains Tax Rates.” Tax Notes. January 19.

How are capital gains taxed? (2024)

FAQs

How are capital gains taxed? ›

Capital gains and losses are classified as long term if the asset was held for more than one year, and short term if held for a year or less. Short-term capital gains are taxed as ordinary income at rates up to 37 percent; long-term gains are taxed at lower rates, up to 20 percent.

How do you calculate capital gains tax? ›

Capital gain calculation in four steps
  1. Determine your basis. ...
  2. Determine your realized amount. ...
  3. Subtract your basis (what you paid) from the realized amount (how much you sold it for) to determine the difference. ...
  4. Review the descriptions in the section below to know which tax rate may apply to your capital gains.

How can I avoid paying capital gains tax? ›

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.
Apr 4, 2023

What is the capital gains tax on $200 000? ›

= $
Single TaxpayerMarried Filing JointlyCapital Gain Tax Rate
$0 – $44,625$0 – $89,2500%
$44,626 – $200,000$89,251 – $250,00015%
$200,001 – $492,300$250,001 – $553,85015%
$492,301+$553,851+20%
Jan 11, 2023

Is capital gains tax based on income or profit? ›

Capital gains taxes are owed on the profits from the sale of most investments if they are held for at least one year. The taxes are reported on a Schedule D form. The capital gains tax rate is 0%, 15%, or 20%, depending on your taxable income for the year. High earners pay more.

How do you calculate capital gains tax on the sale of a home? ›

As with other assets such as stocks, capital gains on a home are equal to the difference between the sale price and the seller's basis. Your basis in your home is what you paid for it, plus closing costs and non-decorative investments you made in the property, like a new roof.

Do capital gains count as income? ›

Capital gains are generally included in taxable income, but in most cases, are taxed at a lower rate. A capital gain is realized when a capital asset is sold or exchanged at a price higher than its basis.

How much tax do I pay on $50000 capital gains? ›

If the capital gain is $50,000, this amount may push the taxpayer into the 22 percent marginal tax bracket. In this instance, the taxpayer would pay 0 percent of capital gains tax on the amount of capital gain that fits into the 12 percent marginal tax bracket.

How much capital gains tax do I pay on $100000 profit? ›

In this example, you see a capital gain of $100,000 on your home sale. If your income and asset class put you in the 20% capital gains tax bracket, you pay 20% of your profit. That's 20% of $100,000, or $20,000. You don't need to pay 20% of the entire $350,000 sale because you had to spend $250,000 to buy the asset.

Who pays 20% capital gains tax? ›

Long-term capital gains tax rates for the 2023 tax year

In 2023, individual filers won't pay any capital gains tax if their total taxable income is $44,625 or less. The rate jumps to 15 percent on capital gains, if their income is $44,626 to $492,300. Above that income level the rate climbs to 20 percent.

Is capital gains calculated on gross or net income? ›

While capital gains may be taxed at a different rate, they are still included in your adjusted gross income, or AGI, and thus can affect your tax bracket and your eligibility for some income-based investment opportunities.

Why is income tax higher than capital gains tax? ›

The most important thing to understand is that long-term realized capital gains are subject to a substantially lower tax rate than ordinary income. This means that investors have a big incentive to hold appreciated assets for at least a year and a day, qualifying them as long-term and for the preferential rate.

Are capital gains taxed twice? ›

But are those capital gains taxed twice? It depends. When it comes to traditional asset investments (such as stocks), proceeds from the sale can be taxed twice, once at the corporate level and again at the personal level. Then there are capital gains at the state level.

At what age do you not pay capital gains? ›

In the late 20th century, the IRS allowed people over the age of 55 to take a special exemption on capital gains taxes when they sold a home.

What is the 6 year rule for capital gains tax? ›

Here's how it works: Taxpayers can claim a full capital gains tax exemption for their principal place of residence (PPOR). They also can claim this exemption for up to six years if they moved out of their PPOR and then rented it out.

Which states do not have capital gains tax? ›

The following states do not tax capital gains:
  • Alaska.
  • Florida.
  • New Hampshire.
  • Nevada.
  • South Dakota.
  • Tennessee.
  • Texas.
  • Wyoming.
Mar 15, 2023

How long to own a house before selling to avoid capital gains? ›

The two years don't need to be consecutive, but house-flippers should beware. If you sell a house that you didn't live in for at least two years, the gains can be taxable.

What is the one time capital gains exemption? ›

Key Takeaways. You can sell your primary residence and be exempt from capital gains taxes on the first $250,000 if you are single and $500,000 if married filing jointly.

Can you avoid capital gains tax by buying another house? ›

You might be able to defer capital gains by buying another home. As long as you sell your first investment property and apply your profits to the purchase of a new investment property within 180 days, you can defer taxes. You might have to place your funds in an escrow account to qualify.

What is the $250000 / $500,000 home sale exclusion? ›

If you have a capital gain from the sale of your main home, you may qualify to exclude up to $250,000 of that gain from your income, or up to $500,000 of that gain if you file a joint return with your spouse. Publication 523, Selling Your Home provides rules and worksheets.

Does capital gains affect Social Security? ›

No. Income that comes from something other than work, such as pensions, annuities, investment income, interest, IRA and 401(k) distributions, and capital gains is not counted toward the earnings limit and will not affect your benefit. Join our fight to protect Social Security.

What is the maximum capital gains tax rate? ›

However, for any gain that is not exempt from tax, a maximum capital gains tax rate of 28% applies. As with the 28% rate for collectibles, if your ordinary tax rate is below 28%, then that rate will apply to taxable QSBS gain.

What do I owe in taxes if I made $160000? ›

If you make $160,000 a year living in the region of California, USA, you will be taxed $54,742. That means that your net pay will be $105,258 per year, or $8,771 per month.

What do I owe in taxes if I made $120000? ›

If you make $120,000 a year living in the region of California, USA, you will be taxed $38,515. That means that your net pay will be $81,485 per year, or $6,790 per month.

Do capital gains affect tax bracket? ›

Ordinary income is calculated separately and taxed at ordinary income rates. More long-term capital gains may push your long-term capital gains into a higher tax bracket (0%, 15%, or 20%), but they will not affect your ordinary income tax bracket.

How much profit can I make before paying capital gains tax? ›

Long-term capital gains rates are 0%, 15% or 20%, and married couples filing together fall into the 0% bracket for 2021 with taxable income of $80,800 or less ($40,400 for single investors). The 0% thresholds rise to $83,350 for joint filers and $41,675 for single taxpayers in 2022.

How much capital loss can you carry over? ›

The IRS caps your claim of excess loss at the lesser of $3,000 or your total net loss. Capital loss carryover (also known as carryforward) comes in when your total exceeds that $3,000, letting you pass it on to future years' taxes. There's no limit to the amount you can carry over.

What is a 1031 exchange and how does it work? ›

A 1031 exchange is a real estate investing tool that allows investors to swap out an investment property for another and defer capital gains or losses or capital gains tax that you otherwise would have to pay at the time of sale.

Is capital gains based on adjusted gross income? ›

Adjusted Gross Income (AGI) is defined as gross income minus adjustments to income. Gross income includes your wages, dividends, capital gains, business income, retirement distributions as well as other income.

Who benefits from capital gains tax? ›

Capital gains are the profits that are realized by selling an investment, such as stocks, bonds, or real estate. Capital gains taxes are lower than ordinary income taxes, providing an advantage to investors over wage workers.

What is the 2 year rule for capital gains tax? ›

How do I avoid the capital gains tax on real estate? If you have owned and occupied your property for at least 2 of the last 5 years, you can avoid paying capital gains taxes on the first $250,000 for single-filers and $500,000 for married people filing jointly.

Do I pay federal and state taxes on capital gains? ›

Capital gains are taxable at both the federal level and the state level.

Why should we get rid of capital gains tax? ›

Taxing capital gains effectively increases the cost of funds to firms because it reduces the after-tax return to stockholders. In other words, if potential stockholders knew that they would not have to pay taxes on the appreciation of their assets, they would be willing to pay a higher price for new issues of stock.

What is the simple formula for capital gains? ›

To calculate your capital gain or capital loss, subtract the total of your property's adjusted cost base (ACB) , and any outlays and expenses you incurred to sell it, from the proceeds of disposition.

Is capital gains calculated on sale price or profit? ›

Capital gains taxes apply to the sale of stocks, real estate, mutual funds and other capital assets. The tax is based on the profit you made — the price you sold it for minus the price you paid — and how long you held onto the asset.

How do you calculate capital gains on sale of assets? ›

Long-term capital gain = Final Sale Price – (indexed cost of acquisition + indexed cost of improvement + cost of transfer), where: Indexed cost of acquisition = cost of acquisition x cost inflation index of the year of transfer/cost inflation index of the year of acquisition.

What is the capital gains rule? ›

You have a capital gain if you sell the asset for more than your adjusted basis. You have a capital loss if you sell the asset for less than your adjusted basis. Losses from the sale of personal-use property, such as your home or car, aren't tax deductible.

Do you have to pay capital gains if you reinvest in another house? ›

You will carry your cost basis forward into the new property, and you can reinvest without paying taxes. However, when you eventually cash out, you will have to pay all of your capital gains and recapture taxes in one large lump sum.

What is capital gains tax on $100000? ›

In this example, you see a capital gain of $100,000 on your home sale. If your income and asset class put you in the 20% capital gains tax bracket, you pay 20% of your profit. That's 20% of $100,000, or $20,000. You don't need to pay 20% of the entire $350,000 sale because you had to spend $250,000 to buy the asset.

What is capital gains tax on $50 000? ›

If the capital gain is $50,000, this amount may push the taxpayer into the 22 percent marginal tax bracket. In this instance, the taxpayer would pay 0 percent of capital gains tax on the amount of capital gain that fits into the 12 percent marginal tax bracket.

Does capital gains put you in a higher tax bracket? ›

Ordinary income is calculated separately and taxed at ordinary income rates. More long-term capital gains may push your long-term capital gains into a higher tax bracket (0%, 15%, or 20%), but they will not affect your ordinary income tax bracket.

What is the 2 5 rule for capital gains tax? ›

When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.

What is the 2 in 5 year rule? ›

The 2-out-of-five-year rule states that you must have both owned and lived in your home for a minimum of two out of the last five years before the date of sale.

Top Articles
Latest Posts
Article information

Author: Stevie Stamm

Last Updated:

Views: 5825

Rating: 5 / 5 (60 voted)

Reviews: 91% of readers found this page helpful

Author information

Name: Stevie Stamm

Birthday: 1996-06-22

Address: Apt. 419 4200 Sipes Estate, East Delmerview, WY 05617

Phone: +342332224300

Job: Future Advertising Analyst

Hobby: Leather crafting, Puzzles, Leather crafting, scrapbook, Urban exploration, Cabaret, Skateboarding

Introduction: My name is Stevie Stamm, I am a colorful, sparkling, splendid, vast, open, hilarious, tender person who loves writing and wants to share my knowledge and understanding with you.