Capital gains tax (2024)

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Capital gains tax (1)

State tax policy
Personal income tax
Sales tax
Corporate income tax
Excise tax
Capital gains tax (2)

Contents

  • 1 Federal capital gains tax
    • 1.1 Current rates
    • 1.2 History
  • 2 Capital gains tax rates by state
  • 3 Recent news
  • 4 See also
  • 5 External links
    • 5.1 Additional reading
  • 6 Footnotes

A capital gains tax is a tax levied on the profit gleaned from the sale of a capital asset. Capital assets include corporate stocks, businesses, land parcels, homes, personal items and other such assets. When someone sells a capital asset, the difference between the asset's basis, or original cost, and its selling price is the capital gain (if a profit is made) or capital loss. Capital gains are taxable at both the federal level and the state level.[1][2][3]

At the federal level, capital gains are taxed at a lower rate than personal income. Short-term gains (i.e., gains on assets held for one year or less) are taxed at a higher rate than long-term gains (i.e., gains on assets held for more than one year). By contrast, most states tax capital gains according to the same rates as other personal income.[1][2][3]

Proponents of capital gains taxes claim that these taxes can generate significant revenues while impacting only a small subset of high-income taxpayers. Opponents, meanwhile, contend that capital gains taxes discourage savings and investment, thereby hindering economic development.[4][5]

Federal capital gains tax

Current rates

An individual's capital gains tax liability is contingent on his or her personal income tax liability. The tables below summarize both personal income tax and capital gains tax rates for single individuals and married couples filing jointly in 2017.[1][6]

Federal personal income and capital gains tax rates, 2017 (single filing status)
Taxable incomePersonal income tax rateCapital gains tax rate
LowHigh
$0$9,32510%0%
$9,325$37,95015%0%
$37,950$91,90025%15%
$91,900$191,65028%15%
$191,650$416,70033%15%
$416,700$418,40035%15%
$418,400 and up39.60%20%
Note: For complete notes and annotations, please see the source below.
Source: Charles Schwab, "Taxes: What's New for 2017?" January 4, 2017
Federal personal income and capital gains tax rates, 2017 (married filing jointly)
Taxable incomePersonal income tax rateCapital gains tax rate
LowHigh
$0$18,65010%0%
$18,650$75,90015%0%
$75,900$153,10025%15%
$153,100$233,35028%15%
$233,350$416,70033%15%
$416,700$470,70035%15%
$470,700 and up39.60%20%
Note: For complete notes and annotations, please see the source below.
Source: Charles Schwab, "Taxes: What's New for 2017?" January 4, 2017

History

According to the Urban Institute, capital gains were taxed at the same rates as regular income from 1913 to 1921. Since then, capital gains have been taxed at different rates than ordinary income, though the calculus involved in determining rates has changed considerably. The table below summarizes capital gains tax rates and revenues for 1954 through 2009. From 1954 through the late 1970s, uppermost long-term rates increased from 20 percent to nearly 40 percent. These rates peaked at 39.875 percent from 1976 through 1978. Beginning in 1997, uppermost rates steadily declined from 29.19 percent to a low of 15.35 percent in 2009.[7][8]

Historical capital gains tax rates, 1954-2014 (dollars in millions)
YearTotal realized capital gainsTaxes paid on capital gainsAverage effective tax rateRealized gains as a percent of GDPMaximum tax rate on long-term gains
1954$7,157$1,01014.1%1.88%25%
1955$9,881$1,46514.8%2.38%25%
1956$9,683$1,40214.5%2.21%25%
1957$8,110$1,11513.7%1.76%25%
1958$9,440$1,30913.9%2.02%25%
1959$13,137$1,92014.6%2.59%25%
1960$11,747$1,68714.4%2.23%25%
1961$16,001$2,48115.5%2.94%25%
1962$13,451$1,95414.5%2.3%25%
1963$14,579$2,14314.7%2.36%25%
1964$17,431$2,48214.2%2.63%25%
1965$21,484$3,00314%2.99%25%
1966$21,348$2,90513.6%2.71%25%
1967$27,535$4,11214.9%3.31%25%
1968$35,607$5,94316.7%3.91%26.9%
1969$31,439$5,27516.8%3.19%27.5%
1970$20,848$3,16115.2%2.01%32.21%
1971$28,341$4,35015.3%2.52%34.25%
1972$35,869$5,70815.9%2.9%36.5%
1973$35,757$5,36615%2.59%36.5%
1974$30,217$4,25314.1%2.02%36.5%
1975$30,903$4,53414.7%1.89%36.5%
1976$39,492$6,62116.8%2.16%39.875%
1977$45,338$8,23218.2%2.23%39.875%
1978$50,526$9,10418%2.2%39.875% / 33.85%
1979$73,443$11,75316%2.87%28%
1980$74,132$12,45916.8%2.66%28%
1981$80,938$12,85215.9%2.59%28.00% / 20.00%
1982$90,153$12,90014.3%2.77%20%
1983$122,773$18,70015.2%3.47%20%
1984$140,500$21,45315.3%3.57%20%
1985$171,985$26,46015.4%4.08%20%
1986$327,725$52,91416.1%7.35%20%
1987$148,449$33,71422.7%3.13%28%
1988$162,592$38,86623.9%3.19%28%
1989$154,040$35,25822.9%2.81%28%
1990$123,783$27,82922.5%2.13%28%
1991$111,592$24,90322.3%1.86%28.93%
1992$126,692$28,98322.9%2%28.93%
1993$152,259$36,11223.7%2.28%29.19%
1994$152,727$36,24323.7%2.16%29.19%
1995$180,130$44,25424.6%2.43%29.19%
1996$260,696$66,39625.5%3.33%29.19%
1997$364,829$79,30521.7%4.38%29.19% / 21.19%
1998$455,223$89,06919.6%5.18%21.19%
1999$552,608$111,82120.2%5.91%21.19%
2000$644,285$127,29719.8%6.47%21.19%
2001$349,441$65,66818.8%3.4%21.17%
2002$268,615$49,12218.3%2.52%21.16%
2003$323,306$51,34015.9%2.9%21.05% / 16.05%
2004$499,154$73,21314.7%4.21%16.05%
2005$690,152$102,17414.8%5.47%16.05%
2006$798,214$117,79314.8%5.97%15.7%
2007$924,164$137,14114.8%6.59%15.7%
2008$497,841$68,79113.8%3.48%15.35%
2009$263,460$36,68613.9%1.89%15.35%
2010$394,230$55,01714.0%2.63%15.00%
2011$404,344$56,68214.0%2.61%15.00%
2012$647,073$91,17814.1%4.01%15.00%
2013$510,530$98,79819.4%3.06%25.10%
2014$716,162$139,12719.4%4.02%25.10%
Source: Tax Policy Center, "Historical Capital Gains and Taxes," November 20, 2012

Capital gains tax rates by state

In 2015, the Tax Foundation released a report detailing the uppermost capital gains tax liabilities by state. As the Tax Foundation notes, most states do not levy a separate capital gains tax. Rather, the states tax capital gains according to the same rates as personal income. The table below summarizes uppermost capital gains tax liabilities by state in 2015. California's uppermost rate ranked highest in the country at 13.3 percent. The combined rate (including the state and federal uppermost rates, as well as a 3.8 percent surtax) totaled 33 percent. By contrast, nine states that do not levy a personal income or capital gains tax tied for the lowest combined uppermost rate in the nation at 25 percent.[2]

Uppermost capital gains tax rates by state, 2015
StateState uppermost rateCombined uppermost rate
Alabama5%27.4%
Alaska0%25%
Arizona4.5%27.7%
Arkansas7%27.9%
California13.3%33%
Colorado4.6%27.8%
Connecticut6.7%29%
Delaware6.6%29%
Florida0%25%
Georgia6%28.6%
Hawaii7.3%29.4%
Idaho7.4%29.4%
Illinois5%28%
Indiana3.4%27.8%
Iowa9%29.6%
Kansas4.8%27.9%
Kentucky6%28.6%
Louisiana6%27.9%
Maine8%29.8%
Maryland5.8%30.3%
Massachusetts5.2%28.1%
Michigan4.4%27.8%
Minnesota9.9%30.9%
Mississippi5%28%
Missouri6%28.6%
Montana6.9%27.9%
Nebraska6.8%29.1%
Nevada0%25%
New Hampshire0%25%
New Jersey9%30.4%
New Mexico4.9%26.5%
New York8.8%31.5%
North Carolina5.8%28.5%
North Dakota3.2%26.3%
Ohio5.4%28.9%
Oklahoma5.3%28.2%
Oregon9.9%31%
Pennsylvania3.1%26.8%
Rhode Island6%28.6%
South Carolina7%27.3%
South Dakota0%25%
Tennessee0%25%
Texas0%25%
Utah5%28%
Vermont9%30.4%
Virginia5.8%28.5%
Washington0%25%
West Virginia6.5%28.9%
Wisconsin7.7%28.2%
Wyoming0%25%
Note: For complete notes and annotations, please see the source below.
Source: Tax Foundation, "The High Burden of State and Federal Capital Gains Tax Rates," accessed October 26, 2017

Recent news

This section links to a Google news search for the term "Capital + gains + tax"

See also

External links

Additional reading

Footnotes

  1. 1.0 1.1 1.2 Internal Revenue Service, "Topic 409 - Capital Gains and Losses," August 19, 2014
  2. 2.0 2.1 2.2 Tax Foundation, "The High Burden of State and Federal Capital Gains Tax Rates," accessed September 29, 2015 Cite error: Invalid <ref> tag; name "TFcapital" defined multiple times with different content
  3. 3.0 3.1 Tax Policy Center, "Capital Gains and Dividends: How are capital gains taxed?" June 22, 2011
  4. Washington State Budget and Policy Center, "A Capital Reform: Using Capital Gains to Fuel Job Creation and Economic Prosperity in Washington state," November 3, 2011
  5. Tax Foundation, "Capital Gains and Dividends Taxes," accessed October 22, 2014
  6. Charles Schwab, "Taxes: What's New for 2017?" January 4, 2017
  7. Urban Institute, "Capital Gains Taxation," October 1, 1999
  8. Tax Policy Center, "Historical Capital Gains and Taxes," November 2, 2017

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Capital gains tax (2024)

FAQs

Are there any loopholes for capital gains tax? ›

Use a 1031 exchange for real estate

Internal Revenue Code section 1031 provides a way to defer the capital gains tax on the profit you make on the sale of a rental property by rolling the proceeds of the sale into a new property.

What is a simple trick for avoiding capital gains tax? ›

Avoiding Capital Gains Tax: Strategies to avoid or reduce capital gains tax on real estate include waiting at least a year before selling a property (qualifying for long-term capital gains), taking advantage of primary residence exclusions, rolling profits into a new investment via a 1031 exchange, itemizing expenses, ...

How does IRS check capital gains? ›

Capital gains and deductible capital losses are reported on Form 1040, Schedule D, Capital Gains and Losses, and then transferred to line 13 of Form 1040, U.S. Individual Income Tax Return. Capital gains and losses are classified as long-term or short term.

How to figure out 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 do I fight capital gains tax? ›

How to Minimize or Avoid Capital Gains Tax
  1. Invest for the Long Term.
  2. Take Advantage of Tax-Deferred Retirement Plans.
  3. Use Capital Losses to Offset Gains.
  4. Watch Your Holding Periods.
  5. Pick Your Cost Basis.

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

The capital gains tax property six-year rule allows you to treat your investment property as your main residence for tax purposes for up to six years while you are renting it out. This means you can rent it out for six years and still qualify for the main residence capital gains tax exemption when you sell it.

How do I get zero capital gains tax? ›

A capital gains rate of 0% applies if your taxable income is less than or equal to: $44,625 for single and married filing separately; $89,250 for married filing jointly and qualifying surviving spouse; and.

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.

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

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 expenses can I offset against capital gains tax? ›

Allowable deductions for capital gains
  • The acquisition and creation of the asset concerned.
  • Where incurred as incidental costs of acquiring an asset.
  • For enhancement of the asset.
  • To establish, preserve or defend title to or rights over the asset.
  • They are incurred as the incidental costs of disposal of the asset.

Do I have to pay capital gains tax immediately? ›

It is generally paid when your taxes are filed for the given tax year, not immediately upon selling an asset. Working with a financial advisor can help optimize your investment portfolio to minimize capital gains tax.

How does the IRS know the cost basis of property? ›

The IRS expects taxpayers to keep the original documentation for capital assets, such as real estate and investments. It uses these documents, along with third-party records, bank statements and published market data, to verify the cost basis of assets.

What is the formula for capital gains? ›

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.

How to offset capital gains tax? ›

Essentially tax loss harvesting is when you purposefully sell assets at a loss. In turn, the losses from those investments' gains let you offset your gains elsewhere in your investment portfolio and if you have enough losses, reduce your ordinary income, and in turn, potentially your tax bill.

Is there a way to avoid capital gains tax on the selling of a house? ›

Is there a way to avoid capital gains tax on the selling of a house? You will avoid capital gains tax if your profit on the sale is less than $250,000 (for single filers) or $500,000 (if you're married and filing jointly), provided it has been your primary residence for at least two of the past five years.

What can you offset against capital gains tax? ›

You can deduct costs of buying, selling or improving your property from your gain. These include: estate agents' and solicitors' fees. costs of improvement works, for example for an extension - normal maintenance costs like decorating do not count.

What excludes you from paying capital gains tax? ›

This means that if you sell your home for a gain of less than $250,000 (or $500,000 if married, filing jointly), you will not be obligated to pay capital gains tax on that amount. However, there are certain criteria you must meet to qualify for the home sale exclusion.

Can I reinvest my capital gains to avoid taxes? ›

Reinvest in new property

The like-kind (aka "1031") exchange is a popular way to bypass capital gains taxes on investment property sales. With this transaction, you sell an investment property and buy another one of similar value. By doing so, you can defer owing capital gains taxes on the first property.

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