What is considered taxable income for capital gains tax

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.

What is considered taxable income for capital gains tax

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.

What is considered taxable income for capital gains tax

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.

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  5. A Guide to the Capital Gains Tax Rate: Short-term vs. Long-term Capital Gains Taxes

Updated for Tax Year 2022 • October 18, 2022 11:30 AM


OVERVIEW

This guide can help you better understand the different rules that apply to various types of capital gains, which are typically profits made from taxpayers’ sale of assets and investments.


What is considered taxable income for capital gains tax

Key Takeaways

• Profits you make from selling most assets are known as capital gains, and they are generally taxed at different rates depending on how long you have held the asset.

• Gains you make from selling assets you’ve held for a year or less are called short-term capital gains, and they generally are taxed at the same rate as your ordinary income, anywhere from 10% to 37%.

• Gains from the sale of assets you’ve held for longer than a year are known as long-term capital gains, and they are typically taxed at lower rates than short-term gains and ordinary income, from 0% to 20%, depending on your taxable income.

• If your investments end up losing money rather than generating gains, you can typically use those losses to reduce your taxes.

Capital gain taxes

The U.S. Government taxes different kinds of income at different rates. Some types of capital gains, such as profits from the sale of a stock that you have held for a long time, are generally taxed at a more favorable rate than your salary or interest income. However, not all capital gains are treated equally. The tax rate can vary dramatically between short-term and long-term gains. Understanding the capital gains tax rate is an important step for most investors.

What is a capital gain?

Capital gains are profits you make from selling an asset. Typical assets include businesses, land, cars, boats, and investment securities such as stocks and bonds. Selling one of these assets can trigger a taxable event. This often requires that the capital gain or loss on that asset be reported to the IRS on your income taxes.

What's the difference between a short-term and long-term capital gain or loss?

Generally, capital gains and losses are handled according to how long you've held a particular asset – known as the holding period. Profits you make from selling assets you’ve held for a year or less are called short-term capital gains. Alternatively, gains from assets you’ve held for longer than a year are known as long-term capital gains. Typically, there are specific rules and different tax rates applied to short-term and long-term capital gains. In general, you will pay less in taxes on long-term capital gains than you will on short-term capital gains. Likewise, capital losses are also typically categorized as short term or long term using the same criteria.

What is the 2022 short-term capital gains tax rate?

You typically do not benefit from any special tax rate on short-term capital gains. Instead, these profits are usually taxed at the same rate as your ordinary income. This tax rate is based on your income and filing status. Other items to note about short-term capital gains:

  • The holding period begins ticking from the day after you acquire the asset, up to and including the day you sell it.
  • For 2022, ordinary tax rates range from 10% to 37%, depending on your income and filing status.

2022 Short-Term Capital Gains Tax Rates

Tax Rate 10% 12% 22% 24% 32% 35% 37%
 Filing Status

Taxable Income

Single Up to $10,275 $10,276 to $41,775 $41,776 to $89,075 $89,076 to $170,050 $170,051 to $215,950 $215,951 to $539,900 Over $539,900
Head of household Up to $14,650 $14,651 to $55,900 $55,901 to $89,050 $89,051 to $170,050 $170,051 to $215,950 $215,951 to $539,900 Over $539,900
Married filing jointly Up to $20,550 $20,551 to $83,550 $83,551 to $178,150 $178,151 to $340,100 $340,101 to $431,900 $431,901 to $647,850 Over $647,850
Married filing separately Up to $10,275 $10,276 to $41,775 $41,776 to $89,075 $89,076 to $170,050 $170,051 to $215,950 $215,951 to $323,925 Over $323,925

TurboTax Tip: One major exception to the capital gains tax rate on real estate profits is from the sale of your principal residence. If you have owned your home and used it as your main residence for at least two of the last five years prior to selling it, then you can usually exclude up to $250,000 of capital gains on this type of real estate sale if you're single, and up to $500,000 if you're married and filing jointly.


What is the 2022 long-term capital gains tax rate?

If you hold your assets for longer than a year, you can often benefit from a reduced tax rate on your profits. Those in the lower tax bracket could pay nothing for their capital gains rate, while high-income taxpayers could save as much as 17% off the ordinary income rate, according to the IRS.

2022 Long-Term Capital Gains Tax Rates

Tax Rate

0% 15% 20%
Filing Status Taxable Income
Single Up to $41,675 $41,676 to $459,750 Over $459,750
Head of household Up to $55,800 $55,801 to $488,500 Over $488,500
Married filing jointly Up to $83,350 $83,351 to $517,200 Over $517,200
Married filing separately Up to $41,675 $41,676 to $258,600 Over $258,600

What are the exceptions to the capital gains tax rate for long-term gains?

One major exception to a reduced long-term capital gains rate applies to collectible assets, such as antiques, fine art, coins, or even valuable vintages of wine. Typically, any profits from the sale of these collectibles will be taxed at 28% regardless of how long you have held the item.

Another major exception comes from the Net Investment Income Tax (NIIT), which adds a 3.8% surtax to certain investment sales by individuals, estates, and trusts above a set threshold. Typically, this surtax applies to those with high incomes who also have a significant amount of capital gains from investment, interest, and dividend income.

What is the capital gains rate for retirement accounts?

One of the many benefits of IRAs and other retirement accounts is that you can defer paying taxes on capital gains. Whether you generate a short-term or long-term gain in your IRA, you don’t have to pay any tax until you take money out of the account.

The negative side is that all contributions and earnings you withdraw from a taxable IRA or other taxable retirement accounts, even profits from long-term capital gains, are typically taxed as ordinary income. So, while retirement accounts offer tax deferral, they do not benefit from lower long-term capital gains rates.

How can capital losses affect your taxes?

As previously mentioned, different tax rates apply to short-term and long-term gains. However, if your investments end up losing money rather than generating gains, those losses can affect your taxes as well. However, in this case, you can use those losses to reduce your taxes. The IRS allows you to match up your gains and losses for any given year to determine your net capital gain or loss.

  • If after fully reducing your gains with your losses and you end up with a net loss, you can use up to $3,000 of it per year to reduce your other taxable income.
  • Any additional losses can be carried forward into future years to offset capital gains and up to $3,000 per year of ordinary income.
  • Since you don't generate capital gains or losses in a retirement account, you can't use losses in IRAs or 401(k) plans to offset gains or your other income.

How can you minimize capital gains taxes?

There are several ways you can minimize the taxes you pay on capital gains:

  1. Wait to sell assets. If you can keep an asset for more than a year before selling, this can usually result in paying a lower capital gains rate on that profit.
  2. Invest in tax-free or tax-deferred accounts. By investing money in 401(k) plans, Roth IRA accounts, and 529 college savings plans, you could save significantly in taxes. This is because these investments are able to grow tax-free or tax-deferred, meaning that you won't have to pay capital gains taxes on any earnings right away — and in certain circumstances, you won’t pay any tax even when you take the money out.
  3. Don't sell your home too quickly. One major exception to the capital gains tax rate on real estate profits is your principal residence. If you have owned your home and used it as your main residence for at least two of the five years prior to selling it, then you can usually exclude up to $250,000 of capital gains on this type of real estate if you're single, and up to $500,000 if you're married and filing jointly. It's also important to note that you typically can't take the full exclusion on multiple home sales from capital gains taxes within two years.

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The above article is intended to provide generalized financial information designed to educate a broad segment of the public; it does not give personalized tax, investment, legal, or other business and professional advice. Before taking any action, you should always seek the assistance of a professional who knows your particular situation for advice on taxes, your investments, the law, or any other business and professional matters that affect you and/or your business.

What counts as income for capital gains tax?

Capital gains are profits from the sale of a capital asset, such as shares of stock, a business, a parcel of land, or a work of art. Capital gains are generally included in taxable income, but in most cases, are taxed at a lower rate.

What is included in taxable income?

The term taxable income refers to any gross income earned that is used to calculate the amount of tax you owe. Put simply, it is your adjusted gross income less any deductions. This includes any wages, tips, salaries, and bonuses from employers. Investment and unearned income are also included.

Is capital gains added to your total income and puts you in 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.

Is capital gains tax based on gross income or taxable income?

You may qualify for the 0% long-term capital gains rate, depending on taxable income, according to financial experts. You calculate taxable income by subtracting the greater of the standard or itemized deductions from your adjusted gross income, which are your earnings minus so-called “above-the-line” deductions.