Securities

Capital Gains Tax

Capital gains tax is a tax on the profit from selling investments or assets. Short-term gains (assets held less than 1 year) are taxed as ordinary income; long-term gains (held more than 1 year) receive preferential rates of 0%, 15%, or 20% based on income.

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Exam Tip

Short-term (<= 1 year) = ordinary income rates. Long-term (> 1 year) = 0%, 15%, or 20%. NIIT adds 3.8% for high earners. Wash sale = 30 days.

What is Capital Gains Tax?

Capital gains tax is levied on the profit realized when you sell an investment or asset for more than its purchase price. The tax rate depends primarily on how long you held the asset before selling (holding period).

Short-Term vs. Long-Term Capital Gains

TypeHolding PeriodTax Treatment
Short-Term1 year or lessTaxed as ordinary income (10%-37%)
Long-TermMore than 1 yearPreferential rates (0%, 15%, or 20%)

2025 Long-Term Capital Gains Tax Rates

Tax RateSingle FilersMarried Filing JointlyHead of Household
0%Up to $48,350Up to $96,700Up to $64,750
15%$48,351 - $533,400$96,701 - $600,050$64,751 - $566,700
20%Over $533,400Over $600,050Over $566,700

Short-Term Capital Gains Tax Rates (2025)

Short-term gains are added to ordinary income and taxed at your marginal rate:

Tax BracketSingleMarried Filing Jointly
10%Up to $11,925Up to $23,850
12%$11,926 - $48,475$23,851 - $96,950
22%$48,476 - $103,350$96,951 - $206,700
24%$103,351 - $197,300$206,701 - $394,600
32%$197,301 - $250,525$394,601 - $501,050
35%$250,526 - $626,350$501,051 - $751,600
37%Over $626,350Over $751,600

Net Investment Income Tax (NIIT)

High-income taxpayers may owe an additional 3.8% surtax on investment income:

  • Single: MAGI over $200,000
  • Married Filing Jointly: MAGI over $250,000
  • This can result in a maximum rate of 23.8% on long-term gains (20% + 3.8%)

Special Capital Gains Rates

Asset TypeMaximum Rate
Collectibles (art, coins, antiques)28%
Qualified Small Business Stock (Section 1202)Up to 100% exclusion
Real Estate (Section 1250)25% on depreciation recapture

Capital Loss Rules

  • Capital losses offset capital gains dollar-for-dollar
  • Excess losses can offset up to $3,000 of ordinary income per year
  • Remaining losses carry forward indefinitely

Wash Sale Rule

If you sell a security at a loss and buy a substantially identical security within 30 days before or after the sale, the loss is disallowed for tax purposes.

Exam Alert

  • Short-term gains (held 1 year or less) = taxed as ORDINARY INCOME
  • Long-term gains (held MORE than 1 year) = preferential rates of 0%, 15%, or 20%
  • The holding period starts the day AFTER purchase and includes the sale date
  • Net Investment Income Tax adds 3.8% for high earners (over $200K single/$250K married)
  • Capital losses offset gains first, then up to $3,000 of ordinary income
  • Wash sale rule: 30 days before OR after disallows loss deduction

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