Planning for Capital Gains and Losses - the new rates
The maximum tax rate on net capital gains (i.e., the excess of net long-term
capital gains over net short-term capital losses) is reduced from 28 percent to
20 percent. This applies to gains after July 28, 1997, on property held more
than 18 months, and on gains between May 7, 1997, and July 28, 1997, on
property held more than one year. In addition, any portion of net capital gain
that would otherwise be taxed at a 15 percent tax rate is taxed at 10 percent.
The maximum tax rate is further reduced to 18 percent for net capital gains on
property held more than five years. This applies only for assets whose holding
period begins (e.g., purchased) after December 31, 2000. In addition, the 10
percent rate otherwise applicable is reduced to 8 percent after December 31,
2000, for net capital gains on property held more than five years.
To obtain the benefits of the second reduction to 18 and 8 percent rates on net
capital gains on property held for more than five years, individuals can elect
to treat certain assets held on January 1, 2001, as having been sold and
reacquired. Taxpayers making this election must recognize any gain (but not
loss) associated with the asset.
The new rules change the taxation regarding depreciation recapture in the case
of real property to which the maximum tax rate on capital gains is reduced to
20 and 10 percent (and 18 and 8 percent). Any part of a gain on the sale or
exchange of such depreciable real property that represents prior depreciation
is "recaptured" and taxed at a maximum tax rate of 25 percent.
The reduction in the maximum tax rate on capital gains does not apply to net
capital gains on property sold after July 28, 1997, which is held more than one
year but not more than 18 months, and to the sale of collectibles. The maximum
tax rate on such gains remains at 28 percent.
Capital gains recognized under the installment method on payments received
after May 6, 1997, also are eligible for the new 20 percent (and 10 percent)
capital gains rates. Whether the installment gain qualifies for the 20 percent
(and 10 percent) rates, or the 28 percent rate, will depend on the holding
period of the asset that was sold, regardless of when the sale occurred.
The reduction in the maximum tax rate on net capital gains to 20 and 10 percent
(as well as to 18 and 8 percent) that applies for regular tax purposes also
applies to the same extent for alternative minimum tax purposes. In addition,
the rules for recapture of depreciation with respect to certain real property
that apply for regular tax purposes also apply for alternative minimum tax
purposes, including the maximum tax rate of 25 percent on such depreciation
recapture.
Here is an example of how the capital gains tax works:
Assume that Jane is in a 36% federal tax bracket and she holds a security on
which she has an unrealized gain of $25K.. Depending on her holding period,
the amount of tax she will pay can vary significantly.