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The future of capital gains taxes

November 4, 2010

Investors looking to make some portfolio moves are anxiously awaiting the lame-duck session of Congress. What lawmakers decide regarding the capital gains tax rates will determine how many of us sell some of our assets now or wait a bit longer.

Right now, the long-term capital gains tax rate is 15 percent for folks in the 25 percent and higher tax brackets. Note "long-term." This means you've owned the asset for more than a year before you sell it.

And investors with income in the 10 percent and 15 percent brackets don't owe Uncle Sam anything on profits from assets they sell after holding them for 366+ days.

On Jan. 1, 2011, however, investment tax bills could be bigger.

UPDATE Nov. 1, 2012: The capital gains tax rates and other Bush-era tax cuts were continued through 2012. What is recounted in this post is scheduled to occur on Jan. 1, 2013, if Congress and the president can't reach an agreement regarding the tax laws' expiration.

The top tax rate on long-term capital gains goes back to 20 percent for most taxpayers and 10 percent for those in the 15 percent tax bracket.

Although the greatest tax benefit goes to those in the lower income brackets, most investors are in the upper income tiers. And even with the lower 15 percent rate, the volume of their transactions still provide a nice chunk of tax revenue to the Treasury.

Will investors be as eager to make portfolio moves in a couple of months if they then face higher tax rates?

Or will they make the bulk of their taxable transactions before Dec. 31 to lock in the 15 percent rate? This will give the Treasury a short-term, year-end boost that could be larger than normal. But will it also mean that Uncle Sam will lose out on some taxes in at least the near future?

How will the stock market react to those mass tax-law-inspired moves? And what will that mean to the economy?

Congress must weight those factors, among others, in determining whether to keep these historically low capital gains tax rates.

What is a capital gain? The future of the gains tax law is not a new concern. It's been on investors' minds ever since the Bush tax cuts, with their sunset dates, were enacted.

But I got to thinking about this tax again today after I ran across a nifty graphic from Mint.com.

Capital-Gains-infographic-excerpt2_Mint

That's an excerpt of it above. You can check out the full What Are Capital Gains? visual decription for a walk-through of the process.

As the Mint feature and my Bankrate.com capital gains tax rates story explain, there's a lot more to this investment tax than just zero and 15 percent rates.

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The More Tax Posts tab at the top of this page will take you to, well, more tax posts. You also can search below for a tax topic. 

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TAX-SAVVY WAYS 
TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

Comments
  • Kay,
    Great post. Definitely looking like tax rates will increase and it’s important to start preparing for it now. You have some great tips and Stone Carlie (www.stonecarlie.com) will keep checking back for updates. We’re excited to kick off our blog, as well. Thanks!
    SC

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