In addition to Federal short-term and long-term capital gains taxes, investors with incomes above a threshold must also pay the Net Investment Income Tax, which went into effect on Jan. 1, 2013 as part of the Affordable Care Act. High-income taxpayers are subject to a 3.8% Medicare contribution tax on net investment income, which includes gains from the sale of stocks, bonds, and mutual funds. For example, married couples filing jointly with more than $250,000 of ordinary income, must pay this additional tax on realized capital gains. Suppose this couple also had $10,000 of realized long-term capital gains. Referencing the tables above, the couple would be in the 33% tax bracket for purposes of ordinary income and 18.8% for long-term capital gains (the 15% capital gains tax rate plus the 3.8% net investment income tax rate).
But the capital gains tax bill may not stop there, depending on where the investor lives. If a New York State resident, they could be liable for an additional 8.8 percent capital gains tax because capital gains are treated as ordinary income. It is also important to remember that unlike wages, federal and state taxes are not automatically withheld from capital gains proceeds. If an investor has significant realized gains, then they should consult with their financial and tax advisors to make estimated tax payments, so they do not incur IRS penalties.
What strategies can investors follow to minimize capital gains taxes? There are 5 strategies that investors should be aware of, from simple techniques to those that require more planning.
1. Wait at least a year and a day. For capital gains to qualify for long-term status and a lower tax rate, wait at least a year and a day before selling an investment. The tax rate the investor will pay on the gain will be between 10 and 20 percentage points lower than the short-term capital gains tax rate, depending on the amount of ordinary income they earn.
2. Time capital gains with capital losses. The IRS permits taxpayers to offset realized capital gains with realized capital losses. For example, if an investor realized $40,000 of long-term capital gains but also realized $25,000 capital losses, then for tax purposes, their net gain is only $15,000.
3. Sell when your income is low. Taxpayers in the 10% and 15% income tax brackets escape having to pay long-term capital gains taxes. If an investor’s income is particularly low one year, that may be a great time to realize some long-term gains. For example, based on the tables above, a married couple with ordinary income of $60,000 is in the 15% income tax bracket, but the 0% long-term capital gains tax bracket.
4. Consider gifting appreciated assets to children. The IRS permits taxpayers to gift up to $14,000 per year, without incurring any gift taxes. If the person receiving the gift is in a lower income tax bracket than the gifter and elects to sell the investment, then they will be able to pay lower capital gains taxes. For example, suppose a married couple each gift $12,000 of securities to their 10-year-old child, with each gift having $6,000 of embedded long-term capital gains. The total value of the gift is $24,000, with $12,000 of it characterized as long-term capital gains. Because the gift is below the threshold level, the parents do not have to pay any gift taxes. Moreover, because the child is likely in the 10% or 15% income tax bracket, they will likely incur no capital gains tax when the securities are sold. But if their parents had sold the securities rather than gifting them, they would have been liable for capital gains taxes.
5. Consider holding appreciated assets so an investor’s heirs benefit from a step-up in basis. Tax laws are notoriously complex. But there is an important wrinkle associated with estate taxes that creates an important tax planning tool to minimize capital gains taxes. When someone dies, the IRS permits assets owned by the deceased to pass to their heirs at the then current market value, without being liable for any capital gains taxes. The original cost basis gets wiped out entirely. For example, suppose many years ago, an investor purchased $100,000 of an S&P 500 index fund that is now worth $300,000. If she elected to sell the index fund during her lifetime, the $200,000 of gain would be subject to capital gains taxes. But if instead the investor held the index fund until she passed away, it would pass to her heirs at $300,000, with no capital gains being due on the transfer. This step-up in basis is a huge advantage that can dramatically influence decisions on when to sell appreciated securities.
NOTE: Nothing in this post should be considered as rendering legal or tax advice for specific cases. Readers should be sure to discuss their specific circumstances with their financial and tax advisors before taking any action.