How Are Capital Gains Taxed? (2024)

Delving into the labyrinth of capital gains taxation unveils a complex web of financial intricacies that every investor must navigate. When investments appreciate and are sold, they become subject to taxation, with the treatment of these gains varying based on factors like how long you owned the investment and how much taxable income you have that year. Understanding the intricacies of how capital gains are taxed is essential for anyone looking to minimize taxes, while staying compliant with the IRS rules.

Let’s look at a few key questions to about the taxation of capital gains.

Any time you sell an investment for more than you bought it, you potentially create a taxable capital gain. Capital gains can apply to almost any investment that is sold at a profit, such as stocks, bonds, real estate, precious metals, options contracts, or even cryptocurrency.

When you sell an investment at a profit, the difference between the selling price and the purchase price (a.k.a cost basis) is considered a capital gain. Fortunately, you can potentially reduce the gain you realize a bit by including certain expenses like the costs incurred to sell the asset.

Learn more about calculating your capital gains taxes: Save on Taxes: Know Your Cost Basis.

At the federal level, capital gains are taxed based on the several factors including the type of asset, how long you held the asset, and your overall income level.

If you only held the investment for a year or less, then the short-term capital gains tax rates will apply. These tax rates and brackets are the same as those applied to ordinary income, like your wages, and currently range from 10% to 37% depending on your income level.

There are many other asset classes out there with their own unique tax rules. For instance, futures contracts, options on futures, options on broad-based indexes, and collectables (which includes metals like gold) are subject to a special tax treatment.

Derivative contracts like futures contracts, options on futures, or options on broad-based indexes, are subject to Internal Revenue Code section 1256 (a.k.a 1256 contracts). These types of assets get special tax treatment called the 60/40 rule, where 60% of gains are taxed at the lower long-term capital gains rate and 40% at the ordinary income tax rate. In addition, if you hold section 1256 contracts, they're subject to the mark-to-market rule. If you hold these assets through the end of a calendar year, you'll have to recognize an unrealized gain or loss based on the fair market value on December 31.

Gains from the sale of collectibles, such as art, antiques, coins, and precious metals, are subject to a higher long-term capital gains tax rate of 28%. Whereas shorter-term gains on collectables are taxed at the ordinary income tax rates.

Cryptocurrencies are taxed a bit different than most people expect. While cryptocurrencies, like bitcoin, are often thought of as digital currencies, the IRS disagrees. The IRS does not consider them to be a currency; in the IRS’s eyes, they are "property," which means cryptocurrencies are subject to the same long- and short-term capital gains tax rates as other investments.

When you sell or trade cryptocurrencies for another asset (or even for a different cryptocurrency), you create a taxable event, and any gain realized needs to be reported on your tax return. Even if you don’t get a Form 1099 for a cryptocurrency transaction, it still needs to be reported on your tax return. Also be aware that using cryptocurrency to buy goods or services is also a taxable event because you exchanged the cryptocurrency for something.

No one likes losing money, but sometimes, losses are unavoidable. If you sell an investment for less than you paid for it, a capital loss has been realized. Fortunately, investment losses have a silver lining; you can use capital losses to offset other capital gains, reducing your overall tax bill. If total capital losses exceed your capital gains, you can deduct up to $3,000 of the excess losses against other types of income, such as wages. Any remaining losses beyond the $3,000 deduction can be carried forward to offset future income.

The tax benefits from capital losses are often good enough that many tax savvy investors regularly look for losses in their portfolios so they can use them to reduce their taxes in a process known as tax-loss harvesting. But you do have to be careful when strategically realizing losses to avoid the wash sale rule, which could reduce or remove the potential tax benefits of loss harvesting.