Also, the rate doesn't apply to short-term gains. Instead, your ordinary tax rate will apply. So, if your ordinary income tax rate is lower, you won't have to pay that much. Once again, the 25% rate is a maximum rate. For most people, this only comes up if you sell rental property. The rest of your long-term gain is taxed at either the 0%, 15% or 20% rate.
CAPITAL GAINS TAX BRACKETS FOR 2018 CODE
The taxable amount is known as "unrecaptured Section 1250 gain" (named after the tax code section covering gain from the sale or other disposition of certain depreciable real property). If you sell real estate for which you previously claimed a depreciation deduction, you may have to pay a capital gains tax of up to 25% on any unrecaptured depreciation. Capital Gains Tax Rate for Previously Deducted Depreciation The 28% rate doesn't apply to short-term capital gains from the sale of QSBS, either.
However, for any gain that is not exempt from tax, a maximum capital gains tax rate of 28% applies.Īs with the 28% rate for collectibles, if your ordinary tax rate is below 28%, then that rate will apply to taxable QSBS gain. If you sell " qualified small business stock" (QSBS) that you held for at least five years, some or all of your gain may be tax-free. Capital Gains Tax Rate for Qualified Small Business Stock
So, if you don't own a collectible for at least one year before selling it, you'll still be taxed on any gain at your ordinary tax rate (between 10% and 37%). The 28% limit doesn't apply to short-term capital gains. But if you're in a higher tax bracket (i.e., 32%, 35% or 37%), then the capital gains tax on your collectible gains is capped at 28%. If your ordinary tax rate is lower than 28%, then that rate will apply. Instead of a 20% maximum tax rate, long-term gains from the sale of collectibles can be hit with a capital gains tax as high as 28%.
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