11.1 Capital Gains & Investment Taxes
Understanding tax implications is essential for making suitable investment recommendations. Tax efficiency can significantly impact after-tax returns and should be integrated into portfolio management strategies.
Capital Gains Basics
A capital gain occurs when you sell an asset for more than your cost basis (generally, purchase price plus improvements or adjustments).
Short-Term Capital Gains
- Holding Period: 1 year or less
- Tax Treatment: Taxed as ordinary income
- Tax Rates: 10%, 12%, 22%, 24%, 32%, 35%, or 37%
- Planning Note: No preferential treatment
Long-Term Capital Gains
- Holding Period: More than 1 year (at least 1 year + 1 day)
- Tax Treatment: Preferential rates
- Tax Rates: 0%, 15%, or 20%
- Planning Note: Hold investments over 1 year when possible
2026 Long-Term Capital Gains Brackets
- Single: 0% Rate Up to $49,450; 15% Rate $49,451 - $545,500; 20% Rate Over $545,500
- Married Filing Jointly: 0% Rate Up to $98,900; 15% Rate $98,901 - $613,700; 20% Rate Over $613,700
- Head of Household: 0% Rate Up to $66,200; 15% Rate $66,201 - $579,600; 20% Rate Over $579,600
Special Capital Gains Rates
- Collectibles (art, coins, antiques): Maximum Rate 28%
- Section 1202 QSBS (qualified small business stock): Maximum Rate 28%
- Unrecaptured Section 1250 (depreciation on real estate): Maximum Rate 25%
Net Investment Income Tax (NIIT)
An additional 3.8% tax applies to the lesser of:
- Net investment income, OR
- MAGI above threshold
- Single: MAGI Threshold $200,000
- Married Filing Jointly: MAGI Threshold $250,000
- Married Filing Separately: MAGI Threshold $125,000
Maximum Effective Rate:
Maximum Rate = 20% + 3.8% = 23.8%
This applies to the highest earners.
Dividend Taxation
Qualified Dividends
Taxed at long-term capital gains rates (0%, 15%, or 20%)
Requirements:
- Holding period: More than 60 days during 121-day period around ex-dividend date
- Paid by U.S. corporation or qualified foreign corporation
Most common stock dividends qualify.
Non-Qualified (Ordinary) Dividends
Taxed as ordinary income (up to 37%)
Examples:
- REIT dividends (generally)
- Money market dividends
- Dividends from stocks held short-term
- Short sales dividends
Tax Loss Harvesting
Strategy
Sell investments at a loss to offset capital gains or ordinary income.
Rules:
- Capital losses first offset capital gains
- Excess losses offset up to $3,000 of ordinary income ($1,500 if married filing separately)
- Unused losses carry forward indefinitely
Order of Netting
1. Short-term gains vs. short-term losses
2. Long-term gains vs. long-term losses
3. Net short-term vs. net long-term
4. Excess losses lead to $3,000 ordinary income offset
Example:
- $10,000 long-term gain
- $15,000 long-term loss
- Net = $5,000 loss
- $3,000 offsets ordinary income
- $2,000 carries forward
Wash Sale Rule
Definition
Cannot claim a loss if you purchase substantially identical securities:
- 30 days before the sale, OR
- 30 days after the sale
Total window: 61 days (30 + sale day + 30)
What Triggers a Wash Sale / Does NOT Trigger
- Triggers: Buying same stock; Does NOT Trigger: Buying different stock in same industry
- Triggers: Spouse buys same stock; Does NOT Trigger: Buying different company's stock
- Triggers: Your IRA buys same stock; Does NOT Trigger: Buying bond of same company
- Triggers: Substantially identical ETF; Does NOT Trigger: Buying ETF tracking different index
Consequence
Disallowed loss is added to cost basis of new shares.
This defers (but does not eliminate) the tax benefit.
Tax-Advantaged Investments
Tax-Exempt Income
- Municipal bonds (general): Federal Tax Exempt; State Tax Varies (often exempt in issuing state)
- Treasury securities: Federal Tax Taxable; State Tax Exempt
- Series EE/I bonds (for education): Federal Tax May be exempt; State Tax Varies
Tax-Deferred Growth
- Traditional IRAs and 401(k)s
- Annuities
- Whole life insurance cash value
Tax-Favored Treatment
- Long-term capital gains (preferential rates)
- Qualified dividends (preferential rates)
- Tax-loss harvesting opportunities
In Practice
Tax-efficient strategies include:
- Holding assets more than 1 year when possible
- Placing tax-inefficient assets (bonds, REITs) in tax-advantaged accounts
- Harvesting losses strategically (watch wash sale rule)
- Using municipal bonds for high-bracket taxpayers
- Timing capital gains with low-income years
On the Exam
Series 65 frequently tests:
- Distinguishing short-term (ordinary income) from long-term (preferential) treatment
- The 30-day wash sale window (61 days total)
- $3,000 limit on ordinary income offset from capital losses
- Understanding NIIT applies above $200K/$250K thresholds
Key Takeaways
1. Long-term gains require holding MORE than 1 year (at least 1 year + 1 day)
2. Long-term rates: 0%, 15%, or 20% depending on income
3. NIIT adds 3.8% for high earners (max effective rate 23.8%)
4. Wash sale rule: 30 days before or after = 61-day window
5. Capital losses offset gains first, then up to $3,000 of ordinary income
6. Unused capital losses carry forward indefinitely