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Glossary · wealth

Long-term capital gain

Gains on assets held more than 12 months are taxed at preferential rates (0%, 15%, or 20%) — plus a 3.8% NIIT surcharge above income thresholds.

Long-term capital gain (LTCG) treatment applies to capital assets held more than 12 months before sale. LTCG is taxed at preferential federal rates compared to ordinary income.

2026 LTCG rates

  • 0% for taxable income up to ~$48,350 single / ~$96,700 MFJ
  • 15% for taxable income between those and ~$533,400 single / ~$600,050 MFJ
  • 20% above those thresholds

Add the 3.8% Net Investment Income Tax (NIIT) for MAGI above $200K single / $250K MFJ. So the top federal effective rate on LTCG is 23.8% vs 40.8% for ordinary income (37% + 3.8% NIIT) — a 17 percentage point spread.

State treatment

Most states tax LTCG at the same rate as ordinary income. California in particular treats all capital gains as ordinary income, taxed up to 13.3%. So the combined federal+state top rate on LTCG can exceed 37% in California.

Planning levers

  • Hold to long-term: simple but often forgotten. Selling at 11.5 months can cost 17 percentage points.
  • Loss harvesting: realized losses offset gains dollar-for-dollar
  • Charitable giving with appreciated securities: avoids the gain entirely + deduction at FMV
  • QSBS Section 1202: may eliminate up to $10M of gain entirely
  • Step-up at death: heirs receive basis equal to FMV at death; lifetime appreciation escapes income tax

Section 1250 + collectibles

Some assets have special LTCG treatment:

  • Real estate gain attributable to depreciation recapture (Section 1250) is taxed at 25%
  • Collectibles + qualified small business stock retained beyond Section 1202 caps: 28%

Sources

  • IRC Section 1(h)
  • IRC Section 1411

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