New Capital Gains Rules

By Fiore, Nicholas J. | Journal of Accountancy, March 2001 | Go to article overview

New Capital Gains Rules


Fiore, Nicholas J., Journal of Accountancy


A possible tax-saving opportunity in 2001.

For as long as the income tax has been around, capital gains and losses have been subject to special rules and taxed differently than other income from capital. But the rules governing the rate of taxation and the time the assets need to be held to qualify for long-term treatment often change.

New lower rates. Effective for tax years beginning in 2001, certain assets held for at least five years, which would have been taxed at a 10% rate, will be taxed at 8%. For assets held more than five years and whose holding period begins after December 31, 2000, the maximum rate will be lowered from 20% to 18%.

Basically, this means taxpayers who purchase an asset in 2001 or later automatically are eligible for the 18% maximum capital gains rate, as long as they hold the asset more than five years.

New election available. Individual taxpayers who already hold eligible assets may qualify for the 18% maximum rate by making a "deemed sale and repurchase" election. (No election is needed to qualify for the 8% rate as the holding period for assets qualifying for that rate began prior to January 1, 2001.)

To be eligible for this election, the asset must be either "readily tradable stock" (as of January 1, 2001) or a capital asset or property used in a trade or business.

The taxpayer elects to treat the asset as having been sold and then immediately repurchased for its fair market value or closing market price (for securities) on January 2 (the next business day). Provided the five-year requirement is met, the taxpayer recognizes the gain from the election and pays tax on it at the 18% rate. (Although a taxpayer cannot deduct losses or add disallowed losses to its basis, an asset that results in a loss will still be eligible for the 18% rate after 2005--the five-year holding period.)

A taxpayer may pick and choose those assets for which he or she will make an election; it is not an "all or nothing" election. …

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