When you sell a ’capital asset,’ the sale usually results in a capital gain
or loss. A ‘capital asset’ includes most property you own and use for personal
or investment purposes.
Capital assets include property such as your home or car. They also
include investment property such as stocks and bonds.
A capital gain or loss is the difference between your basis and the amount
you get when you sell an asset. Your basis is usually what you paid for the
asset.
You must include all capital gains in your income. Beginning in
2013, you may be subject to the Net Investment Income Tax. The NIIT applies at
a rate of 3.8% to certain net investment income of individuals, estates, and
trusts that have income above statutory threshold amounts. For details see
IRS.gov/aca.
You can deduct capital losses on the sale of investment property.
You
can’t
deduct losses on the sale of personal-use property.
Capital gains and losses are either long-term or short-term,
depending on how long you held the property. If you held the property for more
than one year, your gain or loss is long-term. If you held it one year or less,
the gain or loss is short-term.
If your long-term gains are more than your long-term losses, the
difference between the two is a net long-term capital gain. If your net
long-term capital gain is more than your net short-term capital loss, you have
a 'net capital gain.’
The tax rates that apply to net capital gains will usually depend on
your income. For lower-income individuals, the rate may be zero percent on some
or all of their net capital gains. In 2013, the maximum net capital gain tax
rate increased from 15 to 20 percent. A 25 or 28 percent tax rate can also
apply to special types of net capital gains.
If your capital losses are more than your capital gains, you can
deduct the difference as a loss on your tax return. This loss is limited to
$3,000 per year, or $1,500 if you are married and file a separate return.
If your total net capital loss is more than the limit you can
deduct, you can carry over the losses you are not able to deduct to next year’s
tax return. You will treat those losses as if they happened that year.
You must file Form 8949, Sales and Other Dispositions of Capital
Assets, with your federal tax return to report your gains and losses. You also
need to file
Schedule
D, Capital Gains and Losses with your return.