What You Need to Know About Capital Gains Taxes in California

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In California, capital gains taxes are a significant consideration for anyone selling assets that have increased in value over time. You can calculate your capital gains tax using the tax rate tables in the IRS Publication 17.

The good news is that California's capital gains tax rates are relatively low, especially for those in lower income brackets. For example, if you're single and have a taxable income of $20,000 or less, your capital gains tax rate is 0%.

As a California resident, you're required to report your capital gains on your state tax return, in addition to your federal tax return. This means you'll need to file Form 540, California Resident Income Tax Return, and attach a schedule of your capital gains and losses.

What Are Capital Gains Taxes?

Capital gain taxes are taxes imposed on the profit of the sale of an asset. This tax is triggered when you sell an asset that has increased in value, and you need to report the capital gain or loss on your income taxes.

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The capital gains tax rate varies by taxpayer, which means it's not the same for everyone. This is determined by the holding period of the asset, your income level, and the nature of the asset that was sold.

Typical assets that can trigger a taxable event include businesses, land, cars, boats, and investment securities like stocks and bonds. These assets can increase in value over time, resulting in a capital gain when sold.

The profit from selling an asset is considered a capital gain, which is a taxable event that requires reporting to the IRS on your income taxes.

How Capital Gains Taxes Work

Capital gains taxes can be a bit confusing, but let's break it down. There are two types of capital gains taxes: short-term and long-term.

Short-term capital gains are taxed as ordinary income, which means they're taxed at the same rate as your regular income. This tax rate ranges from 10% to 37%, depending on your income and filing status.

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The holding period for short-term capital gains starts the day after you acquire the asset and ends the day you sell it. For example, if you buy a stock on January 1st and sell it on January 15th, the holding period is 14 days, which means you'll be taxed on the profit as ordinary income.

Long-term capital gains, on the other hand, are taxed at a lower rate. The rates are 0%, 15%, or 20%, depending on your taxable income and filing status. Most people pay no more than 15% on long-term capital gains.

Some assets, like collectibles, are taxed at a higher rate of 28% for long-term capital gains. This includes items like coins, precious metals, antiques, and fine art.

Here's a quick summary of the tax rates for long-term capital gains:

Keep in mind that you may also need to account for the net investment income tax (NIIT), which is an additional 3.8% tax that can be triggered if your income exceeds a certain limit.

Types of Capital Gains Taxes

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Capital gains taxes are imposed on the profit of the sale of an asset, and the rate will vary based on the holding period and the taxpayer's income level.

There are two main types of capital gains taxes: short-term and long-term. Short-term gains are taxed at an individual's regular income tax rate, which can be as high as 37%. Long-term gains, on the other hand, are taxed at a lower rate, ranging from 0% to 20%, depending on the taxpayer's income level.

Here's a breakdown of the tax rates for short-term and long-term gains:

It's worth noting that if your investments lose money, you can use those losses to reduce your taxes.

Investment Real Estate

Investment real estate can be a complex beast, but let's break it down. You can take depreciation deductions against income to reflect the steady deterioration of the property as it ages.

Depreciation deductions essentially reduce the amount you're considered to have paid for the property in the first place. This can increase your taxable capital gain if you sell the property.

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For example, if you paid $100,000 for a building and you're allowed to claim $5,000 in depreciation, you'll be taxed as if you'd paid $95,000 for the building.

The tax rate that applies to the recaptured amount is 25%. So if you sell the property for $110,000, there would be total capital gains of $15,000.

Collectibles

Collectibles are taxed as ordinary income at graduated tax rates for short-term gains, which means you'll pay the same tax rate on your gains as you would on your regular income.

This includes art, antiques, jewelry, precious metals, and stamp collections. I've seen friends sell their vintage jewelry and pay a pretty penny in taxes on the gains.

Short-term gains on collectibles are taxed as ordinary income, with no special long-term capital gains rate. This is different from other types of investments, like stocks and real estate.

Long-term gains on collectibles, however, have a cap of 28% tax rate, which is lower than the ordinary income tax rates. This is a relief for those who hold onto their collectibles for a while.

Key Takeaways

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Capital gains taxes are due only after an investment is sold. This means you don't pay taxes on the gains until you actually sell the asset.

Capital gains taxes apply only to capital assets, which include stocks, bonds, digital assets like cryptocurrencies and NFTs, jewelry, coin collections, and real estate. These are the types of assets that can generate capital gains.

Long-term gains are levied on profits of investments held for more than a year. This is a key distinction from short-term gains.

Here's a breakdown of the tax rates for short-term and long-term gains:

If you've held an asset for a year or less, you'll be taxed at the same rate as your ordinary income. This means you'll be taxed at a higher rate than if you'd held the asset for longer.

Reducing Capital Gains Taxes

You can use capital losses to offset capital gains and lower your capital gains tax for the year. If your losses exceed gains by up to $3,000, you can claim that amount against your income.

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For example, if you have a capital loss of $15,000 and your annual income is $50,000, you can report $47,000 in taxable income and deduct the $3,000 maximum every year for the next four years.

You can also use tax-free or tax-deferred accounts to minimize capital gains taxes. By investing in 401(k) plans, Roth IRA accounts, and 529 college savings plans, you can save significantly in taxes.

Here are some ways to minimize capital gains taxes:

  • Wait to sell assets for more than a year to pay a lower capital gains rate.
  • Invest in tax-free or tax-deferred accounts, such as 401(k) plans and Roth IRA accounts.
  • Don't sell your home too quickly, as you may be able to exclude up to $250,000 of capital gains on your principal residence.

How to Reduce

Reducing Capital Gains Taxes can be a complex process, but there are several strategies you can use to minimize your tax liability. One way to do this is to use your capital losses to offset your capital gains.

You can use up to $3,000 of a net capital loss to reduce your taxable income each year. Any additional losses can be carried forward into future years to offset capital gains and up to $3,000 per year of ordinary income.

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If you have a home that you've owned and used as your main residence for at least two of the five years prior to selling it, you may be able to exclude up to $250,000 of capital gains on the sale of that home if you file as Single, or up to $500,000 if you file as Married Filing Jointly.

Consider waiting until you retire to sell profitable assets, as your retirement income may be lower and you may be able to avoid paying capital gains tax altogether. This can be especially beneficial if you've been working and earning a higher income, and you're now in a lower or no-pay bracket.

Here are some key points to keep in mind:

  • Use up to $3,000 of a net capital loss to reduce taxable income each year.
  • Carry forward additional losses to offset capital gains and up to $3,000 of ordinary income each year.
  • Exclude up to $250,000 of capital gains on the sale of your primary residence if you file as Single, or up to $500,000 if you file as Married Filing Jointly.
  • Consider waiting until retirement to sell profitable assets to minimize capital gains tax.

Wash-Sale Rule Compliance

The wash-sale rule can be a major tax headache if you're not aware of it. Don't break the wash-sale rule by selling stock shares at a loss to get a tax advantage and then buying the same investment again within 30 days.

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Material capital gains of any kind are reported on a Schedule D form. This is where the IRS tracks your capital gains and losses.

You can roll forward capital losses to subsequent years to reduce any income in the future and lower your tax burden. This can be a huge advantage in managing your tax liability.

Special Cases and Exceptions

Some assets get a different capital-gains tax treatment than the norm.

Collectible assets, such as antiques, fine art, coins, or valuable vintages of wine, are taxed at 28% regardless of how long you've held the item.

The Net Investment Income Tax (NIIT) adds a 3.8% surtax to certain investment sales by individuals, estates, and trusts above a set threshold.

Immediate Payment Required

In some cases, the IRS may require quarterly estimated tax payments for capital gains taxes.

You may incur penalties for having a large payment due without having made any installment payments towards it.

Aerial shot of the California State Capitol surrounded by colorful autumn foliage in downtown Sacramento.
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The actual tax may not be due for a while, but you still need to make timely payments to avoid penalties.

If you're selling an asset, you may need to pay the capital gains tax after the sale, even if it's not due for a while.

The IRS may require you to make estimated tax payments if you expect to owe $1,000 or more in taxes for the year.

Here are some scenarios where immediate payment may be required:

Exceptions to Long-Term Rate

Some categories of assets get different capital-gains tax treatment than the norm. Collectibles like antiques, fine art, coins, or valuable vintages of wine are taxed at 28% regardless of how long you've held the item.

The Net Investment Income Tax (NIIT) adds a 3.8% surtax to certain investment sales by individuals, estates, and trusts above a set threshold. This surtax typically applies to those with high incomes who also have a significant amount of capital gains from investment, interest, and dividend income.

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High-income individuals may be subject to another levy, the net investment income tax, which imposes an additional 3.8% of taxation on investment income, including capital gains, if their modified adjusted gross income (MAGI) exceeds certain maximums. Those threshold amounts are $250,000 if married and filing jointly or a surviving spouse, $200,000 if you're single or a head of household, and $125,000 if married, filing separately.

Profits from the sale of collectibles are taxed at 28%, while profits from other long-term investments are taxed at 0%, 15%, or 20%, depending on taxable income and filing status.

Frequently Asked Questions

How do I avoid capital gains tax in California?

To minimize capital gains tax in California, consider utilizing the Primary Residence Exclusion and maximizing your cost basis, and explore additional options such as a 1031 Exchange for investment properties. By taking these steps, you can potentially reduce or eliminate capital gains tax on the sale of your home or investment properties.

How do I calculate capital gains tax in California?

To calculate capital gains tax in California, you'll use the same state income tax rates and brackets as regular income, without distinguishing between short-term and long-term gains. Start by determining your capital gains and then apply the applicable state tax rate to calculate your tax liability.

What is the capital gains tax on a house sale in California?

In California, capital gains from a house sale are taxed by both state and federal governments, with state tax rates ranging from 1% to 13.3% and federal tax rates varying based on the type of gain. Learn more about how these taxes apply to your specific situation.

Teresa Halvorson

Senior Writer

Teresa Halvorson is a skilled writer with a passion for financial journalism. Her expertise lies in breaking down complex topics into engaging, easy-to-understand content. With a keen eye for detail, Teresa has successfully covered a range of article categories, including currency exchange rates and foreign exchange rates.

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