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New Capital Gains Breaks

The Taxpayer Relief Act of 1997 provides several tax breaks for individuals who sell property at a gain. After May 6, 1997, The new law cuts the top tax rate on long-term capital gains of individuals, estates and trust to 20% (down from 28%). To the extent that the gains do not put you into a bracket over 15%, your gains will be taxed at a rate of only 10%. The tax rate cut to 20% (or 10%), however, does not apply to capital gains on the sale of real property (to the extent the gain is due to depreciation deductions taken on the property), collectibles, or to include gain on the sale of qualified small business stock.

The holding period for long-term capital gain treatment increased during 1997. To be eligible for the new tax rate, you must own the eligible property for more than 18 months before selling it. However, for sales after May 6, 1997 and before July 29, 1997, the new rate also applies to sales of property you owned more than one year even though not owned for more than 18 months. Beginning January 1, 1998, the holding period for long term capital gains was reduced from 18 months back to one year (12 months).

The new law does not change the following rules: short -term capital gains loss excess will be used to reduce your long-term capital gains; long-term capital loss excess will be used to reduce your short-term capital gains; and you can still use up to $3,000.00 of your capital losses to reduce your ordinary income, and any excess can be carried over to your next tax year.

If you owned mutual funds, a partnership interest, an S corporation, or an estate or trust, these entities were required to inform you of the type of capital gains taxable during the three different periods for 1997 by the key dates.

If you have considerable gains in a year and have some investment stock that you are holding in a loss position, you might want to consider selling the stock to get the capital loss deduction during this tax year to off set your gain. If you wish to continue holding the loss stock, wait 30 days and buy it back. You now will have a lower cost basis in this stock when you get ready to sale it later.

Be sure to consult with a tax advisor for proper planning and implementation of tax savings ideas to be sure they are right for you.

 

C. David Pitzer, CPA, PC
118 Two Mile Pike
Goodlettsville, TN 37072
(615) 851-2727
Fax: (615) 851-8711

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