capital gains tax

capital gains tax, in the United States, a tax levied on gains, or profits, realized from the sale or exchange of capital assets. Whereas capital gains are realized when a capital asset is sold or exchanged for more than its original price or value, capital losses are incurred when the asset is sold or exchanged for less than that amount. For purposes of the capital gains tax, capital assets include most forms of investment property—such as securities (e.g., stocks and bonds) and real estate—and some forms of personal property, such as jewelry, artworks, antiques, and other movable and collectible items. The tax does not apply to small or moderate capital gains realized from the sale of a taxpayer’s primary residence. Capital gains have been taxed in the United States since the advent of the federal income tax.

Capital gains are taxed at different rates depending upon how long the taxpayer held the capital asset before selling or exchanging it. Short-term capital gains, defined as those realized within one year of the taxpayer’s acquisition of the asset, are taxed as ordinary income, while long-term capital gains, defined as those realized at least one year after acquisition of the asset, are taxed at rates that are generally lower than those for ordinary income and that vary depending upon the size of the gains and the taxpayer’s filing status (e.g., single, married filing jointly, etc.). However, long-term capital gains on movable and collectible personal property (as mentioned above) are taxed at a fixed maximum rate, which may be higher or lower than rates for ordinary income depending upon the taxpayer’s tax bracket. A taxpayer’s long-term capital gains for a given year are determined by subtracting his or her long-term capital losses from his or her long-term capital gains, assuming the former amount is less than the latter. Likewise for a taxpayer’s short-term capital gains.

Several arguments have been used to support the preferential tax treatment of capital gains. One is that encouraging the investment of risk capital stimulates economic growth. A second is that to tax in a single year the full value of several years’ appreciation is unfair. A third is that taxing capital gains at the regular rates would tend to lock investors into their current patterns of investment. On the other hand, it is argued that preferential treatment results in distorted patterns of investment because regular income is converted into capital gains in order to avoid paying tax.

From an economic point of view, the crux of the issue of capital gains taxation is whether or not capital gains are part of ordinary income. If one defines income as the sum of the change in a taxpayer’s consumption and the change in his or her net worth, then capital gains should logically be taxed as ordinary income. If the definition of income operative in the British tax system is accepted, capital gains will not be taxed because they do not represent a continuing source of income.