Ten More Facts about Capital Gains and Losses

For more information: IRS Publication 550 Investment Income & Expenses
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​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.  

1.  Capital Assets.  Capital assets include property such as your home or car.  They also include investment property such as stocks and bonds.

2.  Gains and Losses.  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.

3.  Net Investment Income Tax.  You must include all capital gains in your income.  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.  

4.  Deductible Losses.  You can deduct capital losses on the sale of business and investment property.  You can’t deduct losses on the sale of personal-use property.

5.  Long and Short Term.  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.

6.  Net Capital Gain.  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.’ 

7.  Tax Rate.  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. 

8.  Limit on Losses.  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.

9.  Carryover Losses.  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.

10.  Forms to File.  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.