TIMING
Capital Gain Harvesting
IRC §1(h)
Realize gains in low-income years to fill 0% LTCG bracket.
Eligibility
Low-income year to fill 0% LTCG bracket ($96,700 MFJ)
Frequently Asked Questions
Who is eligible for the Capital Gain Harvesting?
Low-income year to fill 0% LTCG bracket ($96,700 MFJ)
How does the Capital Gain Harvesting work?
Realize gains in low-income years to fill 0% LTCG bracket.
What law authorizes the Capital Gain Harvesting?
The Capital Gain Harvesting is authorized under IRC §1(h) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §1
Source: Internal Revenue Code, Title 26, United States Code
§ 1. Tax imposed(a) Married individuals filing joint returns and surviving spousesThere is hereby imposed on the taxable income of—(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and
(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
If taxable income is:The tax is:
Not over $36,90015% of taxable income.
Over $36,900 but not over $89,150$5,535, plus 28% of the excess over $36,900.
Over $89,150 but not over $140,000$20,165, plus 31% of the excess over $89,150.
Over $140,000 but not over $250,000$35,928.50, plus 36% of the excess over $140,000.
Over $250,000$75,528.50, plus 39.6% of the excess over $250,000.
(b) Heads of householdsThere is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table:
If taxable income is:The tax is:
Not over $29,60015% of taxable income.
Over $29,600 but not over $76,400$4,440, plus 28% of the excess over $29,600.
Over $76,400 but not over $127,500$17,544, plus 31% of the excess over $76,400.
Over $127,500 but not over $250,000$33,385, plus 36% of the excess over $127,500.
Over $250,000$77,485, plus 39.6% of the excess over $250,000.
(c) Unmarried individuals (other than surviving spouses and heads of households)There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table:
If taxable income is:The tax is:
Not over $22,10015% of taxable income.
Over $22,100 but not over $53,500$3,315, plus 28% of the excess over $22,100.
Over $53,500 but not over $115,000$12,107, plus 31% of the excess over $53,500.
Over $115,000 but not over $250,000$31,172, plus 36% of the excess over $115,000.
Over $250,000$79,772, plus 39.6% of the excess over $250,000.
(d) Married individuals filing separate returnsThere is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table:
If taxable income is:The tax is:
Not over $18,45015% of taxable income.
Over $18,450 but not over $44,575$2,767.50, plus 28% of the excess over $18,450.
Over $44,575 but not over $70,000$10,082.50, plus 31% of the excess over $44,575.
Over $70,000 but not over $125,000$17,964.25, plus 36% of the excess over $70,000.
Over $125,000$37,764.25, plus 39.6% of the excess over $125,000.
(e) Estates and trustsThere is hereby imposed on the taxable income of—(1) every estate, and
(2) every trust,
taxable under this subsection a tax determined in accordance with the following table:
Showing first 3,000 characters of full section text.