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Capital Gains Tax Explained: What You Need to Know
Definition & Meaning
A capital gain is the profit made from selling an investment, calculated as the difference between the purchase price (cost basis) and the selling price of the asset. A capital gains tax is imposed on these profits when the investment is sold. For instance, if you buy stocks for $1,000 and sell them for $1,500, your capital gain is $500, which may be subject to tax.
Table of content
Legal Use & context
Capital gains tax is relevant in various legal contexts, particularly in tax law. Individuals and corporations must report capital gains on their income tax returns. Understanding capital gains is essential for anyone involved in investments, real estate transactions, or business sales. Users can manage their capital gains tax obligations using legal templates available through US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: If a person buys a piece of real estate for $200,000 and later sells it for $300,000, they have a capital gain of $100,000. Depending on how long they held the property, this gain may be taxed at different rates.
Example 2: An investor purchases shares of a company for $50 each and sells them for $80 after two years. The capital gain per share is $30, which could be taxed at a lower long-term capital gains rate.
State-by-state differences
Examples of state differences (not exhaustive):
State
Capital Gains Tax Rate
California
Taxed as ordinary income
Florida
No state income tax
New York
Taxed as ordinary income
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Common misunderstandings
What to do if this term applies to you
If you have realized capital gains, it is important to accurately report them on your tax return. Consider using US Legal Forms' templates to help you prepare the necessary documentation. If your situation is complex, such as involving significant investments or multiple assets, seeking professional legal or tax advice may be beneficial.
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Short-term capital gains apply to assets held for one year or less and are taxed at ordinary income rates. Long-term capital gains apply to assets held for more than one year and are taxed at reduced rates.
Yes, capital gains must be reported for tax purposes, even if you reinvest the profits.
Some exemptions may apply, such as the primary residence exclusion, which allows homeowners to exclude a portion of gains from the sale of their primary home under certain conditions.