How US Capital Gains Tax Works (2025/2026 Rules)
Whenever you sell a capital asset—such as shares of stock, cryptocurrency, mutual funds, or real estate—for more than you paid for it, the profit is classified as a capital gain. In the United States, how that profit is taxed depends strictly on **how long you held the asset** and your total taxable income.
1. Short-Term vs. Long-Term Capital Gains
The most fundamental distinction in the IRS tax code is the one-year holding period:
- Short-Term (≤ 365 Days): Taxed as ordinary income at your top federal bracket (10%, 12%, 22%, 24%, 32%, 35%, or 37%). Active day trading and short-term flipping carry severe tax drag.
- Long-Term (> 365 Days): Qualifies for preferential rates: 0% (up to \$47,025 Single / \$94,050 Married Joint), 15% (up to \$518,900 Single / \$583,750 Joint), and 20% on gains above that threshold.
2. The 3.8% Net Investment Income Tax (NIIT)
High earners are subject to an additional 3.8% Net Investment Income Tax enacted under the Affordable Care Act. This surtax applies to the lesser of your net investment gains or the amount by which your Modified Adjusted Gross Income (MAGI) exceeds **\$200,000 for single filers** or **\$250,000 for married couples filing jointly**. When combined with the 20% top long-term rate, the top effective federal capital gains rate is 23.8%.