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Tax Relief Act of 1997
Capital Gains Tax Cuts
Rate Cuts
Maximum capital gains tax rate lowered to 20 percent from the current
28 percent. For individuals in the 15 percent bracket the capital gains
tax rate has been lowered to 10 percent.
Rate changes are retroactive to any sale made after May 6, 1997. Installment
payments made after the effective date are eligible for the new rates,
even though the sale took place earlier.
New rates also apply in computing the alternative minimum tax.
Holding Period
Capital gains tax rate applies only to assets held "long-term". For
assets sold after July 28, 1997, long-term means more than 18 months rather
than one year.
Assets sold after May 6, but before July 29 qualify for the new 20 percent
rate if they were held for more than one year.
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Assets sold after July 29 with a holding period of more than a year but
less than 18 months will be taxed as "mid-term" gain at the old 28 percent
rate.
Five year gains
A new rate structure has been created for assets held more than five
years.
Gain on assets purchased after December 31, 2000, will be taxed at 18
percent
For those in the 15 percent bracket the rate is 8 percent on assets
sold after December 31, 2000.
Exceptions
Gain from collectibles continues to be taxed at a maximum rate of 28
percent.
Maximum rate for real estate depreciation recapture will be 25 percent.
Gain from small business stock remains limited to the existing 50 percent
exclusion (for an effective maximum rate of 14%).
Conclusion
As a result of these changes, gain from the sale of assets may be taxed
at 8, 10, 14, 15, 18, 20, 25, 28, 31, 36, or 39.6 percent, depending on
holding period, date sold, type of asset, and the amount of other income.
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