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Lev, Tax Advisor
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If $65,100 is the upper limit of adjusted gross income for ...

Resolved Question:

If $65,100 is the upper limit of adjusted gross income for a married couple for the application of the 0% capital gains tax rate, what is the upper limit of adjusted gross income for for the 5% tax rate ?
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.

First of all $65,100 is NOT the upper limit of adjusted gross income for a married couple for the application of the 0% capital gains tax rate --- $65,100 is the upper limit of TAXABLE income for a married couple for the application of the 0% capital gains tax rate.

Taxable income is calculated as (adjusted gross income) - (standard or itemized deduction) - (personal exemptions).

To qualify for this zero percent capital gains rate - the gains have to be long-term and the taxpayer has to be in 15% tax brackets or below for regular income. $65,100 is an upper level of the 15% tax bracket for a married couple. That zero percent capital gains rate - is used for 2008 and 2009 instead of 5% rate used before. There is no 5% capital gain rate in 2008 and 2009.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22655
Experience: Taxes, Immigration, Labor Relations
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Customer: replied 5 years ago.
I am 83 and have a slew of long term capital gains far in excess of the $61,500 taxable income bracket What are the tax rates for capital gains if said gains push me upward into the next two brackets ?

Thanks.
Expert:  Lev replied 5 years ago.

You need to consider how that capital gains would be taxes if it would be a regular income - that part falls into 15% tax bracket or below will not be taxable in 2008, but the part falls into 25% tax bracket or above will be taxed at 15%.

Consider this example - your total TAXABLE income in 2008 is $60,000 regular income plus $40,000 long term capital gain - total $100,000.

Without capital gain - you are in 15% tax bracket (upper limit is $65,100)

Part of the capital gain - $5,100 falls into 15% regular tax bracket and as long term capital gains - will not be taxable in 2008; but another part $40,000 - $5,100 = $34,900 falls into 25% regular tax bracket and will be taxable at 15% - the max long term capital gains rate.

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