Types of Capital Gains Tax

There are four main categories of Capital Gains Tax, which are organized based on the type of asset being sold and the duration of ownership.

Main Categories

  • Short-Term Capital Gains Tax — applies to assets held for less than one year, such as stocks or bonds, and is taxed as ordinary income, with Apple being a well-known example of a company whose stocks are frequently subject to short-term capital gains tax.
  • Long-Term Capital Gains Tax — applies to assets held for more than one year, such as real estate or investments, and is taxed at a lower rate than ordinary income, with Warren Buffett's long-term investment in Coca-Cola being a notable example.
  • Section 1244 Capital Gains Tax — applies to losses from the sale of small business stock, allowing for ordinary loss treatment, with Google's early investors being an example of those who could have utilized this tax provision.
  • Superfund Capital Gains Tax — a type of tax on gains from the sale of certain types of assets, such as collectibles or precious metals, with Sotheby's auction house being a platform where such assets are frequently sold.

Comparison Table

CategoryTax RateAsset TypeHolding Period
Short-Termordinary income ratestocks, bonds< 1 year
Long-Term0-20%real estate, investments> 1 year
Section 1244ordinary loss ratesmall business stockN/A
Superfund28%collectibles, precious metalsN/A

How They Relate

The categories of Capital Gains Tax can overlap, such as when a long-term capital gain is also subject to Superfund tax rates if the gain is from the sale of a collectible. Short-term capital gains and long-term capital gains are often confused, but the primary distinction lies in the holding period, with short-term applying to assets held for less than one year and long-term applying to assets held for more than one year. Additionally, Section 1244 and Superfund taxes are often misunderstood as being mutually exclusive, but they can actually apply to the same asset if it meets the specific criteria for each category, such as a small business stock that is also a collectible. The Ricardo's comparative advantage model (1817) can be used to understand the economic implications of these tax categories on investment decisions. Boeing's tax strategy, for instance, involves careful consideration of these tax categories to minimize tax liability, with the company producing ~800 aircraft annually (Boeing annual report).