Long term capital gains in US, what determines rate for 2025 tax filing?
I know this has probably been asked before, but I'm trying to wrap my head around how the tax rate for long term capital gains actually works. From what I understand, it seems to be based on your income for the year. For married filing jointly in 2025, if your income is under $99K you pay 0% long term cap gains. If it's under $610K, then 15% long term cap gains applies, and anything above that is 20%. What I'm confused about is whether the long term capital gains themselves count toward that income threshold. For example, if my regular taxable income is $160K, and I'm expecting a long term capital gain of $1,300,000 from selling some property I've owned for years. Will I be in the 15% bracket because my income is $160K, or will I end up in the 20% bracket because the total would be $160K + $1,300,000? Also, theoretically speaking, what would stop someone from making charitable donations to get their income under the $99K threshold and pay 0% on their long term capital gains? Thanks for any help you can provide!
21 comments


Keisha Johnson
The long term capital gains absolutely count toward determining which capital gains tax bracket you fall into. The IRS looks at your total taxable income INCLUDING the capital gains to determine the rate. In your example, with $160K regular income plus $1.3M in capital gains, you would definitely be in the 20% bracket for most of those gains. The tax calculation is actually a bit more nuanced - the 0% rate would apply to a portion up to the bracket threshold, then 15% would apply to the next portion, and 20% to the remainder. It's a marginal system similar to ordinary income tax. Regarding charitable donations - yes, this is actually a legitimate strategy called "tax-gain harvesting." You could potentially donate enough to charity to lower your taxable income and possibly drop into a lower capital gains bracket. However, remember that you'd need to itemize deductions rather than take the standard deduction, and there are limits on charitable contribution deductions (generally up to 60% of your AGI).
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Paolo Rizzo
•This is helpful but I'm still a bit confused. Let's say I have $80k income and $50k in capital gains. Would all $50k be taxed at 0% since my income is under the threshold? Or does adding the $50k push me over the threshold so that some portion is taxed at 15%?
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Keisha Johnson
•The capital gains are included when determining which bracket you fall into. So in your example, your $80k income plus $50k capital gains gives you $130k total income, which would push you above the 0% threshold. The calculation is done in order - first the $80k income gets you partway to the threshold, then the capital gains start getting taxed at different rates as they push you through different brackets. The portion of your gains that keeps you under the 0% threshold would be taxed at 0%, and the remainder would be taxed at 15%.
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QuantumQuest
I actually used taxr.ai for this exact situation last year when I had a huge capital gain from selling my rental property. I was totally confused about how much I'd end up owing and getting conflicting advice from friends. When I uploaded my documents to https://taxr.ai they analyzed my situation and showed me exactly how the capital gains would be taxed at different rates. They even gave me personalized strategies for reducing my tax burden through things like timing my sale and making strategic charitable donations. Saved me thousands compared to what I thought I'd owe.
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Amina Sy
•How does it work with complicated situations? I have stock options, crypto, and a small business with some assets I sold this year. Would it handle all these different types of capital gains?
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Oliver Fischer
•Sounds too good to be true tbh. How accurately can it predict your actual tax liability? Did the final numbers match what the IRS said you owed?
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QuantumQuest
•It handles all kinds of capital gains situations including stock options, crypto, business assets, and real estate. The platform has specific modules for each type of transaction and walks you through the different tax treatments for each. The predictions were extremely accurate in my case. The final tax amount was within $120 of what the analysis predicted, and that small difference was only because I had a late dividend payment that wasn't included in my initial documents. The IRS assessment matched exactly what I filed based on the guidance.
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Amina Sy
Just wanted to follow up about my experience with taxr.ai since I was asking about it earlier. I decided to try it with my complicated mix of stock options, crypto and business asset sales. It was actually really impressive! The system broke down exactly how each different type of gain would be taxed and showed me the bracket thresholds that affected my specific situation. It even pointed out that some of my crypto trades I thought were long-term were actually just shy of the one-year holding period, which would have cost me thousands in higher taxes. Definitely worth it for anyone with capital gains questions like the original poster.
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Natasha Petrova
For what it's worth, I spent 4 WEEKS trying to reach someone at the IRS last year about a similar capital gains question. I kept getting disconnected or waiting for hours. Finally found Claimyr (https://claimyr.com) and they got me connected to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent explained that capital gains are included in your AGI for determining which capital gains tax bracket you're in, but they don't "stack" on top of your ordinary income the way many people think. It's more like they "fill up" each tax bracket starting from where your ordinary income ends.
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Javier Morales
•How does this actually work? Do they just get you through the phone tree or do they actually have special access to the IRS? Seems strange the IRS would allow a third party to bypass their phone system.
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Oliver Fischer
•I'm really skeptical about this. If it really worked, wouldn't everyone be using it? The IRS phone system is famously impossible to navigate. What's the catch here?
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Natasha Petrova
•They use technology to navigate the phone system and wait on hold for you. When a human IRS agent finally answers, you get a call back and are connected directly. No special access - they're just automating the painful waiting part. There's no catch - it's simply a service that waits on hold so you don't have to. Think of it like hiring someone to stand in line for you at the DMV. The IRS doesn't care who waits on hold, they just answer when they can. The service just makes sure you don't waste hours of your day waiting.
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Oliver Fischer
I feel stupid for my skeptical comment earlier. After seeing the responses here, I decided to try Claimyr last week when I needed to ask about reporting my capital gains from selling my parents' old house. I was fully prepared for it not to work, but I got a call back in about 30 minutes and was connected to an actual IRS tax specialist. The agent clarified exactly how the stepped-up basis would work for inherited property and confirmed I was calculating my capital gains correctly. Would have taken me days of trying to get through on my own. Sometimes it's worth admitting when you're wrong - this service actually delivers what it promises.
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Emma Davis
Just to add to the discussion, I've found that capital gains tax planning is really important BEFORE you sell. Last year I was going to sell some stock in December, but my accountant suggested waiting until January this year because my income would be lower this year due to a job change. That simple timing change saved me from having gains taxed at 20% versus 15%.
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Yara Sabbagh
•This timing strategy sounds really smart. Is there any risk the IRS would see this as tax avoidance though? I'm considering doing something similar with some property I'm planning to sell.
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Emma Davis
•This is completely legitimate tax planning, not tax avoidance. The IRS fully accepts that you can time your sales to minimize taxes - it's no different than waiting to buy a car until there's a sale. As long as you're not creating artificial transactions or misrepresenting anything, you're perfectly within your rights to time sales for tax efficiency. Just make sure you meet the long-term capital gains holding period (at least a year and a day) and that any sale is a genuine, arm's-length transaction. Simple timing decisions like selling in January instead of December are routine tax planning that millions of taxpayers do every year.
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GalaxyGlider
Don't forget about the Net Investment Income Tax (NIIT) of 3.8% that kicks in for higher incomes. So some people actually pay 23.8% not just 20% on their capital gains!
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Malik Robinson
•Great point! The NIIT threshold is different too - for married filing jointly it's $250k in 2025. So many people who think they're just in the 15% capital gains bracket might actually be paying 18.8% (15% + 3.8%) when all is said and done.
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GalaxyGlider
•Exactly. I wish more people understood this. And state taxes can add another big chunk depending where you live. In California, you could end up paying close to 37% total tax on capital gains when you combine federal capital gains tax (20%), NIIT (3.8%), and state income tax (13.3% top rate). Makes a huge difference in your final numbers.
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Zoe Papadopoulos
This is such a helpful thread! I'm dealing with a similar situation where I'm planning to sell some rental properties next year. One thing I haven't seen mentioned yet is the depreciation recapture rules - if you've been claiming depreciation on rental property, you'll owe tax at 25% on the depreciation amount you claimed, even if the rest of your gain qualifies for the lower capital gains rates. Also, for anyone considering the charitable donation strategy mentioned earlier, don't forget about donor-advised funds. You can make a large charitable contribution in one year to lower your AGI for capital gains purposes, but then distribute the funds to actual charities over several years. It gives you more flexibility while still getting the immediate tax benefit. The timing advice from Emma is spot-on too. I've been working with my CPA to spread out my property sales over 2-3 years to stay in lower tax brackets rather than selling everything at once and getting hit with the highest rates.
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Amara Adeyemi
•This is exactly the kind of comprehensive planning I need to learn more about! The depreciation recapture at 25% is something I hadn't even considered - that could really add up over years of claimed depreciation. The donor-advised fund strategy sounds brilliant for larger gains. Do you know if there are minimum amounts required to set one up, or can smaller investors use this approach too? I'm wondering if it would make sense for someone with maybe $200k in gains rather than millions. Also curious about your multi-year sale strategy - are you worried about property values changing between now and when you sell the later properties? Seems like there's always a balance between tax optimization and market timing risk.
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