Harvest time

December is a good time of year for taxpayers to take a look at the performance of their investments over the past year.  During that time taxpayers might consider selling some assets, either to free up cash for future investments or living expenses, or to harvest capital gains in their account.

The basic harvest

 Before a taxpayer can properly plan their capital gains harvesting, it is important to understand capital assets and how gains/losses are determined.  A capital asset includes just about everything a taxpayer owns for personal use (not business) such as a home, stocks, bonds, cars, etc.  When capital assets are sold, the difference between the proceeds received and the original cost basis of the asset is the resulting gain or loss.  If the proceeds are more than the cost, the result is a gain, and vice versa a loss.  Once the gain/loss is calculated, the next step is to determine if the gain/loss is long-term or short-term.  If the asset had been owned by the taxpayer for 1 year or more when it is sold, then the gain/loss is long-term.  Otherwise, the gain/loss is short-term.

Basic capital gains harvesting attempts to offset capital gains against capital losses.  For example, let's say a taxpayer has $10,000 worth of investments in their account.  $5,000 of the investments have an unrealized gain of $1,000, and the other $5,000 have an unrealized loss of $1,000.  The taxpayer can sell all of the investments, generate $10,000 in cash, but have zero capital gains, because the $1,000 gain offsets the $1,000 loss.

Tax rates

Unfortunately, if the taxpayer's investment account has significant gains, 2013 might not be the best year to start liquidating large portions of their portfolios.  As has been the case for several years, long-term capital gains are only taxed at 15%, but beginning in 2013, taxpayers with income in excess of $400,000 (single) or $450,000 (married) could be subject to a 20% capital gains tax rate.  Of course this applies only to long-term capital gains; short-term capital gains are always taxed at the ordinary tax rate.

Reap what you sow

Taxpayers often ask themselves "if I sell assets at a gain and other assets at a loss, don't I lose money?"  The answer is yes and no.  Yes, the taxpayer loses money on the assets sold at a loss, because they spent more on the initial purchase than they received from the sale.  At the same time, the answer is no because the taxpayer still receives cash from the sale.  This cash can be used to make additional purchases and investments, without any tax consequences because the capital gains and losses offset each other.

Another aspect to consider is the capital loss carryover.  Individual taxpayers are allowed a maximum of $3,000  in net capital losses be reported on their tax return.  The good news is that the capital losses not used in that year can be carried forward to future years.  Therefore, if a taxpayer has long-term capital gains of $1,000 and long-term capital losses of $5,000 (net capital loss of $4,000), the maximum net capital loss they can report on their tax return is $3,000, but the other $1,000 can be carried over to future years.  This means that in the next year, $1,000 in capital gains could be taken without taking any corresponding losses, because the $1,000 could be used from the previous year.

December is a good time to review investment holdings and consider harvesting capital gains in order to generate cash with minimal tax consequences.  At the same time, taxpayers should also consider if they have any capital loss carryovers on their Schedule D from the previous year.

Happy harvesting!

Ordinary and Qualified Dividends

When a taxpayer receives a form 1099-DIV at the end of the year, a common question they have is "what is the difference between an ordinary and qualified dividend?".

A taxpayer that owns or is the beneficiary of an investment that pays dividends will typically receive a form like this at the end of the year.  The dividends they received during the year are reported in box 1a "Total ordinary dividends" and any of those dividends that are qualified will be reported in box 1b "Qualified dividends".  If dividends are received through a passthrough entity such as a trust or partnership, they will be reported on the Form K-1.

Dividends are the most common way for a corporation to distribute profits to its shareholders.  All of the dividends paid to a shareholder during the year are reported as ordinary dividends and are taxable to the taxpayer.  Qualified dividends will be included in the amount of ordinary dividends, but are subject to capital gains tax rates.

Qualified dividends are subject to the 15% capital gains tax rate if the taxpayer's regular tax rate is 25% or higher.  But, if the taxpayer's regular tax rate is less than 25%, then the qualified dividends are subject to a 0% tax rate.  For 2013, the 25% bracket kicks in when adjusted gross income hits $72,500 MFJ / $36,250 S.

In order for dividends to be considered qualified, they must meet three criteria.  First, the dividends must have been paid by a US or qualified foreign corporation.  Second, the dividends must not be considered capital gain distributions, payments in lieu of dividends, or payments from a tax-exempt organization or a farmer's cooperative.  Third, the taxpayer must meet the holding period for the investment.

For a dividend to be considered qualified, the taxpayer must have held the investment for more than 60 days during the 121-day period that begins 60 days before the ex-dividend date.  So if an investment's ex-dividend date (first day someone can own the investment without receiving the dividend) is September 1, then the taxpayer would have had to own the investment for at least 60 days during the period of July 1 to Nov 1 (121-day period beginning 60 days before ex-dividend date).

Confusing?  It can be, but in theory the investment should be owned for a longer term in order for the dividends to qualify for capital gains tax rates.

In all, taxation of qualified dividends with capital gains tax rates is an attractive reason to own domestic, qualified, dividend paying investments for the long-term, as long as the taxpayer is familiar with how the qualified dividends are calculated and whether or not their investments meet the characteristics for qualified dividends.