Definition
Capital gains taxes apply to the profit from selling assets held for investment or business purposes. Long-term capital gains (assets held over one year) are taxed at preferential rates of 0%, 15%, or 20% depending on income, compared to ordinary income rates of up to 37%. This rate differential is the foundation for multiple strategies within the DEAPR framework.
How It Works
Capital gains strategies span all five DEAPR components:
- Defer: Qualified Opportunity Zones, 1031 exchanges, installment sales, and deferred sales trusts postpone gain recognition
- Eliminate: QSBS Section 1202 can exclude up to $10 million; gifting appreciated stock to charity eliminates the gain entirely
- Arbitrage: The 17-point differential between ordinary (37%) and long-term capital gains (20%) rates creates opportunities through holding period management and income-type conversion
- Pay Now-None Later: Roth conversions during low-income years, then investing the Roth in appreciating assets for tax-free gains
- Reduce: CRT transfers avoid gain recognition; tax-loss harvesting offsets gains with losses
The 3.8% Net Investment Income Tax (NIIT) adds to the capital gains rate for high-income taxpayers, making the effective top rate 23.8% for long-term gains.
When Entrepreneurs Use This
- Business sales: The largest capital gains event most entrepreneurs experience
- Stock liquidations: Diversifying concentrated equity positions
- Real estate transactions: Selling investment or commercial property
- Portfolio rebalancing: Managing gains and losses across the investment portfolio
Dew Wealth Perspective
Capital gains planning should begin years before any anticipated sale. The Linchpin Partner coordinates entity structure (C-Corp for QSBS eligibility), holding period management, charitable vehicle timing, and QOZ eligibility to ensure the entrepreneur pays the minimum legal tax on every gain event.