There Is a 0% Capital Gains Bracket. The Numbers to Watch Are the Frozen Ones.

Capital gains has two kinds of number. The brackets get re-indexed for inflation every year. Two others have not moved since 1978 and 2013, and because they never move, they capture more people every year without anyone voting on it.

Tech Talk News Editorial10 min read
ShareXLinkedInRedditEmail
There Is a 0% Capital Gains Bracket. The Numbers to Watch Are the Frozen Ones.

Key takeaways

  • For 2026 the long-term capital gains rate is 0% on taxable income up to $49,450 for single filers and $98,900 for married filing jointly, 15% up to $545,500 and $613,700 respectively, and 20% above that.
  • Assets held one year or less are taxed as ordinary income at rates up to 37%, so the single most valuable decision in capital gains tax is usually just holding past the one-year line.
  • The 3.8% net investment income tax applies above modified adjusted gross income of $200,000 single and $250,000 married filing jointly, and those thresholds have never been adjusted for inflation since the tax began in 2013.
  • The $3,000 annual limit on deducting capital losses against ordinary income has been fixed in statute since 1978 and would be roughly $13,000 if it had been indexed to inflation.
  • The 0% bracket is measured on taxable income including the gain itself, not on gross income, which is why it is genuinely reachable in a low-income year and why almost nobody plans around it.

Capital gains tax has two kinds of number in it, and almost every explainer only covers one.

The first kind gets re-indexed for inflation every year. The 0%, 15% and 20% brackets move up a little each January, quietly, so that a raise that only matched inflation does not push you into a higher band. That is the system working as intended.

The second kind never moves. The threshold for the extra 3.8% investment surtax has sat at $200,000 since 2013. The cap on deducting investment losses against your salary has been $3,000 since 1978. Neither is indexed, so every year inflation drags more people over one and shrinks the real value of the other, without anyone voting on anything.

0%
Long-term rate up to $49,450 single / $98,900 joint
3.8%
Surtax above $200K / $250K, frozen since 2013
$3,000
Loss deduction cap, unchanged since 1978
~$13,000
What that cap would be if it had been indexed

The Rates, and the One-Year Line

Hold an asset more than a year and the gain is long-term, taxed at 0%, 15% or 20% by taxable income. For 2026 the 0% band runs to $49,450 for single filers and $98,900 for married filing jointly, 15% to $545,500 and $613,700 respectively, and 20% above that.[1]

Hold it a year or less and the gain is short-term, taxed as ordinary income at up to 37%.[1]

That is the whole ballgame for most people. The difference between selling at eleven months and thirteen months can be twenty percentage points on the same gain, which is a larger effect than nearly any clever strategy layered on top. If a position is close to the line and nothing is wrong with it, the calendar is worth more than the analysis.

Plain English

“More than one year” means more than one year, counted from the day after you bought to the day you sold. Buying on 3 March and selling on 3 March the following year is short-term by one day. This is a genuinely common and expensive mistake.

The 0% Bracket Is Real, and Almost Nobody Uses It

People treat the 0% band as a rounding error for the very poor. It is not, because of a detail in how it is measured: it is based on taxable income, which is after deductions, and it includes the gain itself.

So the people who can reach it are not only the low-paid. They are people having a low income year: a sabbatical, a stretch between jobs, a first year of a business that has not turned over yet, early retirement before pensions and Social Security begin. In those years there is room under the ceiling, and gains realised into that room are taxed at nothing.

The wash sale rule disallows losses. It says nothing about gains. You can sell an appreciated position and buy it back the same afternoon.

That asymmetry is the mechanic that makes this usable. Everyone knows about harvesting losses, where the rule bites and where it can destroy a deduction outright rather than merely delay it; the mirror image is harvesting gains. Sell enough of an appreciated holding to fill the 0% band, pay no federal tax on it, and buy the position straight back. Your cost basis resets higher, so a future sale at a higher rate has less gain to tax, and you never left the market.

The rate is 0% only up to the ceiling, and a gain that pushes taxable income past it is taxed at 15% on the excess, so the size of the sale is the whole decision. And state tax usually does not follow the federal 0% rate, which is a real cost this move ignores.

The Two Numbers That Never Move

The 3.8% surtax, frozen since 2013. Once modified adjusted gross income clears $200,000 single or $250,000 married filing jointly, investment income picks up an extra 3.8%.[2] It stacks, so a filer in the 20% bracket who is also over the threshold is paying an effective 23.8%.

Those thresholds were written into statute in 2013 and have never been adjusted for inflation, unlike the ordinary brackets the IRS re-indexes every year. Congressional Research Service analysis attributes part of the growth in both the revenue this tax raises and the number of people paying it to precisely that.[3] A $200,000 income in 2013 was a different thing from a $200,000 income now. The tax did not change. The population it reaches did.

The $3,000 loss cap, frozen since 1978. Losses offset gains without limit. Beyond that you may deduct up to $3,000 of net loss against ordinary income per year, $1,500 if married filing separately, with the remainder carried forward indefinitely.[4]

That figure has been fixed in statute since 1978. Indexed to inflation it would be somewhere around $13,000.[4] Which means an investor with a $60,000 loss is looking at twenty years of carryforward to use it, on a provision that was originally sized to be roughly four times more generous in real terms.

Why this matters

There is a pattern worth recognising here beyond capital gains. Indexed thresholds are a policy choice, and unindexed ones are a policy choice too, just a quieter one that compounds. The alternative minimum tax worked this way for decades before it was finally patched. When you read that a threshold applies to “high earners,” the question to ask is what year that sentence was written in.

Cost Basis: The Setting You Choose Once

If you have bought the same holding repeatedly, which anyone dollar-cost averaging has, then selling part of it raises the question of which shares you sold. That is the cost basis method, and most brokers default to first in, first out.

FIFO sells your oldest shares first. Those are usually your cheapest, so it tends to realise the largest gain. Specific identification lets you nominate which lots to sell, so you can pick high-basis shares to minimise the gain, or deliberately pick low-basis ones when you are filling the 0% band on purpose.

This has to be set before or at the time of sale, not at tax time. It is a setting in your brokerage account that takes two minutes and most people have never opened. Over a long holding period it is worth more than most of the fund-selection decisions people agonise over, which is also true of expense ratios.

What Actually Matters

Cross the one-year line. Twenty points, for waiting. Nothing else in this article competes with it.

Know which years are your low-income years. They are the ones where the 0% band and Roth conversions are both cheap, and they are usually visible in advance.

Put the tax-inefficient things in tax-sheltered accounts. Capital gains treatment only matters in a taxable account. The structural differences that drive this are in mutual funds versus ETFs, where the wrapper decides whether you get handed a distribution you never asked for. The same logic applies to dividends, which use these identical brackets but are taxed in the year they are paid rather than in a year you chose.

Do not let the tax decide the position. Refusing to sell a concentrated holding because of the gain is how people ride something all the way back down, having successfully avoided the tax on a profit that no longer exists. The tax is a percentage of the gain. The risk is all of it. That trade-off is the subject of diversification.

Takeaway

Hold past a year and the rate drops to 0%, 15% or 20%. The 0% band is real, is measured on taxable income including the gain, and can be harvested into deliberately because the wash sale rule only blocks losses. But the numbers to watch are the ones that never move: the 3.8% surtax threshold frozen since 2013, and the $3,000 loss cap frozen since 1978 and worth about a quarter of what it once was. Both reach further every year without anyone changing them.

If your gains arrive as equity compensation rather than as investments you chose, the tax runs on a different track and the traps are different: how RSUs actually get taxed covers the withholding gap and the cost-basis error that causes people to pay twice.

Sources and further reading

Figures are for the 2026 tax year and move annually, except where noted as frozen in statute. Verify against the IRS before acting.

  1. 1.ReportingKiplinger, "IRS updates capital gains tax thresholds". Source for the 2026 long-term bracket thresholds and the year-over-year change in the 0% band.
  2. 2.PrimaryIRS, "Net Investment Income Tax". The 3.8% rate, the MAGI thresholds, and what counts as net investment income.
  3. 3.PrimaryCongressional Research Service, "The 3.8% Net Investment Income Tax: Overview, Data, and Policy Options". Source for the thresholds never having been indexed since 2013, and for that explaining part of the growth in revenue and in the number of taxpayers affected.
  4. 4.PrimaryCongressional Research Service, "An Analysis of the Tax Treatment of Capital Losses". Source for the $3,000 limit under IRC section 1211(b), its fixed status since 1978, and the inflation-adjusted comparison.
  5. 5.PrimaryIRS Topic no. 409, Capital gains and losses. The holding-period rule, the netting order, and the carryforward treatment of unused losses.

Frequently asked questions

What are the capital gains tax rates for 2026?
Long-term gains on assets held more than a year are taxed at 0%, 15% or 20% depending on taxable income: 0% up to $49,450 for single filers and $98,900 for married filing jointly, 15% up to $545,500 and $613,700, and 20% above those. Short-term gains on assets held a year or less are taxed as ordinary income at rates up to 37%.
Is there really a 0% capital gains tax bracket?
Yes, and it is a real rate rather than a technicality: long-term gains are taxed at 0% when total taxable income including the gain falls under $49,450 single or $98,900 married filing jointly for 2026. It is most reachable in a year with low earned income, such as a sabbatical, a career change, or early retirement before other income sources begin.
What is the net investment income tax?
It is an additional 3.8% that applies to investment income once modified adjusted gross income exceeds $200,000 for single filers or $250,000 for married filing jointly. It stacks on top of the capital gains rate, so a filer in the 20% bracket who is also over the threshold pays an effective 23.8% on the affected gains.
Why has the net investment income tax threshold never changed?
Because the $200,000 and $250,000 figures were written into statute in 2013 with no inflation indexing, unlike the ordinary brackets which the IRS adjusts annually. Congressional Research Service analysis attributes part of the growth in both the tax's revenue and the number of people paying it to exactly that lack of indexing.
How much capital loss can I deduct in a year?
You can offset capital gains without limit, and then deduct up to $3,000 of remaining net loss against ordinary income each year, or $1,500 if married filing separately. Anything beyond that carries forward indefinitely, and that $3,000 cap has been fixed since 1978, so its real value has eroded to roughly a quarter of what it was.
Does the wash sale rule apply to capital gains?
No, the wash sale rule only disallows losses, not gains, so you can sell an appreciated position and buy it back immediately. That asymmetry is what makes deliberately realising gains inside the 0% bracket possible, since you can reset your cost basis higher without leaving the market.

Written by

Tech Talk News Editorial

Computer engineering background. Writes about software, AI, markets, and real estate, and the places where the three meet.

More about the author
ShareXLinkedInRedditEmail