Take Advantage of 0% Cap Gains Before It's Too Late

THIS COULD PROVE TO

be a bountiful year for taxpayers who play their cards right. That's because 2008 is the year that an unbelievable 0% federal income tax rate on

long-term capital gains

and qualified dividends kicks in. This special rate only applies to gains and dividends that fall in the 10% or 15% regular income tax bracket. But even if your income is too high to personally cash in on the 0% rate, you may have children, grandchildren, or other loved ones who qualify.

This happy state of affairs will continue through 2010 unless Congress changes the rules, which could easily happen if the Democrats seize full control in Washington. That means you should make every effort to take advantage of the 0% rate this year. Wait until next year and it just might be too late.

Here's how it works.

More people than you might think can benefit

As mentioned, the 0% tax rate only applies to long-term capital gains and qualified dividends that fall within the 10% or 15% federal income tax bracket. However, one can be doing quite well financially and still be within the 15% bracket.

Say you file jointly, have two dependent kids and claim the standard deduction for 2008. You could report up to $90,000 of adjusted gross income this year (including long-term capital gains and dividends) and still be within the 15% rate bracket. Your taxable income would be $65,100, which is the top of the 15% bracket for joint filers.

Say you're divorced, use head of household filing status, have two dependent children, and claim the standard deduction for 2008. You could have up to $62,150 of adjusted gross income this year (including long-term capital gains and dividends) and still be within the 15% rate bracket. Your taxable income would be $43,650, which is the top of the 15% bracket for heads of households.

Say you're single with no kids and claim the standard deduction for 2008. You could have up to $41,500 of adjusted gross income (including long-term capital gains and dividends) and still be within the 15% rate bracket. Your taxable income would be $32,550, which is the top of the 15% bracket for singles.

If you itemize deductions, your adjusted gross income (including long-term capital gains and dividends) could be even higher, and you could still be within the 15% rate bracket.

Remember: The adjusted gross income figures I'm quoting are after subtracting any write-offs allowed on page 1 of your 2008 Form 1040 (these are the so-called above-the-line deductions). Among others, these write-offs include deductible retirement account contributions, health savings account (HSA) contributions, self-employed health-insurance premium costs, alimony payments, moving expenses and more. If you have some above-the-line deductions, your income can be that much higher, and you'll still be within the 15% rate bracket.

Example: Married Joint Filer

Say you're a married joint filer with two dependent children and will report the following on your 2008 Form 1040:

A salary of $105,000

$10,000 401(k) contribution at work

$5,000 in above-the-line deduction for HSA contributions

$16,000 in itemized deductions

$14,000 in write-offs for four personal exemptions ($3,500 each)





Your taxable income will be $60,000 ($105,000 - $10,000 - $5,000 - $16,000 - $14,000 = $60,000). You could have up to $5,100 of long-term capital gains and/or dividends this year without owing the IRS a dime. Why? Because your total taxable income, including the gains and dividends, will still be no more than $65,100 and within the 15% rate bracket. You might have to pay state income tax on those gains and dividends, but you're free and clear when it comes to federal income tax. Any additional 2008 long-term gains or dividends would be taxed at the maximum federal rate of 15%, which is still pretty low.

Gifting shares to those in a low tax bracket is a great idea, but beware of the Kiddie Tax

If your income is too high to take advantage of the 0% rate, consider giving a loved one who falls into a low tax bracket some appreciated stock or mutual fund shares. They can sell those shares and pay 0% on the resulting gains assuming the shares have been held for over one year when they're sold. To pass the over-one-year test, your gift recipient combines her holding period after receiving the gift with the amount of time you held the shares before giving them to her. Another option: Your low-bracket loved one can hold the shares for a while and take advantage of the 0% rate on dividend income.

One thing to watch out for when using this strategy with younger loved ones is the dreaded

Kiddie Tax

. If the Kiddie Tax applies to a child for 2008, some of his investment income (including long-term capital gains and dividends from securities received as gifts from you) will be taxed at his parent's marginal federal income tax rates assuming those rates are higher than the child's rates.

More often than not, the parent's rate will be higher. Their marginal federal rate on 2008 ordinary income, such as short-term capital gains and interest, can be as high as 35%. The rate on their long-term capital gains and dividend income is probably 15%. Meanwhile, the child's rate on ordinary income is only 10% or 15% and their long-term capital gains and dividends will be taxed at the aforementioned 0% rate.

Fortunately, the Kiddie Tax for 2008 will only be an issue when all four of the following requirements are met:

Requirement 1: One or both of the child's parents are alive as of Dec. 31, 2008, and in a higher marginal federal income tax bracket than the child or grandchild.

Requirement 2: The child doesn't file a joint return for 2008.

Requirement 3: The child's unearned income exceeds $1,800 the limit for 2008 and she has positive taxable income after subtracting applicable deductions (such as the standard deduction). If the threshold is not exceeded, the Kiddie Tax doesn't apply for 2008. If the threshold is exceeded, only unearned income in excess of $1,800 will be hit with the Kiddie Tax.

Requirement 4: The child or grandchild falls under one of the three age rules explained below.

Age Rule No. 1 (Under age 18 at year-end): If the child is younger than 18 at the end of 2008, the Kiddie Tax will apply if the other three requirements are met for the year. It makes no difference whether or not the child or grandchild is claimed as a dependent on your return (or on anyone else's for that matter).

Age Rule No. 2 (Age 18 at year-end): If the child is age 18 come Dec. 31, 2008, and his earned income doesn't exceed half of his support, then the Kiddie Tax will apply if the other three requirements are also met for the year. Again, it makes no difference whether or not the child is claimed as a dependent on your return (or on anyone else's).

Age Rule No. 3 (Age 19-23 at year-end and a student): If the child is between the ages of 19 and 23 at the end of the year, and: (1) is a student for 2008, and (2) doesn't have earned income that exceeds half of her support, the Kiddie Tax will apply if the other three requirements are also met for 2008. It makes no difference whether or not the child is claimed as a dependent on your return (or on anyone else's return). Your child or grandchild is considered to be a student if she attends school full-time for at least five months during 2008.

The Bottom Line

Needless to say, the 0% rate is too good to pass up. If you're considering giving stocks or mutual fund shares to low-bracket loved ones, don't forget to consider the Kiddie Tax rules. Fortunately, the Kiddie Tax can't bite anyone age 24 or older as of Dec. 31, 2008. Just be sure to act now, because it may turn out that 2008 is the last year for this unbelievably good deal. While it's possible the 0% rate will last through 2010, as the law currently provides, I wouldn't place any bets on it.

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