DEFINITION of 'Zero Capital Gains Rate'

The capital gains tax rate of 0% that is charged to individuals who sell property in an "enterprise zone". The zero capital gains rate can be applied by a given level of government in order to prompt investment in a given area.

BREAKING DOWN 'Zero Capital Gains Rate'

In 2004, the U.S. Congress passed, and the president approved, the Working Families Tax Relief Act. The act contains provisions that extend the 0% capital gains tax to certain properties being sold within the D.C. Enterprise Zone.

The logic behind this act is to give an incentive to individuals to invest in this area. The rate is not exclusive to any one region, state or municipality. Legislators looking to create jobs and draw investment into a community frequently enact a zero capital gains tax rate, and/or institute other tax-related incentives in that area.

A 2012 tax bill made the 0% capital gains rate permanent for most filers, provided that are either singles with a taxable income under $37,950, or couples with taxable income under $75,900. Even still, some of these filers face modest tax rates of 25% to 30%, if the earn additional income that’s taxed at ordinary rates, consequently pushing their long-term gains or qualified dividend income from the 0% bracket into the 15% bracket for investment income. On the other hand, itemized deductions may reduce ordinary income under, placing individuals beneath the 15% bracket, therefore increasing the capital gains or dividends that are taxed at 0%, which explains why taxpayers can have high Adjusted Gross Incomes but still face 0% taxes on their long-term capital gains.

Under this program, each enterprise zone has its own particular set of rules, which may change as the legislation is extended or amended. For example, with the D.C. enterprise zone, the following mandates must be satisfied:

  • The property must have been substantially improved during that time period of ownership.
  • The property must be been for a minimum of five years from the date of acquisition
  • At least 80% of the total gross income resulting from the property ownership must be derived from business actively conducted within in the D.C. Enterprise Zone.
  • If the property in question is for commercial rental purposes, at least 50% of the rental income must come from businesses located within the D.C. enterprise zone.
  • Original use of Property commences with the taxpayer (this requirement is deemed to be met if substantial improvements have been made to property).
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