Capital gains

You Held the Shares More Than a Year. That Does Not Make the Rate 15 Percent.

For a San Diego household earning in the mid three hundreds, a long-term gain runs closer to 28 percent once the federal surtax and California are counted. Here is the arithmetic on a $180,000 sale, with a source behind every number.

The setup

A Couple, a Position, and a Number They Have Already Set Aside

A married couple in San Diego. One works in biotech, the other in tech. Combined W-2 wages of $320,000. They take the standard deduction.

Four years of restricted stock has vested and they never sold any of it. The position is now worth about $180,000 more than what they paid tax on at vesting, and every share has been held longer than a year. Roughly a third of their net worth sits in one company's stock, which is the actual reason they are thinking about selling.

They have read that long-term gains are taxed at 15 percent. So they expect a bill around $27,000 and they have mentally set that aside.

That number is wrong by about $23,000, and none of the reasons are obscure. The rate they read about is one of four rungs, and two more taxes sit on top of it that most articles about capital gains never mention.

The thing worth understanding first is that a capital gain does not get its own separate rate card. It stacks on top of your ordinary income. Their wages fill the ladder from the bottom, and the gain lands wherever the wages leave off. Where the gain lands is what sets the rate, not the size of the gain by itself.

The ladder

The Four Rungs

Federal rate on a long-term capital gain, married filing jointly, tax year 2026. The range is your total taxable income, ordinary income and gain combined.

Where the gain lands

Federal rate on a long-term gain, married filing jointly, 2026

  1. The zero bracket, $0 to $98,900
    0%
  2. Fifteen, no surtax, $98,901 to $250,000
    15%
  3. Fifteen plus the surtax, $250,001 to $613,700
    18.8%You are here
  4. Twenty plus the surtax, Above $613,700
    23.8%

Their taxable income is $467,800. That is $500,000 of wages and gain, less the $32,200 standard deduction. It puts them in the third rung, and it puts them there for the whole gain rather than part of it.

Two things about this ladder are worth slowing down on.

The first rung is decorative at this income. The 0 percent bracket is real, and for a retired couple living on savings it matters a great deal. For a household with $320,000 in wages, the wages alone fill it several times over before a dollar of gain arrives. It is on the ladder so you can see how far above it you are, not because you might land there.

The jump from the second rung to the third has nothing to do with capital gains brackets. The federal rate is still 15 percent at $250,001. What changes is that the Net Investment Income Tax switches on, adding 3.8 percent. It is a separate tax with its own threshold, and it was written into law in a way that catches this couple squarely.

The bill

What the Sale Actually Costs

Three separate taxes apply to the same $180,000.

Tax on a $180,000 long-term gain
LineRate on the gainAmount
What they expected15%$27,000
Federal long-term capital gains tax15%$27,000
Net Investment Income Tax3.8%$6,840
California income tax9.3%$16,740
Total28.1%$50,580

The federal piece is the part they got right. The whole gain sits between $287,800 and $467,800 of taxable income, comfortably inside the 15 percent band, which does not end until $613,700. Fifteen percent of $180,000 is $27,000.

The 3.8 percent is where the estimate breaks. The Net Investment Income Tax applies to the smaller of two numbers: your net investment income, or the amount your modified AGI exceeds $250,000. Their investment income is $180,000. Their MAGI is $500,000, which is $250,000 over the line. The smaller number is the gain itself, so all of it is taxed. That is $6,840.

Worth noticing: the $250,000 threshold has not moved. The capital gains brackets get re-indexed for inflation every year in an IRS revenue procedure. The NIIT threshold is a fixed figure in the statute and the IRS publishes it without an inflation adjustment. Every year that wages rise, it catches more people. This couple is not unusually wealthy by San Diego standards, and they are well past it.

California does not have a capital gains rate. The Franchise Tax Board's position is plain: all capital gains are taxed as ordinary income. There is no holding period that helps and no preferential bracket. At their income the marginal California rate is 9.3 percent, which is $16,740.

Add it up and the effective rate on the gain is 28.1 percent, not 15. The difference between what they set aside and what they owe is $23,580.

When I show someone this number for the first time, they go quiet. There is usually some regret. Then the questions start, and that is the part worth having. I answer them, and then I walk back through the overall strategy, because if the planning was done properly this number was already accounted for. Unwelcome is fine. A surprise is not.

Two variations

What Changes if the Sale Is Larger, or Split Across Two Years

Two variations on the same couple. Same wages, same standard deduction, same California rate.

A $400,000 gain, sold at once or split across two years
LineAll in one yearSplit across two years
Federal long-term capital gains tax$63,705$60,000
Net Investment Income Tax$15,200$15,200
California income tax$37,200$37,200
Total$116,105$112,400
Effective rate on the gain29.0%28.1%

Selling all $400,000 at once pushes part of the gain onto the fourth rung. Taxable income reaches $687,800, which is $74,100 above the $613,700 line. That slice is taxed at 20 percent instead of 15. The rest stays at 15.

Splitting the sale across two calendar years keeps every dollar on the third rung. Two $200,000 sales each land entirely inside the 15 percent band, so the 20 percent rate never applies.

The saving is $3,705 on a $400,000 gain. That is real money and it is also about nine tenths of one percent, which is smaller than most people expect when they hear that timing matters. It is worth being straight about why. Splitting the sale only moves the piece that was going to cross into the 20 percent bracket. The 3.8 percent federal surtax applies to the full gain in either version, and so does California's 9.3 percent. Those two follow you across the calendar. Only the top rung can be avoided by waiting.

Which points at something more useful than a timing trick. If the goal is to reduce what this costs rather than to move it around, the levers that actually move are the ones that change taxable income in the year of the sale or change the character of the gain. Charitable timing, loss harvesting elsewhere in the portfolio, and the order in which accounts get drawn down all belong in that conversation. None of them are one-line answers, and none of them work well decided in December.

There is also a question the arithmetic cannot settle. Holding a concentrated position to avoid a 28 percent tax is a bet that the stock will not fall more than 28 percent. That is a risk decision wearing a tax costume, and it deserves to be argued on its own terms. We have written about that decision itself in RSU vesting: to hold or to fold, and about the tax at vesting, which is a separate event from the one priced here, in how California taxes RSU vesting.

The regret I see has nothing to do with timing. Most writing on this subject implies the mistake is selling too early, or holding too long. I see the same regret on both sides, in about equal measure, and that is the tell. It is not about speed. It is that the decision got made without a plan behind it.

Which is worth saying plainly, because a page full of arithmetic can leave the impression that getting the timing right is the whole job. It is not.

Common questions

Questions People Ask About This

Does the one-year holding period still matter?

For the federal piece, a great deal. Short-term gains are taxed as ordinary income, which at this couple's level means the 32 or 35 percent bracket rather than 15. For California it makes no difference at all, because the state taxes gains as ordinary income regardless of how long you held.

Is the Net Investment Income Tax the same as the Additional Medicare Tax?

No. They are separate taxes with separate rules that happen to start near the same income level. This page covers the 3.8 percent tax on investment income. The Additional Medicare Tax applies to wages and self-employment income, not to capital gains.

What if only one of us works?

The thresholds shown here are the married filing jointly figures and they do not care which spouse earned what. Filing separately generally makes this worse, because the NIIT threshold drops to $125,000 each rather than $250,000 combined.

Does moving out of California before selling work?

Sometimes, and it is far more complicated than it sounds. California taxes residents on all income and has a detailed body of rules about when residency actually ends. Anyone thinking seriously about it needs a tax professional involved before the sale, not after.

Where does the withholding at vesting fit into this?

It does not, and that trips people up. Tax was withheld when the shares vested, on the value at that moment, as ordinary compensation income. Everything on this page is tax on the gain since then. They are two separate events.

What to do next

Run It on Your Own Numbers

If you hold a concentrated position and you have not run this arithmetic on your own numbers, that is the first thing worth doing. It takes an afternoon and it usually changes the size of the decision.

Three things to have in front of you before you talk to anyone: your cost basis by lot, your expected total income for the year the sale would happen, and any losses sitting elsewhere in your portfolio that could offset the gain. Most people can get all three out of their brokerage statements.

For how this fits alongside the rest of a high earner's planning, see the H.E.N.R.Y. Strategy, or tax efficiency and wealth coordination for the wider tax picture.

Bring your own numbers

A consultation is a conversation about your actual numbers rather than an example. Bring your cost basis by lot, your expected income for the year, and any losses elsewhere in the portfolio, and we can work through what the sale costs, what the alternatives cost, and whether the concentration is a problem worth solving this year or next.

Book a consultation

A 30-minute call. No document gathering beforehand, and no obligation afterwards.

Every figure on this page, and where it comes from

Federal figures are tax year 2026. California figures use the 2025 rate schedule, which is the most recent one the Franchise Tax Board has published.

The four federal rungs

  • Capital gains 0 percent rate ceiling, married filing jointly, $98,900. IRS Rev. Proc. 2025-32, section 4.03 (per IRC section 1(h) and 1(j)(5)(B)). Tax year 2026.
  • Capital gains 15 percent rate ceiling, married filing jointly, $613,700. IRS Rev. Proc. 2025-32, section 4.03. Tax year 2026.
  • Net Investment Income Tax rate, 3.8 percent. IRS, Net Investment Income Tax (IRC section 1411).
  • NIIT modified AGI threshold, married filing jointly, $250,000. IRS, Net Investment Income Tax; IRS Instructions for Form 8960.
  • NIIT is computed on the lesser of net investment income or modified AGI above the threshold. IRS Topic No. 559.
  • NIIT thresholds carry no inflation adjustment. The Instructions for Form 8960 state the threshold amounts with no inflation adjustment provision, in contrast with the capital gains brackets, which Rev. Proc. 2025-32 re-indexes annually.
  • The top rung is an open interval with no natural width. It is drawn at $386,300, the distance from $613,700 to $1,000,000, so that it can be shown at all. That width is a drawing decision, not a tax fact, and no figure on this page depends on it.
  • One honest caveat about the ladder. The four rungs are drawn on a single axis, total taxable income, because that is what a reader can locate themselves on. Three of the four boundaries genuinely use taxable income. The 15 percent to 18.8 percent boundary does not: the NIIT threshold is measured on modified AGI, which is calculated before the standard deduction and is therefore a larger number than taxable income for most filers. In practice the surtax starts slightly earlier than the $250,000 mark on this axis. For the couple in this example both tests give the same answer, so the ladder is accurate for them. For a household sitting within about $35,000 of the threshold, the two measures can disagree and the arithmetic needs to be run on both.

The $180,000 sale

  • Combined W-2 wages, $320,000. Illustrative, not a real client.
  • Long-term capital gain on the sale, $180,000. Illustrative.
  • Standard deduction, married filing jointly, $32,200. IRS tax inflation adjustments for tax year 2026 (Rev. Proc. 2025-32, section 4.14).
  • Taxable income, $467,800. That is $320,000 plus $180,000, less $32,200.
  • Modified AGI for NIIT, $500,000. That is $320,000 plus $180,000. Assumes no adjustments to AGI and no foreign earned income exclusion.
  • Federal capital gains tax, $27,000. Fifteen percent of $180,000. The gain sits from $287,800 to $467,800 of taxable income, entirely within the 15 percent band.
  • Net Investment Income Tax, $6,840. That is 3.8 percent of $180,000, the lesser of net investment income ($180,000) and modified AGI above the threshold ($250,000).
  • California treats capital gains as ordinary income. California Franchise Tax Board, Capital gains and losses: California has no lower rate for capital gains.
  • California marginal rate at this income, 9.3 percent. FTB 2025 California Tax Rate Schedules, Schedule Y, the 9.3 percent band running from $145,448 to $742,958.
  • California tax on the gain, $16,740. That is 9.3 percent of $180,000.
  • Total tax on the gain, $50,580, an effective rate of 28.1 percent.
  • Why California uses a 2025 schedule. As of this writing the Franchise Tax Board has not published an indexed 2026 rate schedule, and the 2026 Form 540-ES instructions direct filers to the 2025 tax table. The 9.3 percent band is wide, running from about $145,000 to about $743,000 of taxable income for joint filers, so indexing is very unlikely to change which band this couple lands in. It would shift the exact boundaries.
  • Not included in these figures. California's Behavioral Health Services Tax, an additional 1 percent on taxable income above $1,000,000, does not apply at this income level, though it would apply to a large enough sale. Alternative Minimum Tax, state and local tax deduction limits, any phase-outs tied to AGI, and any effect on Medicare premiums two years later are all outside this example. Each can change the answer for a specific household.

The $400,000 sale, at once or split

  • Gain in the larger scenario, $400,000. Illustrative.
  • Taxable income, one-year sale, $687,800. That is $320,000 plus $400,000, less $32,200.
  • Portion taxed at 15 percent, $325,900, from $287,800 to the $613,700 ceiling.
  • Portion taxed at 20 percent, $74,100, from $613,700 to $687,800.
  • Federal capital gains tax, one-year sale, $63,705. That is $48,885 plus $14,820.
  • Federal capital gains tax, split across two years, $60,000. Fifteen percent of $200,000 in each of two years; both years stay inside the 15 percent band.
  • NIIT, either scenario, $15,200. That is 3.8 percent of $400,000. In both versions the gain is smaller than the modified AGI excess, so the full gain is taxed.
  • California tax, either scenario, $37,200. That is 9.3 percent of $400,000. Taxable income stays inside the 9.3 percent band in both versions.
  • Saving from splitting the sale, $3,705, being $116,105 less $112,400.
  • What the split scenario assumes. That wages stay at $320,000 in the second year, that the couple's filing status and deduction do not change, that the shares are still worth the same when the second block is sold, and that no other investment income arrives in either year. Every one of those can move, and the second is the one that most often does.
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