I guess the fact is every investor will be treated differently depending on their personal income. Another factor will be long term gain vs. short term gain. Obama's proposed new high rate on ordinary income is 39.6%
Capital gains
Q: How have these two laws affected the tax rates on capital gains?
A: Because of JGTRRA, the tax rates on long-term capital gains are generally lower.
The maximum tax rate on long-term capital gains (defined as gains on assets held for more than one year) was lowered from 20% to 15% through December 31, 2008. For taxpayers in the 10% and 15% tax brackets, long-term capital gains are taxed at 5% through December 31, 2007 and 0% in 2008.
TIPRA extended the 15% and 0% tax rates through December 31, 2010.
Because this provision “sunsets” December 31, 2010, tax rates will revert to 2002 rate in 2011 unless the rate cuts are extended or made permanent.
Q: What is the tax rate on capital gains that are not long-term?
A: Short-term capital gains (gains on assets held for one year or less) are subject to a taxpayer’s ordinary income rates.
