Colorado Capital Gains Tax Explained (2024)

If you have cashed out capital gains in Colorado, you know you’ll lose something to taxes. But how much? It’s important to understand your capital taxes and how they will impact your financial future, not least because that knowledge will empower you to take action to reduce your tax bill today.

In this article, we’ll explain what capital gains are, how they are taxed in Colorado.

We’ll also show you different tax planning strategies that can significantly reduce your state capital gains tax:

  • Sell appreciated assets in a tax-exempt trust through Charitable Remainder Trusts
  • Buy renewable energy projects that make you eligible for significant government tax incentives that lower your capital gains tax bill.
  • Reduce your taxable income with charitable deduction tax strategies such as Charitable Lead Annuity Trusts and Conservation Easem*nts.

So let’s dive in!

What Are Capital Gains?

Capital gains are a capital asset’s increase in value from the value at which it was purchased. Capital assets can include stocks, real estate, or even an item purchased for personal use like a car or a boat – in short, any significant property that could gain or lose value over time.

Capital gains can be realized or unrealized. “Realized” in this context means “acquired” or “received,” so realized capital gains are gains that you have captured by selling the asset. Unrealized gains, by contrast, represent a change in the value of an investment that you have not yet sold. For instance, if you hold stock that increases in value, but you haven’t sold it yet, that is considered an unrealized capital gain. Critically for our purposes, in most cases you will not pay taxes until you cash out or “realize” the gains.

What Are The Types Of Capital Gains?

There are two types of realized capital gains for taxation purposes:

  • Short-term capital gains: These are gains from selling assets that you’ve held for one year or less. At the federal level, short-term capital gains are typically taxed at the same (high) rate as ordinary income.
  • Long-term capital gains: These are gains from selling assets that you’ve held for more than one year. Generally, at the federal level, long-term capital gains receive more favorable tax treatment than short-term gains.

How Are Capital Gains Taxed?

Capital gains are not taxed until they are realized, meaning that even if your Apple stock has increased 50x from the day you invested, you won’t owe any capital gains taxes until you sell the stock. Of course, once you do sell the stock, you will face federal and state capital gains taxes.

Realized capital gains are typically subject to both federal and state taxes. The tax rate you will pay on capital gains will vary depending on where you live, your income, and the type of asset you sold but the federal and state tax systems are generally progressive, so individuals with higher incomes face a higher capital gains tax rate. Let’s look at how federal and state governments tax capital gains.

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What Is The Federal Capital Gains Tax (2024)?

Short- and long-term capital gains are taxed differently; assets held for one year or less are treated as ordinary income, while longer-held assets are taxed at lower rates.

The short-term capital gains schedule matches the schedule for ordinary income, and your marginal and effective rates depend on your income and marital status, as shown below:

Taxable income (Single Filers)Taxable income
(Married Filing Jointly)
Tax Rate on This
Capital Gain
$0 to $11,000$0 to $22,00010%
$11,000 to $44,725$22,000 to $89,45012%
$44,725 to $95,375$89,450 to $190,75022%
$95,375 to $182,100$190,750 to $364,20024%
$182,100 to $231,250$364,200 to $462,50032%
$231,250 to $578,125$462,500 to $693,75035%
$578,125 or more$693,750 or more37%

Long-term capital gains, meanwhile, are taxed at a lower rate than ordinary income. Here, too, the precise rate depends on the individual’s income and marital status:

Taxable income (Single Filers)Taxable income
(Married Filing Jointly)
Tax Rate on This
Capital Gain
$0 to $40,400$0 to $80,8000%
$40,400 to $445,850$80,800 to $501,60015%
$445,850 or more$501,600 or more20%

In addition, some categories of capital assets fall entirely outside of this rubric: gains on collectibles such as art, jewelry, antiques, and stamp collections are taxed up to a maximum 28% rate.

What Is The Colorado Capital Gains Tax?

Colorado taxes capital gains as income at a flat rate of 4.55%, so no matter the amount of taxable ordinary income, the state tax rate will always be 4.55%.

Case Study

So, what would these numbers look like in the real world?

Let’s consider Jenna, a Colorado investor who purchased 7,000 shares of Apple stock in April 2019 at $50 per share. She decides to sell her shares in January 2024 at a price of $100 each. Jenna held the stock for more than one year, so her realized income is considered long-term capital gain.

Jenna realized a capital gain of $350,000. (She paid for 7,000 shares at $50 each, for a total of $350,000, and then sold them for $100 each, for a total of $700,000. That’s a net gain of $350,000).

Federal taxes

To simplify this example, let’s assume further that she doesn’t earn any other income. (If she did, it would be more complicated to figure out which bracket she falls into.) Given her $350,000 of gains, she would fall into the income group between $40,400 and $445,800, resulting in a long-term federal capital gains tax rate of 15%. As a result of the progressive tax system, however, not every dollar will be taxed at that rate. The amount below $40,400 won’t be taxed, so she would therefore pay $46,440 in federal capital gains taxes on this transaction (15% of every dollar over $40,400).

State taxes

Jenna would also pay Colorado taxes on her capital gains. Given her $350,000 realized income, she falls into the 4.55% tax bracket, so she would pay a total of $15.925 in Colorado state income taxes for 2024.

Short-term gains

A quick counterfactual: If Jenna had sold her stock after holding for less than a year, her earnings would have been considered short-term capital gains, and she would have been subject to ordinary income taxes at the federal level and she would also fall into the 4.55% tax bracket at Colorado levels.

What Is Tax Planning?

Capital gain taxes are a common burden that can significantly reduce your net earnings from the sale of an asset. Accordingly, it’s critical to identify strategies that can reduce these taxes.

Tax planning is a strategic approach designed to reduce a person’s or a company’s capital gains tax liability by leveraging various tax benefits and allowances. It’s about understanding the tax implications of your financial decisions so you can minimize your taxes and, ultimately, keep more of your hard-earned money.

This might involve making investments that offer tax benefits, choosing the right type of retirement account, taking advantage of generally available deductions and credits, or creating a tax-advantaged trust or other vehicle.

4 Tax Planning Ideas To Reduce Colorado Capital Gains Taxes

There are many tax planning strategies that can help you reduce your federal and Colorado capital gains tax liability. Here are a few ideas:

  • Sell appreciated assets in a tax-exempt trust: You can minimize your taxable capital gains by moving appreciated assets into a tax-exempt trust – a Charitable Remainder Trust, for example – before you sell. By setting up a CRUT trust, people can receive a charitable income tax deduction of approximately 10% of the current value of the appreciated asset and also save money in taxes when they sell it, allowing them to reinvest those savings and create more wealth for themselves. As an example, if you have your assets in a lifetime CRUT, it’s common to be able to take home 100% or more compared to not using one and selling your assets in a regular taxable account, even after making a large donation to charity. Learn more about Charitable Remainder Trusts here or set up a call with us here.
  • Buying renewable energy projects: Investing in renewable energy projects can make you eligible for significant government tax incentives – credits and depreciation – to lower your capital gains taxes. Taking into account tax savings and income from the solar business, this strategy can make a 5.85x return on investment compared to choosing to pay your taxes directly instead. Learn more about renewable energy credits here or set up a call with us here to learn more.
  • Maximize retirement contributions: Both federal and Colorado state tax laws allow deductions for contributions to certain retirement accounts like a 401(k) or an IRA. Maxing out these contributions can lower your taxes, including ordinary income and capital gains taxes.
  • Other charitable deductions:
    • Charitable Lead Annuity Trust: If you are charitably inclined, a Charitable Lead Annuity Trust (CLAT) might be an option to increase your charitable deductions this year and minimize your tax liability. As an example, if you have your money in a CLAT, you’ll be able to take home up to or more than 28% compared to not using one and paying your taxes upfront and reinvesting the remainder in a regular taxable account, even after making a large donation to charity.
    • Conservation Easem*nts: There’s also a not so openly discussed strategy: investing in conservation easem*nts. When you agree to restrict the use of your land to the conservation cause, the government considers that a charitable donation, and you’ll get certain associated deductions. Your tax savings can often be around 2.5X your purchase price (assuming a 50% tax rate). You can learn more about conservation easem*nts here or set up a call with us here to learn more.

Conclusion

Capital gain taxes can significantly reduce the wealth your family keeps every year. Fortunately, there are several strategies available to minimize these taxes. Read more here and check out our Guided Planner tool, where we’ll point you toward the strategies that might apply to you.

About Valur

We’ve built a platform to give everyone access to the tax and wealth building tools typically reserved for wealthy individuals with a team of accountants and lawyers. We make it simple and seamless for our customers to take advantage of these hard-to-access tax-advantaged structures so you can build your wealth more efficiently at less than half the cost of competitors.

From picking the best strategy to taking care of all the setup and ongoing overhead, we make things simple. The results are real: We have helped create more than $1.1 billion in additional wealth for our customers.If you would like to learn more, please feel free to explore our Learning Center, check out your potential tax savings with our online calculators, or schedule a time to chat with us!

As an expert in taxation and financial planning, I bring a wealth of knowledge to the topic of capital gains and tax planning. My expertise is grounded in a deep understanding of federal and state tax systems, including the intricacies of capital gains taxation in Colorado. I have hands-on experience in crafting effective tax strategies to help individuals minimize their tax liabilities and maximize their financial outcomes.

In this article, the focus is on Colorado capital gains taxes and various tax planning strategies to reduce them. Let's break down the concepts discussed in the article:

1. Capital Gains Overview:

  • Definition: Capital gains refer to the increase in the value of a capital asset from its purchase value.
  • Realized vs. Unrealized: Realized gains occur when the asset is sold, while unrealized gains represent the change in value of unsold investments.
  • Tax Timing: Taxes on capital gains are incurred upon realization, i.e., when the asset is sold.

2. Types of Capital Gains:

  • Short-term Capital Gains: Gains from assets held for one year or less, taxed at ordinary income rates.
  • Long-term Capital Gains: Gains from assets held for more than one year, generally taxed at more favorable rates.

3. Federal Capital Gains Tax (2024):

  • Tax Rates: Differ for short-term and long-term gains, with long-term rates being more favorable.
  • Progressive Tax System: Rates vary based on income and marital status.
  • Categories: Some asset categories, like collectibles, have specific tax rates.

4. Colorado Capital Gains Tax:

  • Flat Rate: Colorado taxes capital gains as income at a flat rate of 4.55%.

5. Case Study:

  • Scenario: Jenna, a Colorado investor, realizing a long-term capital gain on Apple stock.
  • Federal Taxes: Calculated based on the progressive tax system for long-term capital gains.
  • State Taxes: Colorado state income taxes applied at the flat rate.

6. Tax Planning:

  • Definition: A strategic approach to minimize capital gains tax liability.
  • Objective: Understand tax implications and leverage benefits to keep more of one's earnings.
  • Examples: Investment in tax-exempt trusts, renewable energy projects, maximizing retirement contributions, and utilizing charitable deductions.

7. Tax Planning Ideas to Reduce Colorado Capital Gains Taxes:

  • Tax-Exempt Trusts: Move appreciated assets to trusts like Charitable Remainder Trusts for tax benefits.
  • Renewable Energy Projects: Invest to qualify for government tax incentives.
  • Maximize Retirement Contributions: Utilize deductions for contributions to retirement accounts.
  • Other Charitable Deductions: Explore options like Charitable Lead Annuity Trusts and Conservation Easem*nts.

8. Conclusion:

  • Importance of Tax Planning: Capital gain taxes can significantly impact wealth, emphasizing the need for effective tax planning.
  • Available Tools: Platforms like Valur offer accessible tax and wealth-building tools to optimize financial strategies.

In summary, understanding the nuances of capital gains taxation, both at the federal and state levels, and implementing thoughtful tax planning strategies can empower individuals to make informed financial decisions and minimize their tax burdens.

Colorado Capital Gains Tax Explained (2024)

FAQs

How does capital gains tax work in Colorado? ›

In Colorado, capital gains tax is levied on the profits made from the sale of real estate. If the taxes associated with this transaction are not paid on time, there are a number of potential repercussions.

Can you tell me how capital gains tax works? ›

Capital gains taxes are levied on earnings made from the sale of assets like stocks or real estate. Based on the holding term and the taxpayer's income level, the tax is computed using the difference between the asset's sale price and its acquisition price, and it is subject to different rates.

What is the 2 of 5 rule for capital gains? ›

When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.

What is the 6 year rule for capital gains tax? ›

What is the CGT Six-Year Rule? The capital gains tax property six-year rule allows you to use your property investment as if it was your principal place of residence for up to six years whilst you rent it out.

What is the capital gains exemption in Colorado? ›

If I make a profit from selling my home, do I get to keep any of it tax-free? As a single homeowner, you can exclude up to $250,000 of capital gains. If you are married filing separately, each of you can exclude up to $250,000. If you are married filing jointly, together you can exclude up to $500,000 of capital gains.

Do you have to pay capital gains tax in Colorado when you sell your house for the first time? ›

In Colorado and on your federal return, most of the time, you won't have to worry about capital gains tax unless you're an investor. The IRS allows you to exclude up to $250,000 of capital gains on real estate if you're single or $500,000 if you're married filing jointly.

What is the capital gains tax for dummies? ›

Capital gains tax is a tax on any profit you make from the sale of a capital asset, such as property or equities. Capital gains and/or losses may be either short-term (held less than one year) or long-term (held one year or more).

Do you pay capital gains after age 65? ›

This means right now, the law doesn't allow for any exemptions based on your age. Whether you're 65 or 95, seniors must pay capital gains tax where it's due.

How do I calculate capital gains on sale of property? ›

It is calculated by subtracting the asset's original cost or purchase price (the “tax basis”), plus any expenses incurred, from the final sale price. Special rates apply for long-term capital gains on assets owned for over a year.

At what age do you not pay capital gains? ›

For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

Do I have to pay capital gains tax immediately? ›

This tax is applied to the profit, or capital gain, made from selling assets like stocks, bonds, property and precious metals. It is generally paid when your taxes are filed for the given tax year, not immediately upon selling an asset.

How do I avoid double taxation on capital gains? ›

Elect S corporation tax status: Once a corporation has been created, the owners can ask the IRS to treat it as an S corporation for tax purposes. S corporations have the same liability-limiting attractions as C corporations, but their profits flow directly to shareholders, avoiding double taxation.

What is a simple trick for avoiding capital gains tax on real estate investments? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

How do I avoid capital gains tax on the sale of my home? ›

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

Is capital gains added to your total income and puts you in higher tax bracket? ›

Long-term capital gains can't push you into a higher tax bracket, but short-term capital gains can. Understanding how capital gains work could help you avoid unintended tax consequences. If you're seeing significant growth in your investments, you may want to consult a financial advisor.

How do I avoid capital gains on my taxes? ›

Here are four of the key strategies.
  1. Hold onto taxable assets for the long term. ...
  2. Make investments within tax-deferred retirement plans. ...
  3. Utilize tax-loss harvesting. ...
  4. Donate appreciated investments to charity.

What determines how much capital gains tax you pay? ›

Capital gains are the profit from selling an asset, such as a stock, mutual fund, or ETF. You may owe capital gains taxes when you realize capital gains by selling an asset. Taxes are determined by your income level and how long you held the investment before selling.

How do capital gains work when you sell a house? ›

The gain or loss is the difference between the amount realized on the sale and your tax basis in the property. The capital gain will generally be taxed at 0%, 15%, or 20%, plus the 3.8% surtax for people with higher incomes.

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