How LLC Owners Save on Taxes in 2026

IRS Schedule — Capital Gains and Losses

Schedule D — Capital Gains and Losses

Schedule D is used to report capital gains and losses from the sale of capital assets — stocks, bonds, real estate, cryptocurrency, and other property. Short-term gains (held ≤1 year) are taxed as ordinary income; long-term gains (held >1 year) are taxed at preferential rates of 0%, 15%, or 20%. For tax professionals, Schedule D planning — tax-loss harvesting, wash sale rule management, and capital gain rate optimization — is a high-value advisory service for investment clients.

✓ Verified 2026 Capital Gain Rates
✓ Wash Sale Rule Confirmed
✓ Net Investment Income Tax Confirmed (3.8%)
✓ Cryptocurrency Treatment Confirmed
0%/15%/20%
Long-Term Capital Gain Tax Rates
1 Year
Holding Period for Long-Term Treatment
Wash Sale
30-Day Rule — IRC §1091
IRC §1222
Capital Gain/Loss Classification Authority

Key Rules and Authority

RuleDetail
LTCG Rate (0%)Up to $96,700 taxable income (MFJ)
LTCG Rate (15%)$96,700–$600,050 (MFJ)
LTCG Rate (20%)Over $600,050 (MFJ)
Net Investment Income Tax3.8% on NII over $250K (MFJ)
Capital Loss Deduction$3,000/year against ordinary income
Wash Sale Period30 days before and after sale

Tax-Loss Harvesting — Turning Losses Into Tax Savings

Tax-loss harvesting is the strategy of selling investments at a loss to offset capital gains and reduce tax liability. Losses first offset gains of the same character (short-term losses offset short-term gains; long-term losses offset long-term gains). After netting, any remaining net capital loss can offset up to $3,000 of ordinary income per year. Excess losses carry forward indefinitely. The wash sale rule (IRC §1091) prohibits repurchasing the same or substantially identical security within 30 days before or after the sale — the disallowed loss is added to the basis of the repurchased security.

Cryptocurrency and Wash Sale: As of 2026, the wash sale rule does not apply to cryptocurrency (it applies only to "stock or securities"). This means clients can sell crypto at a loss, immediately repurchase it, and still claim the loss. This is a significant planning opportunity — but Congress has proposed extending the wash sale rule to crypto, so clients should act while the window is open.

Frequently Asked Questions

My client sold their primary residence and has a gain over the §121 exclusion. How is the excess reported?
The gain in excess of the §121 exclusion ($250,000 single / $500,000 MFJ) is reported on Schedule D as a long-term capital gain (assuming the home was owned for more than one year). The taxpayer must also recapture any depreciation taken on a home office as §1250 unrecaptured gain, taxed at a maximum 25% rate. The Form 1099-S from the closing agent reports the gross proceeds. The taxpayer calculates the gain by subtracting the adjusted basis (original cost plus improvements minus depreciation) from the proceeds, then subtracts the §121 exclusion.
Capital Gain Planning Advisory

Schedule D planning — tax-loss harvesting, wash sale management, crypto gains — is a high-value advisory service for investment clients. Join the Uncle Kam marketplace.

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Quick Reference
LTCG Rate (0%)Up to $96,700 MFJ taxable income
LTCG Rate (15%)$96,700–$600,050 MFJ
LTCG Rate (20%)Over $600,050 MFJ
NIIT3.8% on NII over $250K MFJ
Capital Loss Deduction$3,000/year
Wash Sale Period30 days before/after

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