The UK's Five-Year Tax Rule: What British Expats in the US Need to Know Before Moving Home
British expats in the US may face unexpected UK tax bills. Learn how HMRC's five-year rule, new dividend rules, and state taxes can impact your...
EP Wealth Advisors
Capital gains taxes affect investment decisions, charitable giving, and estate planning. EP Wealth explains how high-net-worth investors can approach these areas in a coordinated way.
For investors with sizable portfolios, capital gains taxes can represent one of the largest recurring drags on after-tax wealth. The federal long-term capital gains rate of 15% or 20%, combined with the 3.8% Net Investment Income Tax and state income taxes, can mean losing a quarter or more of every realized gain.
That tax exposure can surface when rebalancing a portfolio, but it also applies when liquidating a concentrated stock position or drawing down investments to fund retirement. The tax consequences of each decision depend on factors such as income sources, account structure, holding periods, and the broader financial plan.
The right combination depends on your specific circumstances. A financial advisor can help evaluate which approaches fit within your broader financial picture.
.png?width=1400&height=393&name=Quote%201%20(2).png)
Before looking at specific strategies, it helps to understand what drives the tax bill. For high-income investors, three layers of taxation can apply to realized investment gains.
Investments held for more than one year qualify for long-term capital gains rates: 0%, 15%, or 20%, depending on taxable income. Investments held for one year or less are taxed at ordinary income rates, which currently range up to 37%.
For many high-net-worth investors, the applicable long-term rate is 15% or 20%. The rate is determined by total taxable income—including the gain itself—so a large gain can push portions of income from the 15% bracket into the 20% bracket within the same tax year.
The Net Investment Income Tax (NIIT) is a separate 3.8% surtax that can apply when modified adjusted gross income (MAGI) exceeds $200,000 for single filers or $250,000 for joint filers. It generally covers capital gains, dividends, interest, rental income, some non-qualified annuity payments, and passive business income.
These thresholds have not been adjusted for inflation since 2013, which means they affect a broader group of taxpayers each year. For an investor in the top bracket, the combined federal rate on long-term capital gains reaches 23.8% (20% + 3.8%).
State income taxes on capital gains vary widely. Some states have no income tax; others tax capital gains at rates that can exceed 10%. When combined with federal rates and the NIIT, the all-in tax on a long-term gain can approach or exceed 35% in high-tax states.

Sources: https://www.irs.gov/filing/federal-income-tax-rates-and-brackets, https://www.irs.gov/taxtopics/tc409, https://www.irs.gov/individuals/net-investment-income-tax
The strategies below address different aspects of capital gains exposure. Some aim to help reduce the amount of gain that's realized. Others shift the timing of when gains are recognized or change how they're taxed. In many cases, the greatest benefit comes from combining several of these approaches within a coordinated plan.
Tax-loss harvesting offsets realized gains by selling positions in taxable accounts that have declined below their purchase price. The resulting losses can offset gains dollar for dollar, with up to $3,000 of excess losses applied against ordinary income each year. Any remaining losses carry forward.
The typical approach is to replace the sold position with a similar—but not "substantially identical"—investment to maintain market exposure. The IRS wash-sale rule disallows the loss if the same or a substantially identical security is purchased within 30 days before or after the sale. Harvesting throughout the year, rather than only at year-end, tends to capture more opportunities as market volatility creates temporary dislocations.
One important nuance: tax-loss harvesting often creates a deferral rather than a permanent elimination of tax. If the replacement investment later appreciates, the investor may eventually realize taxable gains, though the deferral can still provide meaningful value over long time horizons.
Direct indexing is a portfolio construction approach in which the investor owns the individual securities that make up an index rather than holding an index fund or ETF. Because each stock is held individually, losses can be harvested at the security level—even in a rising market, some component stocks will be down at various points.
This approach can be especially relevant for investors with large taxable accounts who need to offset gains from other sources. It introduces additional complexity and generally works best at higher account sizes. A financial advisor can help evaluate whether it fits within your portfolio structure.
Asset location refers to which investments you hold in which account types—taxable, tax-deferred, or tax-exempt.
Asset location also interacts with other planning areas. Appreciated investments held in a taxable account may receive a step-up in basis at death, while traditional IRA assets do not. Charitable strategies like donating appreciated securities can only be applied to holdings in taxable accounts. And withdrawal sequencing in retirement depends in part on which account types hold which assets. These interactions are one reason asset location is best evaluated in context rather than as a standalone decision.
For investors with charitable goals, directing appreciated assets to charity can serve both philanthropic and tax planning objectives.
Investors with a significant share of their wealth in a single stock face a common tension: selling creates a large tax event, but continuing to hold concentrates risk. Several approaches may help address both sides.
Several timing-related strategies can affect the tax outcome in a given year.
These decisions are interconnected. A financial advisor can help model how gain recognition, withdrawals, and conversions interact across multiple years.
When an asset is inherited, the IRS resets its cost basis to fair market value on the date of the owner's death. This means the capital gains that accrued during the original owner's lifetime are effectively eliminated for the heir.
For example, stock purchased at $100,000 that grows to $1,000,000 by the owner's death would pass to the heir with a $1,000,000 basis. If the heir sells at $1,050,000, only the $50,000 of post-inheritance gain is taxable.
This has several planning implications:
A financial advisor can help evaluate how capital gains considerations fit alongside estate tax exposure, trust structures, and family goals.

Capital gains management for large portfolios typically requires coordination across investment decisions, tax strategy, charitable planning, and estate structures. EP Wealth's financial advisors work alongside our tax, financial, and estate planning teams to evaluate which strategies fit your circumstances and how they interact with one another.
If you'd like to discuss how capital gains considerations apply to your portfolio, contact EP Wealth to speak with an advisor.
DISCLOSURES
British expats in the US may face unexpected UK tax bills. Learn how HMRC's five-year rule, new dividend rules, and state taxes can impact your...
Tax-efficient withdrawal strategies can help high-net-worth families manage taxes, avoid Medicare surcharges, and support long-term legacy planning.
Learn how strategic trust planning and smart wealth transfer techniques can help families protect assets, lower estate taxes, and pass on more to...
Roth conversions may help reduce future taxes and shape legacy plans, but timing can be important. See the various factors that can affect whether...
A bonus or tax refund can feel like “extra” money, but the real opportunity is what you do next. From paying down high‑interest debt to strengthening...
Christopher Estrada
Our breadth of coverage across the U.S. means we’re local—here to serve your needs at your convenience.