Do capital gains count as income for social security

Capital gains and Social Security benefit taxes have a circular relationship. If your capital gains and income from other sources is low enough, your Social Security benefits may not be taxable. That, in turn, lowers your taxable income and can decrease the tax rate you pay on capital gains. On the other hand, large capital gains can cause your Social Security benefits to become taxable, which also may increase the amount you'll have to pay the IRS.

Tax on Capital Gains

Regardless of whether or not you receive Social Security benefits, the IRS levies taxes on capital gains. If your capital gains are short-term – meaning that you held the asset for less than a year before you sold it – they're taxed at ordinary income tax rates. For 2020, ordinary income tax rates range from ​10 percent to 37 percent​ depending on your taxable income.

If you held the asset for at least a year, your capital gains are taxed at more favorable long-term rates. Tax rates for long-term capital gains vary based on your tax bracket but max out at ​20 percent​. If you fall into the 10 percent or 15 percent ordinary tax rate, your long-term capital gain tax rate is zero percent, meaning those gains aren't taxed at all.Your taxable income is what determines the tax rate you'll pay on capital gains.

Tax on Social Security Benefits

Your Social Security benefits may or may not contribute to your taxable income. How much of your Social Security benefits are taxable depends on how much Social Security and other income you receive.

The IRS sets certain base income amounts for married and single couples. As an individual, if your income exceeds ​$34,000​, up to ​85 percent​ of your benefits may be taxable. If you are married and file a joint return, the base figure is ​$44,000.

If your base income – which is one half of your Social Security plus adjusted gross income and tax-exempt interest – is higher than the IRS base amount, some or all of your benefits will be taxed at ordinary income rates. This is more likely to happen if you're receiving capital gains and income from other sources. If this is the case, the taxable amount will increase your taxable income and could throw you into a higher tax bracket for capital gains.

Paying the Capital Gains Tax

Report your capital gains tax on your annual tax return along with income from all other sources. If capital gains tax is due, it will be included in the total tax owed for your return.

If you don't have enough taxes withheld during the year, and your capital gains are large enough, you may be obligated to pay estimated tax on a quarterly basis instead of annually. To find out if you need to make estimated tax payments on your capital gains, complete the worksheet in Form 1040-ES.

Summary

This topic provides information on:

  • assessable income - allowable deductions from gross income
  • estimate of deductions where no tax return is available
  • real estate - life interest in property
  • capital gains, and
  • GST costs.

Income from real estate is income obtained from renting property or land. It does NOT include income from boarders or lodgers.

Exception: If the person is residing in a care situation (1.1.C.25), and entered the care situation before 1 January 2017, AND

  • an accommodation charge (1.1.A.18) is payable, OR
  • a daily accommodation payment/daily accommodation charge (1.1.D.05) is payable, OR
  • they are paying some or all of an accommodation bond (1.1.A.15) by periodic instalments

then any rent received from the former home is exempted from the income test.

Note: For the purposes of the rental income exemption, a person is still considered to have entered aged care before 1 January 2017 following absences from aged care of up to 28 days. There is no time limit if the person is on leave from aged care.
If, after 1 January 2017, a person re-enters aged care after having been absent for more than 28 days (other than being on leave) they will not be able to access the rental income exemption.

Act reference: SSAct section 8(8)(zn) while a person is accruing …, section 8(8)(zna) while a person is liable …, section 8(8)(znaa) while a person is liable … daily accommodation …, section 8(10B) Paragraphs (8)(zn), (zna) and (znaa) do not apply …

Policy reference: SS Guide 4.3.2.30 Income exempt from assessment - legislated, 4.3.8.40 Income from boarders or lodgers

Assessable income - allowable deductions from gross income

Income from real estate for social security purposes is the same as that assessed for taxation purposes with some exceptions. The person's tax return and income TNA will provide evidence of the deductions claimed and allowed for tax purposes. Most common deductions will be necessary costs such as agent's fees, repairs, land and water rates.

If a loan was obtained to purchase the rental property, then those interest payments CAN be an allowable deduction for tax and social security purposes even if the mortgage is secured against another property, (e.g. the person's home).

Exception: If the purpose of the loan was to specifically purchase a home property, thus freeing up the original 'principal home' to become a rental property, the interest is NOT an allowable deduction for tax and social security purposes. This applies even if the mortgage is secured in full or part against the rental property. The reason being, the dominant purpose of the loan was to purchase a home to live in and not to purchase an investment property. For further information, please contact the ATO.

The following deductions are allowed for tax purposes but NOT allowed for social security purposes:

  • capital depreciation
  • special building write off
  • construction costs, AND
  • borrowing costs, for example, loan establishment fees.

For social security purposes:

  • if the net income is a negative amount, the income for social security purposes is nil, AND
  • losses from one property CANNOT be offset against income from another property.

Estimate of deductions where no tax return is available

If a tax return and/or a TNA are not available, deduction amounts will need to be estimated. The estimation method is ONLY to be used where there is no tax return or TNA.

This method should only be used in exceptional cases, such as when a property has been newly rented. As soon as the next tax return is available, the estimate should be discontinued in favour of figures derived from the tax return.

StepDescription
1 Deduct one third from the gross amount of rent received (this takes into account land tax, rates, insurance, repairs, etc).
2 Deduct any mortgage interest payments from this amount.

Exception: If the person provides evidence that expenses are MORE than one third of the gross amount of rent received, for example if extensive repairs were required to make the property habitable, then deduct the ACTUAL amount spent at Step 1 instead of one third of gross rent. Structural alterations or improvements to the property are NOT allowed as a deduction.

Real estate - life interest in property

If a person has a life interest in a property and the property is rented out the person may not have the right to receive the rent. Check the terms of the bequest to establish if the person is entitled to receive the rent and whether or not they are required to maintain the property.

Explanation: Under the terms of the will the person may only be entitled to live in the property.

There is no requirement that a person use their property to produce income. If no money is received from a property, then NO income is taken into account. Although no income is taken into account under the income test, assets test rules still apply.

Capital gains

Sale of real estate may result in a capital gain. A capital gain is NOT treated as income for social security income support purposes. If a capital loss is made it CANNOT be offset against other income amounts.

GST costs

People who receive income from residential rental properties cannot charge GST and cannot claim input tax credits for items for the rental property.

This means GST costs incurred in earning the rental income ARE allowable deductions for social security purposes.

Example: If the person uses a property manager, the management fees will include GST. The full management fee (including GST) IS an allowable deduction.

The fact that a landlord may have an ABN does not necessarily mean that they are running a business. In some situations, real estate agents have advised landlords to obtain ABNs in case they are needed.

Example: Where the rent on the residential property is paid by a company, the landlord may need an ABN to avoid the company withholding part of the rental payment as tax.

Act reference: SSAct section 11A(1) Principal home, section 1075(3) If a person's ordinary income for a period includes rental income …

Policy reference: SS Guide 4.7.5 A New Tax System (including GST) from 1 July 2000, 4.7.5.30 Business Requirements & Fringe Benefits, 4.3.8 Income from property

Last reviewed: 15 August 2022

Are capital gains considered income?

Capital gains are generally included in taxable income, but in most cases, are taxed at a lower rate. A capital gain is realized when a capital asset is sold or exchanged at a price higher than its basis.

Does selling stock affect Social Security benefits?

Social Security does not invest any of its funds in the stock market, so stock price fluctuations do not directly impact benefits. A booming stock market might increase your personal retirement portfolio's earnings and make your Social Security benefits taxable, thus reducing them.

What counts towards Social Security income?

Only earned income, your wages, or net income from self-employment is covered by Social Security. If money was withheld from your wages for “Social Security” or “FICA,” your wages are covered by Social Security.