Skip To Content

Could a Capital Gains Tax Hike Affect Your Investments?

The proposed increase might not apply to everyone, but the broader market could be impacted. Now may be the time to review your portfolio, says our Chief Investment Office.


May 28, 2021


SOME AFFLUENT AMERICANS could soon be paying higher capital gains taxes on the investments they sell. These taxes—levied on the increase in value of an asset—kick in whenever you sell a stock and realize a gain. A proposal under consideration by the new administration would nearly double the top capital gains tax rate, from 20% to 39.6%, for individuals with more than $1 million in annual income. With the already existing 3.8% Affordable Care Act surcharge on net investment income, that would come to a rate of 43.4% on investment gains for those with incomes over $1 million.


Congress may not ultimately pass the full proposed capital gains tax increase, says Mitchell Drossman, head of National Wealth Strategies in the Chief Investment Office (CIO) for Merrill and Bank of America Private Bank. Yet some increase is likely, he adds. “Now’s the time for investors to consider the potential portfolio and overall capital markets effect.”


Mitchell Drossman headshot
“Now’s the time for investors to consider the potential portfolio and overall capital markets effect” of higher taxes.

—Mitchell Drossman, head of National Wealth Strategies, Chief Investment Office, Merrill and Bank of America Private Bank

Here, Drossman and others from the Chief Investment Office answer questions top of mind for investors about the proposed tax increase and offer some strategies for them to consider. Learn more by reading “The Potential Investment Impacts of Rising Individual Taxes,” a new report from the CIO.


How high could the capital gains rate go, and when might the change take effect?

Though no date has been set, a bill could come later this year, Drossman says. “The consensus is that Congress will pass a scaled-back version of the administration’s proposal,” he adds. “The likely range appears to be between 28% and 30%, plus the 3.8% surcharge.” Assuming a bill is signed in 2021, an increase might take effect on the first day of 2022. But it could happen sooner, Drossman strongly notes. While the administration has indicated it prefers the bill not be retroactive for all of 2021, Congress could peg an increase to the date when it is introduced or enacted. 

How could markets respond?

“Based on past capital gains increases, in 2012 and in 1986, we would expect a sharp but temporary wave of selling by investors seeking to lock in gains before new rates take effect,” says Joe Quinlan, head of CIO Market Strategy, Chief Investment Office for Merrill and Bank of America Private Bank. “In both previous cases, momentum stocks—those that had been rising fastest and generating the highest gains—suffered the most.”


Joe Quinlan headshot
“We would expect a sharp but temporary wave of selling by investors seeking to lock in gains before new rates take effect.”

—Joe Quinlan, head of CIO Market Strategy, Chief Investment Office for Merrill and Bank of America Private Bank


Yet any negative impact on markets would likely be brief, especially with the overall economy doing well, Quinlan adds. “History shows that markets respond much more closely to trends such as corporate earnings growth and momentum, the cost of capital and real economic growth.” For example, “when capital gains rates rose by 9% in 2012, the S&P 500 index returned nearly 30% the following year,” he notes.


What portfolio adjustments could equity and fixed-income investors consider?

Start by reviewing your current holdings, suggests Joe Curtin, head of Portfolio Management for the Chief Investment Office, Merrill and Bank of America Private Bank. If your investments include a fair amount of assets that have grown in value, speak with your tax and investment advisors about possible portfolio adjustments, he suggests. For the taxable part of your portfolio, you might consider index-based mutual funds and exchange-traded funds (ETFs), which sell assets infrequently and hence may potentially generate lower capital gains taxes than other funds. “ETFs offer the added advantage of enabling investors to harvest losses at any time, potentially offsetting capital gains,” Curtin says.


Retirement accounts such as 401(k)s and IRAs are generally not subject to capital gains taxes (rather, for traditional 401(k)s and IRAs, withdrawals at retirement may be taxed at your ordinary income rate). Thus, those could potentially be a more appropriate place for investments with higher turnover, he adds. The same thinking applies when you periodically rebalance your portfolio, selling some assets and buying others to stay in line with your long-term goals. If capital gains taxes rise, you may want to concentrate your rebalancing in your retirement accounts, since you won’t be subject to capital gains for selling appreciated assets.


“For bond investors, a capital gains tax increase will likely have only a limited effect,” Curtin adds. While selling bonds can generate capital gains taxes, many investors buy and hold them for income. “Thus, a change in the ordinary income tax rates would be of more concern,” Curtin says. At a time of higher taxes, municipal bonds, if appropriate, could help you manage your overall tax exposure, because they are generally free from federal and state income taxes, he adds. 

Joe Curtin headshot
“For bond investors, a capital gains tax increase will likely have only a limited effect.”

—Joe Curtin, head of Portfolio Management, Chief Investment Office, Merrill and Bank of America Private Bank


Should investors consider selling appreciated assets now, before rates rise?

While selling now locks in gains at the current tax rate, the potential drawback is missing out on potential future returns on the funds used to pay taxes on those gains. “The ‘sell now or later’ decision is unique to each investor,” Drossman says. “The two big considerations are your anticipated returns and your investment horizon.” If you’re only planning to hold an asset for a short time, selling before rates rise could make sense. But if your horizon is longer and the asset seems promising, holding on could possibly generate returns that outpace a potential tax increase.


A rate increase isn’t the only factor to consider when determining your capital gains tax strategy, Drossman adds. “If your income is unusually high in a given year, you might want to delay selling assets and generating capital gains taxes until a year when your income is lower,” he says. This and other tax-bracket management considerations could go a long way in helping you manage any jump in capital gains rates pegged to a specific income threshold. If charitable giving is a priority, you could help mitigate some capital gains taxes by gifting appreciated securities directly to a charity, rather than selling the securities, paying capital gains and gifting cash.


Consult your advisor and tax specialist before making any decisions, Drossman says. And keep in mind that tax rates, while important, shouldn’t define your investments. “Whichever way taxes go, the important thing is to maintain a balanced portfolio designed to meet your personal goals, time horizon, liquidity needs and risk tolerance.”

Connect with an advisor and start a conversation about your goals.
9am - 9pm Eastern, Monday - Friday
Have questions for your financial advisors?
Connect with to continue the conversation

Important Disclosures


Opinions are as of the date of this article and are subject to change.

Investing involves risk including possible loss of principal. Past performance is no guarantee of future results.


Bank of America, Merrill, their affiliates, and advisors do not provide legal, tax, or accounting advice. Clients should consult their legal and/or tax advisors before making any financial decisions.


All recommendations must be considered in the context of an individual investor’s goals, time horizon, liquidity needs and risk tolerance. Not all recommendations will be in the best interest of all investors.


Asset allocation, diversification and rebalancing do not ensure a profit or protect against loss in declining markets.


Equity securities are subject to stock market fluctuations that occur in response to economic and business developments.


Bonds are subject to interest rate, inflation and credit risks.


Income from investing in municipal bonds is generally exempt from Federal and state taxes for residents of the issuing state. While the interest income is tax-exempt, any capital gains distributed are taxable to the investor. Income for some investors may be subject to the Federal Alternative Minimum Tax (AMT).


Exchange Traded Funds are subject to risks similar to those of stocks. Investment returns may fluctuate and are subject to market volatility, so that an investor’s shares, when redeemed or sold, may be worth more or less than their original cost.


Mutual funds are subject to investment risks, including possible loss of the principal amount invested. Investment return and principal value will fluctuate so that an investor’s shares, when redeemed, may be worth more or less than their original cost. For a discussion of the risks specific to a particular mutual fund, please refer to the fund’s prospectus.


The Chief Investment Office (CIO) provides thought leadership on wealth management, investment strategy and global markets; portfolio management solutions; due diligence; and solutions oversight and data analytics. CIO viewpoints are developed for Bank of America Private Bank, a division of Bank of America, N.A., (“Bank of America”) and Merrill Lynch, Pierce, Fenner & Smith Incorporated (“MLPF&S” or “Merrill”), a registered broker-dealer, registered investment adviser and a wholly owned subsidiary of Bank of America Corporation (“BofA Corp.").


Find a financial advisor


How we work

Explore how you work with a Merrill Lynch Financial Advisor

Explore your goals

This is all about you, from what you hope to achieve to what keeps you up at night.

Have an advisor contact you

You have 8000 character(s) left

[{"fieldname":"firstname","isRequired":true,"maxlength":"10","uilabel":"First Name*","showalwayslabel":false,"errmsg":"Please enter a valid First Name!","customcss":"","ruletype":"freetext","custreg":"","fieldoption":"","analyticclass":"","fieldtype":"textbox","isgroup":false,"groupname":"","groupheadvalue":"","grouphead":false,"hidethisfield":false},{"fieldname":"lastname","isRequired":true,"maxlength":"19","uilabel":"Last Name*","showalwayslabel":false,"errmsg":"Please enter a valid Last Name!","customcss":"","ruletype":"freetext","custreg":"","fieldoption":"","analyticclass":"","fieldtype":"textbox","isgroup":false,"groupname":"","groupheadvalue":"","grouphead":false,"hidethisfield":false},{"fieldname":"emailaddress","isRequired":true,"maxlength":"50","uilabel":"Email address*","showalwayslabel":false,"errmsg":"Please enter a valid Email Address!","customcss":"","ruletype":"email","custreg":"","fieldoption":"","analyticclass":"","fieldtype":"textbox","isgroup":false,"groupname":"","groupheadvalue":"","grouphead":false,"hidethisfield":false},{"fieldname":"confirmemailaddress","isRequired":false,"maxlength":"50","uilabel":"Confirm Email*","showalwayslabel":false,"errmsg":"E-mail does not match","customcss":"","ruletype":"email","custreg":"","fieldoption":"","analyticclass":"","fieldtype":"textbox","isgroup":false,"groupname":"","groupheadvalue":"","grouphead":false,"hidethisfield":false},{"fieldname":"businessphone","isRequired":true,"maxlength":"10","uilabel":"Phone Number*","showalwayslabel":false,"errmsg":"Not a valid 10-digit phone number (No spaces or special characters)","customcss":"","ruletype":"number","custreg":"","fieldoption":"","analyticclass":"","fieldtype":"textbox","isgroup":false,"groupname":"","groupheadvalue":"","grouphead":false,"hidethisfield":false},{"fieldname":"zipcode","isRequired":true,"maxlength":"5","uilabel":"U.S. Zip Code*","showalwayslabel":false,"errmsg":"Please enter valid Zip Code!","customcss":"","ruletype":"zip5","custreg":"","fieldoption":"","analyticclass":"","fieldtype":"textbox","isgroup":false,"groupname":"","groupheadvalue":"","grouphead":false,"hidethisfield":false},{"fieldname":"comment","isRequired":false,"maxlength":"8000","uilabel":"Comment or Email Message","showalwayslabel":false,"errmsg":"Please enter comment!","customcss":"","ruletype":"freetext","custreg":"","fieldoption":"","analyticclass":"","fieldtype":"textarea","isgroup":false,"groupname":"","groupheadvalue":"","grouphead":false,"hidethisfield":true}] comment
By providing your contact information above, you agree that a representative of Merrill, the Brokerage affiliate of Bank of America Corporation, may contact you via telephone and/or email to discuss and/or offer investment products and services that may be appropriate for you. You agree that you are providing to us your consent for us to contact you regardless of any Do Not Call or Do Not Email privacy choices you may have previously expressed until you revoke this consent, or up to 90 days. You may revoke your consent at any time by notifying the Merrill representative.

You need to answer some questions first

Then we can provide you with relevant answers.

Get started