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By Rachel Tiede November 14, 2016
Back to Increase the capital gains and dividends taxes for higher-income taxpayers

Tax rate increased, but not for promised tax bracket

After promising to raise taxes on capital gains and dividends, President Barack Obama can say he accomplished it ... kind of.

Obama wanted to "increase capital gains and dividends taxes from 15 to 20 percent for those making more than $250,000 (couples) or $200,000 (single)."

In 2013, the tax rate for dividends and capital gains did move to 20 percent, but only for people making — at the time — $400,000 (individuals) or $450,000 (couples). This was something of a compromise between Congress and Obama.

Today, the 20 percent rate still only applies to those at the top of the tax bracket, so those making more than $415,050 (individuals) or $466,950 for couples.

In his 2015 State of the Union speech, Obama introduced an idea to raise the rate to 28 percent for couples making more than $500,000. He also called for a close to the "trust fund loophole."

The "trust fund loophole," refers to the way capital gains are not taxed after a person's death, and the value of the asset "steps up" for the heir.

For example, let's say you buy $100 worth of stock. After your death, your son inherits it, and the stock is now worth $400. If he ever sold the stock, he would only have to pay taxes on the gain made from that $400. The gain made off the original $100 would never be taxed.

Since Obama's 2015 speech, Congress has not passed any bills to close the "trust fund loophole" or raise the tax rate to 28 percent. Obama mentioned both of these ideas again in his 2017 budget.

To sum it up, the tax rate did increase to 20 percent, but not for the income range of $250,000 (couples) or $200,000 (singles). Also, Congress stiffed Obama's proposal to close the trust fund loophole. We rate this Compromise.

Our Sources

Email interview with Roberton "Bob" Williams, Sol Price Fellow at the Tax Policy Center, Nov. 2, 2016

PolitiFact, Obama wants higher tax rate on capital gains and tax rates, Jan. 20, 2015

FactCheck.org, Obama's Loophole Logic, Feb. 6, 2015

Charles Schwab, Taxes: What's New for 2016? Jan. 16, 2016

Office of Management and Budget, Budget of the U.S. Government: Fiscal Year 2017, accessed Nov. 2, 2016

CNN, How Obama would close the 'trust fund loophole,' Jan. 20, 2015

CNN, How much Obama would raise the capital gains rate, Jan. 20, 2015