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Capital Gains Inflation Relief Act of 2021

12/30/2022, 8:03 AM

Summary of Bill HR 5838

Bill 117 HR 5838, also known as the Capital Gains Inflation Relief Act of 2021, aims to provide relief to taxpayers by adjusting the calculation of capital gains taxes for inflation. The bill proposes to index the cost basis of assets for inflation, which would result in lower capital gains taxes for individuals when they sell assets that have appreciated in value over time.

The main goal of this legislation is to provide tax relief to individuals who have invested in assets such as stocks, real estate, or other investments that have increased in value over time. By adjusting the cost basis of these assets for inflation, taxpayers would pay taxes only on the real gains they have made, rather than on gains that are simply due to inflation.

Supporters of the bill argue that this change would encourage investment and economic growth by reducing the tax burden on individuals who choose to invest in long-term assets. They also believe that it would simplify the tax code and make it fairer for all taxpayers. Opponents of the bill, however, argue that it would primarily benefit wealthy individuals who hold a significant amount of assets, while doing little to help lower-income individuals. They also raise concerns about the potential loss of tax revenue that could result from this change. Overall, the Capital Gains Inflation Relief Act of 2021 is a controversial piece of legislation that seeks to provide tax relief to investors by adjusting the calculation of capital gains taxes for inflation. Its impact on the economy and tax revenue remains to be seen as the bill makes its way through the legislative process.

Congressional Summary of HR 5838

Capital Gains Inflation Relief Act of 2021

This bill allows the adjusted basis of certain assets (including any common stock in a C corporation, any digital asset, and tangible property used in a trade or business) to be indexed for inflation for the purpose of determining the gain or loss of a taxpayer (other than a corporation) who has held the asset for more than three years.

The bill sets forth rules for applying the inflation adjustment to

  • short sales;
  • regulated investment companies;
  • real estate investment trusts;
  • other pass-through entities, including partnerships, S corporations, and common trust funds;
  • dispositions between related persons; and
  • improvements to property or contributions of capital.

The Internal Revenue Service may disallow an adjustment if any person transfers cash, debt, or any other property to another person for the principal purpose of securing or increasing the adjustment allowed by this bill.

Current Status of Bill HR 5838

Bill HR 5838 is currently in the status of Bill Introduced since November 3, 2021. Bill HR 5838 was introduced during Congress 117 and was introduced to the House on November 3, 2021.  Bill HR 5838's most recent activity was Referred to the House Committee on Ways and Means. as of November 3, 2021

Bipartisan Support of Bill HR 5838

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
2
Democrat Cosponsors
0
Republican Cosponsors
2
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 5838

Primary Policy Focus

Taxation

Potential Impact Areas

- Bank accounts, deposits, capital
- Capital gains tax
- Digital media
- Economic performance and conditions
- Financial services and investments
- Inflation and prices
- Property tax
- Real estate business
- Securities
- Tax administration and collection, taxpayers
- Taxation of foreign income

Alternate Title(s) of Bill HR 5838

Capital Gains Inflation Relief Act of 2021
Capital Gains Inflation Relief Act of 2021
To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss.

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