Qualified dividends, as defined by the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
Internal Revenue Code
The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 2 ...
, are ordinary
dividends
A dividend is a distribution of profits by a corporation to its shareholders. When a corporation earns a profit or surplus, it is able to pay a portion of the profit as a dividend to shareholders. Any amount not distributed is taken to be re-i ...
that meet specific criteria to be taxed at the lower long-term
capital gains tax rate rather than at higher
tax rate
In a tax system, the tax rate is the ratio (usually expressed as a percentage) at which a business or person is taxed. There are several methods used to present a tax rate: statutory, average, marginal, and effective. These rates can also b ...
for an individual's
ordinary income. The rates on qualified dividends range from 0 to 23.8%. The category of qualified dividend (as opposed to an ordinary dividend) was created in the
Jobs and Growth Tax Relief Reconciliation Act of 2003 - previously, there was no distinction and all dividends were either untaxed or taxed together at the same rate.
To qualify for the qualified dividend rate, the payee must own the stock for a long enough time, generally 60 days for common stock and 90 days for preferred stock.
To qualify for the qualified dividend rate, the dividend must also be paid by a corporation in the U.S. or with certain ties to the U.S.
Requirements
To be taxed at the qualified dividend rate, the dividend must:
* be paid after December 31, 2002
* be paid by a U.S.
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
, by a corporation incorporated in a
U.S. possession
Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and tribal reservations as they are not so ...
, by a foreign corporation located in a country that is eligible for benefits under a U.S. tax treaty that meets certain criteria, or on a foreign corporation’s stock that can be readily traded on an established U.S.
stock market (e.g., an
American Depositary Receipt
An American depositary receipt (ADR, and sometimes spelled ''depository'') is a negotiable security that represents securities of a foreign company and allows that company's shares to trade in the U.S. financial markets.
Shares of many non-U.S ...
or ADR), and
* meet holding period requirements: You must have held the stock for more than 60 days during the 121-day period that begins 60 days before the
ex-dividend date. The ex-dividend date is the first date following the declaration of a dividend on which the buyer of a stock is not entitled to receive the next dividend payment. For calculation purposes, the number of days of ownership includes the day of disposition but not the day of acquisition.
In the case of preferred stock, you must have held the stock more than 90 days during the 181-day period that begins 90 days before the ex-dividend date if the dividends are due to periods totaling more than 366 days
For dividends that do not meet the above criteria, the tax is determined by the date when the dividend was paid and the individual's
ordinary income tax bracket
A rate schedule is a chart that helps United States taxpayers determine their federal income tax for a particular year.Samuel A. Donaldson, ''Federal Income Taxation of Individuals: Cases, Problems and Materials'', 2nd Edition (St. Paul: Thomson/W ...
.
Rates
Current rates
In addition, taxpayers are subject to the
net investment income tax if they earn more than $200,000 for singles and heads of household, $250,000 for married couples filing jointly and qualifying widowers with dependent children, and $125,000 for married couples filing separately, effectively creating 18.8% and 23.8% brackets.
After the
Tax Cuts and Jobs Act of 2017
The Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018, , is a congressional revenue act of the United States originally introduced in Congress as the Tax Cuts and Jobs A ...
(TCJA), the qualified dividend and long-term capital gain tax brackets are no longer based on current ordinary income brackets, but rather on pre-TCJA brackets.
2003-2017 rates
* 3.8%
Net investment income tax enacted in 2013. Se
IRS Form 8960
History
With the creation of the
personal federal income tax in 1913 until 1935, dividends in general were subject to the surtax of 1-6% that applied on incomes above $20,000, but not to the ordinary 1% income tax that applied to all incomes. With the
Revenue Act of 1936 through 1953, dividends were subject to all income taxation again at the individual level. From 1954 to 1984, a dividend income exemption was introduced that initially started at $50, and a 4% tax credit for dividends above the exemption. The tax credit was reduced to 2% for tax year 1964 and removed for 1965 and later. From 1985 to 2002, dividends were fully taxed under ordinary income rates, without any exemption.
The category of a qualified dividend was created with the
Jobs and Growth Tax Relief Reconciliation Act of 2003 ("JGTRRA"), that reduced all taxpayers' personal income tax rates and cut the tax rate on qualified dividends from the ordinary income tax rates to the lower long-term capital gains tax rates. At the same time the bill reduced the maximum long-term capital gains tax rate from 20% to 15% and established a 5% long-term capital gains tax rate for taxpayers in the 10% and 15% ordinary income tax brackets. The
Tax Increase Prevention and Reconciliation Act of 2005 ("TIPRA") prevented several tax provisions of the 2003 bill from sunsetting until 2010 and further lowered the tax rate on qualified dividends and long-term capital gains to 0% from 5% for low to middle income taxpayers in the 10% and 15% ordinary income tax bracket. The
extended for two additional years the changes enacted to the taxation of qualified dividends in the JGTRRA and TIPRA. The
American Taxpayer Relief Act of 2012
The American Taxpayer Relief Act of 2012 (ATRA) was enacted and passed by the United States Congress on January 1, 2013, and was signed into law by US President Barack Obama the next day. ATRA gave permanence to the lower rates of much of the "Bu ...
(signed on January 2, 2013) made qualified dividends a permanent part of the tax code but added a 20% rate on income in the new highest 39.6% tax bracket.
From 2003 to 2007, qualified dividends were taxed at 15% or 5% depending on the individual's ordinary income
tax bracket
Tax brackets are the divisions at which tax rates change in a progressive tax system (or an explicitly regressive tax system, though that is rarer). Essentially, tax brackets are the cutoff values for taxable income—income past a certain poin ...
, and from 2008 to 2012, the tax rate on qualified dividends was reduced to 0% for taxpayers in the 10% and 15% ordinary income tax brackets, and starting in 2013 the rates on qualified dividends are 0%, 15% and 20%. The 20% rate is for taxpayers in the 39.6% tax bracket.
See also
*
Form 1099
*
Dividend tax
References
{{DEFAULTSORT:Qualified Dividend
Internal Revenue Service
Personal taxes in the United States