
Taxes on ETFs can be confusing, but understanding the basics can help you make informed decisions about your investments. You'll be taxed on the capital gains of your ETFs, which is the profit you make from selling a fund for more than you bought it for.
The tax rate on ETFs depends on how long you hold them. If you hold them for less than a year, you'll be taxed at your ordinary income tax rate. This can be as high as 37% for the top tax bracket.
Long-term capital gains, on the other hand, are taxed at a lower rate if you hold the ETF for more than a year. This can be as low as 0% for investors in the 10% and 12% tax brackets.
As a general rule, it's a good idea to hold onto your ETFs for at least a year to minimize your tax liability. This can help you save money on taxes and keep more of your hard-earned money.
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ETF Basics
ETFs are often touted as having better tax treatment than mutual funds due to their structure.
They create and redeem shares using in-kind transactions, which aren't considered sales and therefore don't trigger taxable events. This is thanks to a section of the U.S. Internal Revenue Code of 1986, Section 852(b)(6), which exempts the distribution of capital gains when the shares whose values appreciated are given in kind to redeeming investors.
Selling your shares in an ETF is a taxable event, just like with any other investment.
To qualify for long-term capital gains, you need to hold an ETF for more than a year, otherwise it's considered a short-term gain which typically results in a higher tax rate.
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Taxation and Regulations
Taxes on ETFs are structured in a way that's more favorable than mutual funds. This is due to a specific section of the U.S. Internal Revenue Code of 1986, Section 852(b)(6), which exempts the distribution of capital gains when in-kind transactions occur.
Selling your shares in an ETF is a taxable event, with the tax implications depending on how long you've held the shares. In the U.S., you need to hold an ETF for more than a year to benefit from any sale being treated as long-term capital gains.
This means that if you hold your ETF shares for a year or less, the sale will be considered a short-term gain, which typically results in a higher tax rate.
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ETFs
ETFs are structured to have better tax treatment than mutual funds, thanks to their in-kind transactions that don't trigger taxable events.
This is due to Section 852(b)(6) of the U.S. Internal Revenue Code of 1986, which exempts the distribution of capital gains when shares are given in kind to redeeming investors.
However, selling your ETF shares is a taxable event, and the tax implications depend on how long you've held the shares.
You need to hold an ETF for more than a year to benefit from any sale being treated as long-term capital gains, which typically results in a lower tax rate.
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If you hold it for a year or less, it's considered a short-term gain, which typically results in a higher tax rate.
Certain international ETFs, particularly emerging market ETFs, can be less tax efficient than domestic and developed market ETFs.
This is because many emerging markets are restricted from performing in-kind deliveries of securities, forcing the ETF to sell securities to raise cash for redemptions.
Leveraged and inverse ETFs are also relatively tax-inefficient vehicles, often resulting in significant capital gain distributions on both the long and the short funds.
Commodity ETPs have a similar tax treatment to leverage/inverse ETFs, due to their use of derivatives and the 60/40 tax treatment.
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K-1s and the 60/40 Rule
Commodity ETFs that use futures are structured as limited partnerships, which means they report income on Schedule K-1 instead of Form 1099. This can be more complex to handle on a tax return.
K-1s usually arrive after most 1099s, making it harder to plan your taxes.
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You may also need to worry about incurring unrelated business taxable income (UBTI) from your limited partnership investments, even if you hold the ETF within a traditional IRA. The IRS Publication 598 has more information on this.
The 60/40 rule applies to commodity ETFs, stating that any gains or losses realized by selling these investments are treated as 60% long-term gains and 40% short-term gains. This happens regardless of how long you've held the ETF.
The blended rate can be an advantage for short-term investors, as 60% of gains receive the lower long-term rate, but a disadvantage for long-term investors, as 40% of gains are always taxed at the higher short-term rate.
The ETF must "mark to market" its outstanding futures contracts at the end of the year, treating them as if the fund had sold those contracts.
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Investment Strategies
Tax-loss harvesting is a powerful strategy for managing your tax liability. By selling investments at a loss, you can offset gains from other investments, reducing your tax bill.
You can also use ETFs to your advantage by selling a current ETF and buying another with a similar but different index, allowing you to take the loss for tax purposes while still maintaining exposure to the favorable sector.
Closing out positions with losses before their one-year anniversary is another smart move, as it ensures that your gains receive long-term capital gains treatment, lowering your tax liability.
Strategies vs. Avoidance
Tax Strategies vs. Avoidance is a crucial aspect of investment planning. Investors are constantly looking for ways to minimize their tax liabilities.
A recent study found that traders often use ETFs to get around the federal law against wash sales. This is a common tactic to artificially book a loss without taking any real risk in the market.
ETFs lend themselves to helpful tax-planning strategies, especially if you have a portfolio that blends stocks and ETFs. Closing out positions with losses before their one-year anniversary can help lower your tax liability.

Selling an ETF in a sector that's performing poorly can be a tax-efficient move. This way, you can take the loss on the original ETF for tax purposes while still maintaining exposure to the sector.
Tax-loss harvesting is a strategy where you sell investments at a loss to offset gains from other investments. This can help minimize your tax liability and optimize your investment portfolio.
In-kind share creation and redemption can eliminate or significantly reduce costs compared to trading the underlying securities. This is a key benefit of ETFs over mutual funds.
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Choosing Between Accounts
Consider your present and anticipated income when deciding between taxable and tax-advantaged accounts.
Tax-advantaged accounts like IRAs and 401(k)s offer tax benefits that can help investments grow more effectively over time.
Taxable accounts provide more flexibility with access to funds, but they don't offer the same tax benefits as tax-advantaged accounts.
Balancing both types of accounts can be a prudent strategy to manage your taxes more efficiently.
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Mutual Fund Distribution Patterns
A staggering 47% of active equity mutual funds pay out capital gains, compared to just over 2% of active equity ETFs.
The distribution patterns of mutual funds are concerning, especially for those who prioritize tax efficiency in their investment strategy.
Only 0.3% of active fixed-income ETFs pay capital gains, while 2% of active fixed-income mutual funds do.
This disparity highlights the importance of considering tax implications when choosing between mutual funds and ETFs.
Historical data shows that the percentage of funds distributing capital gains in equity ETFs is significantly lower than mutual funds in all categories.
This means that ETFs tend to have lower capital gains distributions, which can be beneficial for investors looking to minimize tax liabilities.
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Tax Implications
ETFs are often said to have better tax treatment than mutual funds because of their structure. They create and redeem shares using in-kind transactions, which aren't considered sales and, therefore, don't trigger taxable events.
The tax rates on long-term capital gains are 0%, 15%, and 20%, based on your taxable income. You might have to pay an additional 3.8% depending on your modified adjusted gross income (AGI).
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If you hold an ETF for more than a year, you'll pay up to 20% in long-term capital gains tax. Individuals with substantial investment income may also pay an additional 3.8% net investment income (NII) tax.
ETF dividends are taxed according to how long the investor has owned the ETF fund. If the investor has held the fund for more than 60 days before the dividend was issued, the dividend is considered a “qualified dividend” and is taxed anywhere from 0% to 20% depending on the investor’s income tax rate.
Dividends and interest payments from ETFs are taxed like income from the underlying stocks or bonds they hold. For U.S. taxpayers, this income needs to be reported on Form 1099-DIV.
Investors should compare the tax efficiency of different investments, such as ETFs, mutual funds, or individual stocks, and aim to minimize trading that can trigger taxable events.
Tax-loss harvesting, where you sell investments at a loss to offset gains from other investments, can be an effective strategy to manage your tax liabilities.
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Investment Vehicles
ETFs owe their reputation for tax efficiency to passively managed equity ETFs, which can hold anywhere from a few dozen stocks to more than 9,000.
A study by Villanova and University of Pennsylvania found that ETFs have an overall average annual after-tax advantage of 0.92%, which may seem small but can add up over time.
ETFs are generally more tax-efficient than mutual funds because they tend not to distribute capital gains, unlike mutual funds which can trigger taxable events due to frequent buying and selling of securities.
Equity and Bond
Equity ETFs are generally more tax-efficient than mutual funds because they tend not to distribute a lot of capital gains. This is largely due to their passive management style, which involves rebalancing holdings only when the underlying index changes its constituent stocks.
Passively managed equity ETFs can hold anywhere from a few dozen stocks to over 9,000, making them a popular choice for investors. ETF managers also have options for reducing capital gains when creating or redeeming ETF shares.
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Dividend-paying stocks held by equity ETFs will ultimately distribute earnings to shareholders, usually once a year, and are taxed as ordinary income. Qualified dividends may be taxed at lower capital gains rates if certain conditions are met.
Interest distributed to shareholders by bond ETFs, often monthly, is also taxed as ordinary income.
Across Investment Vehicles
American Century Investments found that ETFs, both active and passive, are the most tax-efficient investment vehicles. This is a significant advantage, as it can lead to higher after-tax returns.
A study by Villanova and University of Pennsylvania found that ETFs have an overall average annual after-tax advantage of 0.92%. This may not seem like much, but it can add up over time, especially for high-net-worth investors.
Research by Derek Horstmeyer showed that passively managed ETFs have an annual average tax burden of 0.37%, compared to 0.84% for mutual funds. This means that ETFs provide an extra 0.47% post-tax performance compared to their mutual fund counterparts.
Here's a breakdown of the tax efficiency of different investment vehicles:
The tax benefits of ETFs are due to their structure, which minimizes capital gains taxes until shares are sold. This allows investors to defer annual capital gains and potentially compound their investments at a higher rate.
Tax-loss harvesting and strategically holding investments in accounts with favorable tax treatments can also help manage tax liabilities. However, it's essential to compare the tax efficiency of different investments and aim to minimize trading that can trigger taxable events.
Market and Performance
The stock market has been on a record-setting run, and investors are facing hefty tax bills as a result.
Nvidia has gained 83% over the past year, and Microsoft has jumped 31% in the same period, as of July 15.
Big Tech stocks now comprise one-third of the S&P 500, according to S&P Global.
This concentration of Big Tech stocks can leave investors with a large tax bill if they try to sell down their positions.
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The Astoria U.S. Enhanced Core Equity ETF (LCOR) aims to ease this tax burden with a tax-mitigation strategy called a Section 351 exchange.
By transferring assets to a newly created ETF, investors may be able to reallocate their positions without triggering capital gains taxes.
The idea behind a 351 fund is that it helps investors who have a lot of stocks that are stuck from a tax perspective because they're up so much.
Cryptocurrency and Other Assets
Crypto ETFs have the same tax rules as spot commodity ETFs if they hold actual cryptocurrency and are structured as grantor trusts. This means distributions from staking rewards or airdrops may be treated as ordinary income and taxed at the investor's ordinary income tax rate.
Investors should note that the tax treatment may vary depending on their jurisdiction and the ETF's structure. Crypto ETFs invested in futures contracts are subject to the 60/40 rule, which splits gains or losses into 60% long-term and 40% short-term capital gains or losses, regardless of the actual holding period.
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Crypto
Crypto ETFs are subject to specific tax rules, depending on their structure. If a Crypto ETF holds actual cryptocurrency as a grantor trust, it's taxed similarly to spot commodity ETFs.
Spot crypto ETFs are taxed on distributions from staking rewards or airdrops as ordinary income. This means you'll pay your usual tax rate on these distributions.
Crypto ETFs invested in futures contracts, on the other hand, follow the 60/40 rule. This rule treats 60% of gains or losses as long-term capital gains or losses, and the remaining 40% as short-term gains or losses.
The specific tax treatment for Crypto ETFs can vary based on your jurisdiction and the ETF's structure. It's essential to consider these factors when investing in Crypto ETFs.
Crypto ETFs are a relatively new investment option, and tax laws surrounding them may change over time.
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Data and Statistics
ETFs use a creation and redemption process that involves in-kind transactions, allowing them to avoid triggering capital gains taxes until investors sell their ETF shares.
The overall average annual after-tax advantage of ETFs is 0.92%, according to a Villanova and University of Pennsylvania study.
ETFs provide an extra 0.20% post-tax performance compared with their mutual fund counterparts, as found by Derek Horstmeyer, a professor of finance at George Mason University.
The differences in tax efficiency varied across asset classes, ranging from 0.33% for international equity funds to 0.03% for fixed-income funds.
Data for U.S. large-cap ETFs and mutual funds showed annualized 10-year returns of 10.11% and 9.95%, respectively, resulting in about $3,700 less for investors who put $100,000 in a mutual fund over a decade.
The tax burden of a passively managed ETF is 0.37% compared to 0.84% for a mutual fund, based on data from the 1990s to 2017.
Conclusion and Takeaways
ETFs can be complex when it comes to taxes, but understanding the rules can help you make informed decisions.
Profits from the sale of ETFs held for under a year are taxed as short-term capital gains, whereas those held for longer are considered long-term gains and given a lower rate.
To avoid the wash sale rule, which disallows offsetting other capital gains, it's essential to wait at least 30 days before buying the same ETF again after selling it.
High earners should be aware that they're subject to the 3.8% net investment income tax on ETF sales.
If an ETF purchase is underwater when you approach the one-year mark, selling it as a short-term capital loss might be a viable option.
Here's a quick summary of the key tax rules to keep in mind:
- Short-term capital gains (less than 1 year): Taxed as ordinary income
- Long-term capital gains (over 1 year): Taxed at a lower rate
- Wash sale rule: Avoid buying the same ETF within 30 days of selling it
- Net investment income tax: 3.8% for high earners
Frequently Asked Questions
How to avoid 15% withholding tax?
To avoid 15% withholding tax on US dividends, hold them in a Registered Retirement Savings Plan (RRSP) account. This way, you can receive the dividends tax-free.
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