Most long-term capital gains on stocks and real estate are taxed at 0%, 15%, or 20% depending on income. Gains on collectibles are different: they face a maximum 28% rate regardless of income - significantly higher than the 20% maximum on other assets for high earners. Knowing which assets are collectibles under the Code matters because the classification applies to some assets that investors do not think of as collectibles - including precious metals, certain coins, and shares in ETFs that hold physical precious metals.
Standard LTCG: Maximum 20% rate (plus 3.8% NIIT for high earners = 23.8% effective maximum).
Collectibles LTCG: Maximum 28% rate (plus 3.8% NIIT = 31.8% effective maximum for high earners). The 28% rate applies at income levels where the standard LTCG rate would be 20%.
Short-term: No special rate - collectibles held one year or less are ordinary income at marginal rates regardless of the 28% rule.
NIIT: The 3.8% net investment income tax applies to collectible gains for taxpayers above $200,000/$250,000 MAGI, same as all investment income.
IRC §1(h)(5) defines collectibles to include: works of art; rugs or antiques; metals or gems (including gold, silver, platinum, and precious stones); stamps or coins (with a narrow exception for certain US coins and bullion coins); alcoholic beverages; and any other tangible personal property specified by the IRS as a collectible. The list is broader than most people assume.
Key points: Gold and silver bullion are collectibles. Gold ETFs that hold physical gold are treated as collectibles (see below). Wine and spirits collections are collectibles. Fine art is a collectible regardless of value. Baseball cards are collectibles. Real estate is not a collectible (it has its own unrecaptured §1250 gain rate of up to 25%).
A gold ETF that holds physical gold bullion (such as SPDR Gold Shares, GLD, or iShares Gold Trust, IAU) is structured as a grantor trust. The IRS treats each share as a fractional ownership interest in the underlying gold. Because the underlying asset is a collectible (gold bullion), gains on the sale of ETF shares are taxed as collectible gains at the 28% maximum rate - not at the 20% LTCG rate that applies to equity securities. This classification surprises many investors who hold gold ETFs in taxable accounts and expect the standard capital gains rates to apply. Silver ETFs (SLV) have the same treatment. Platinum and palladium ETFs similarly.
Collectibles inherited from a decedent receive the same §1014 step-up in basis to fair market value at date of death as other property. A painting worth $500,000 at death passes to the heir with a $500,000 basis - all appreciation during the decedent's lifetime is permanently eliminated. If the heir sells immediately for $500,000, zero gain is recognized. If the heir holds and sells for $600,000 in a future year, the $100,000 of post-inheritance appreciation is a collectible gain taxed at the 28% maximum rate. The step-up applies regardless of whether the estate owed estate tax.
An IRA may not invest in collectibles under IRC §408(m). If an IRA acquires a collectible, the purchase is treated as a distribution from the IRA equal to the cost of the collectible in the year of acquisition - triggering ordinary income tax and the 10% early distribution penalty if applicable. The exception: certain gold, silver, platinum, and palladium coins and bullion meeting specific fineness standards issued by the US government (American Eagle coins) may be held in IRAs.