Individual layer
⟳ Engine 1 · Revenue Capture · Individual layer · Lifetime cap on capital-gains preference

Lifetime cap on capital-gains preference

Favored long-term-gain rate continues for ordinary savers up to a $10M lifetime cap. Above the cap, gains pay the ordinary marginal rate. The retiree, the home-seller, and the small-business exiter keep the preference; the serial high-end realizer crosses the cap and converges to ordinary.

Revenue CaptureIndividual layerStructural layerReal-world cases
Individual layerFlat Payroll TaxCapital-gains convergenceProgressive rate ladderEstate Tax Prepayment PlanBuy-borrow-dieWage-to-capitalLifetime giftsFoundation transfersTax-exempt accumulationLike-kind exchangesOpportunity-zonePass-through gamesTransfer-rate arbitrageGenerational repatriation
Individual layer overview

The current code taxes labor reliably while allowing capital, wealth, perks, and inherited appreciation to escape or defer tax. The Accord taxes progressively by broadening the base, applying higher rates at the top, and pairing broad consumption taxation with monthly rebates and luxury surcharges.

Revenue at maturity
Pending canonical scoring — rolled into income tax aggregate
Capital-gains convergence is load-bearing for the wealth and estate architecture. Without it, the top of the income distribution can simply convert ordinary income into capital gain and pay the favored rate forever. Convergence above the $10M lifetime threshold makes that conversion uneconomic and lets the Estate Tax Prepayment Plan, basis-step-up elimination, and the estate tax actually collect revenue.
1 · What it fixes

Capital income outranks labor income. Wages are taxed graduated up to ~37% federal; long-term capital gains are capped at 23.8%. Over fifty years that gap has compounded into a one-way ratchet — labor pays graduated rates, capital pays a flat preference, and at the top of the wealth distribution capital is most of what is earned.

Two structural escape routes amplify the gap. The buy-borrow-die loop allows appreciation to escape income tax during life (borrow against unrealized gains rather than sell) and receive stepped-up basis at death — meaning decades of capital growth pay zero income tax in any year. And carried interest converts compensation for managing other people's money into a capital gain, paying the favored rate on what is economically wage labor.

2 · What the Accord does

The favored rate (23.8%) continues to apply to qualifying long-term gains up to a per-filer lifetime cap of $10M (the Capital Gains Allowance, "CGAL"). Above the lifetime cap, gains are taxed at the filer's ordinary marginal rate — meaning the convergence rate at the top is 55.0%, not 23.8%.

The cap is lifetime, not annual. A small saver who realizes a one-time gain — a home sale, a private business exit, a vested-equity windfall — keeps the favored rate. A serial high-end realizer eventually crosses the cap and pays ordinary marginal on every dollar thereafter. Death is a realization event: stepped-up basis is eliminated, and accumulated gains on transferred assets are taxed at the decedent's marginal rate. Carried interest is taxed as ordinary income, not capital gain.

Favored rate (below CGAL)
23.8% on qualifying long-term gains
Lifetime cap (CGAL)
$10M per filer (cumulative across decades and entities)
Above CGAL
Ordinary marginal rate (top tier 55%)
Stepped-up basis at death
Eliminated — death is a realization event
Carried interest
Ordinary income; no rate preference
3 · Who pays

Filers whose lifetime cumulative qualifying gains exceed $10M. Practically: the top fraction of the top 1%. Below the cap — every retiree, every small saver, every middle-class filer who sells a home or a small business — the favored rate applies as today.

4 · Who is protected

Ordinary long-term savers and retirement-account holders. The $10M lifetime cap is sized to fully cover a typical small-business sale, a typical home sale, and the realization of typical vested-equity windfalls. Inside qualified retirement accounts (401(k), IRA), the cap does not apply to inside-the-account gains; the cap counts only post-tax realizations after withdrawal.

Liquidity protections for illiquid-asset realizations at death are routed through the basis step-up elimination subpage (deferred realization at statutory interest, credited against estate tax).

5 · Revenue role

Pending canonical scoring — rolled into income tax aggregate.

Capital-gains convergence is load-bearing for the wealth and estate architecture. Without it, the top of the income distribution can simply convert ordinary income into capital gain and pay the favored rate forever. Convergence above the $10M lifetime threshold makes that conversion uneconomic and lets the Estate Tax Prepayment Plan, basis-step-up elimination, and the estate tax actually collect revenue.

See tax ladder · fiscal scoring

6 · Avoidance paths closed
Wage-to-capital recharacterization
Carried interest, founder-equity beyond a sweat-equity safe harbor, and partnership special allocations lacking economic substance flow back to ordinary income via the wage-to-capital subpage.
Realization timing
Death is a realization event — stepped-up basis is eliminated. Like-kind exchanges face cumulative caps. Buy-borrow-die's terminal step is closed.
Cumulative-cap fractionation
Qualifying gains aggregate across all entities the filer beneficially owns. Splitting holdings across LLCs, trusts, or family partnerships does not create multiple CGAL allowances.

The architecture closes the conversion routes that would otherwise let high-end income pay the favored rate forever.

7 · Interactions with other Accord systems
Progressive rate ladder
Above the $10M lifetime cap, capital gains pay the ladder rate — top tier 55%. Convergence IS the ladder applied to gains.
Comprehensive withholding base
Realizations enter the same source-collection disclosure as compensation. False statement is independently tax fraud.
Buy-borrow-die elimination
Death is a realization event; basis step-up is gone. Lifetime accumulating appreciation enters the cap-counter at transfer or sale.
Estate Tax Prepayment Plan
The estate tax prepayment prices accumulating unrealized appreciation annually above the wealth threshold. Convergence prices the realization. Together they remove the incentive to accumulate without realizing.
Estate tax
v10.3 estate brackets: 35% ($10–50M), 45% ($50–250M), 55% ($250M–$1B), 60% above $1B. Basis step-up is eliminated. The estate pays capital-gains tax on accumulated gains at death (up to 55% top), then estate tax on the post-tax wealth at transfer. Accession tax on the heir's lifetime receipts is layered on top (15/25/35/40%). Prepayment paid during life is credited dollar-for-dollar against estate-tax liability.

The convergence rate is the ladder rate. The four income-side streams are inseparable: the comprehensive base is what the rules apply to; the rate ladder is what convergence converges into; convergence is what makes ordinary rates apply to capital above the lifetime cap; the estate tax prepayment and basis-step-up elimination prepay and force the realizations that the cap then meters.

9 · Red-team
Strongest objection

Lifetime caps create lock-in: investors hold appreciated positions to avoid crossing the cap. Capital allocation distorts toward already-appreciated assets and away from new productive investment.

Mitigation

Lock-in pressure is bounded on three sides. The estate tax prepayment prices accumulating unrealized appreciation annually above the wealth threshold — holding the position is not free. Basis-step-up elimination forces realization at transfer or sale regardless of the cap — you cannot wait it out by dying. And the favored rate continues to apply below the cap, so the architecture preserves the standard portfolio-rotation incentive for ordinary investors. The architecture is deliberately layered: no single instrument carries the full anti-avoidance load.

10 · Open questions and v10.2 work

Honesty about gaps. The Accord's credibility comes partly from explicit acknowledgment of what is not yet specified. The items below are flagged for v10.2 specification or for outside expert review.

  • Cumulative tracking infrastructure: the $10M lifetime cap requires per-filer cumulative tracking across decades and across entities the filer beneficially owns. The IRS administrative architecture for this is not yet specified at v10.2 detail.
Canon and references: DNA Chapter 7 — Income Tax · DNA Chapter 9 — Wealth · Wealth calculator · Tax ladder · Fiscal scoring · Canonical parameters· Blueprint reference: Chapter 7
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Same category
Flat Payroll Tax (uncapped, on all compensation)
A single 28% rate applied to all compensation at source — wages, bonuses, equity, options, perks, platform income, service income — uncapped and substance-tested, replacing FICA.
Same category
Progressive ordinary-income rate ladder
13-bracket progressive structure topping at 55% on extraordinary income, applied to the comprehensive base. Brackets 1–7 unchanged from current law; new brackets 8–13 fill the previously-flat upper range.
Same category
Capital-gains tax at death
Death is a realization event. Stepped-up basis is eliminated. Decades of unrealized appreciation that today escape income tax forever — basis resetting to fair market value at the decedent's death — are taxed at the decedent's marginal rate before transfer to heirs.
Same category
Estate Tax Prepayment Plan
Annual installment on net worth above $10M individual (or $20M jointly held with filing testament), structured as estate-tax prepayment with liquidity protection for illiquid assets.
Close escape valves
Buy-borrow-die / basis step-up elimination
Death is a realization event. Decades of unrealized appreciation no longer escape the income-tax base via stepped-up basis at death.
Close escape valves
Wage-to-capital conversion
Carried interest, founder equity beyond a sweat-equity safe harbor, and partnership special allocations lacking economic substance flow back to ordinary income. Substance governs treatment.