See my response to Monyman3, Gate has made many investments in small start ups in the last ten years, he can exclude completely from taxes half the gains. As for the 5% on normal 5 years gains, I don't have any, so I have not looked at the details on limitations, I just read page D-1 in the 2003 tax forms which includes the next passage: Qualified 5 year Gain: The 8% maximum capital gains tax rate for qualified 5 year gains has been eliminated for sales and other dispositions after May 5, 2003. Instead, gain from these transactions will be taxed at the 5% maximum capital gain tax rates described above. At least this paragraph points to no restrictions.
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