No.
5% is the MINIMUM capital gains rate.
Capital gains are taxed at 5% or 15% depending on the underlying tax bracket, and SOME very particular types of capital gains are taxed at 25% which is in fact the maximum capital gains rate.
If you tell us what the gain is from, we can tell you whether or not it is subject to maximum rates or not.
You could have alleviated all this back and forth posting if you would have just given us all the details of your question/situation in the beginning.
Snipes