How to Avoid Capital Gains When Selling a House (2024)

While you'll be pleased if your real estate agent has helped you get a great price for your home, you could find you have more taxes to deal with. If your home has increased in value significantly, there could be real estate capital gains taxes to pay.

With the way real estate market values have exploded across the country over the last few years, it is certainly a possibility. Many homeowners are sitting on a significant amount of equity they didn't have just a few short years ago.

While on the one hand that is fantastic, taking money out of your pocket to pay taxes is never a good thing.

No one really likes paying taxes, so you'll be glad to know there are some ways to avoid the taxes selling a home can attract. It is vital to understand the capital gains tax on real estate when selling a house. The Maximum Real Estate Exposure article will give you a comprehensive overview of how capital gains taxes work.

What is Capital Gains Tax on Real Estate?

If you have made a profit when you sell your house or other assets, the IRS or state tax agencies will want their share. Capital gains tax can apply to any asset or investment you own, and if it has gone up in value, you could owe taxes.

Real Estate capital gains are just that - taxes on real estate profits.

How to Avoid Real Estate Capital Gains Taxes

Fortunately, the IRS gives you some ways to avoid paying capital gains. If you are single, you can exclude $250,000 from your gains when you sell your home. And if you're married, you can exclude $500,000.

This could cut your capital gains taxes when selling a home by a large amount or even completely. For example, if you purchased your home years ago for $250,000, and it's now worth $700,000, you might not owe anything to the IRS if you are married. But if you are single, you could find yourself paying taxes on $200,000.

When Does the Capital Gains Exclusion Not Apply?

There are quite a few situations when your $250,000 or $500,000 exclusion won't help reduce your tax bill:

  • If the property wasn't your main residence, the exclusion doesn't apply.
  • The exclusion will not apply when you haven't either lived in or owned the home for 2 of the previous 5 years.
  • If you have already made use of the exclusion, you need to wait 2 years before claiming it again.
  • If you gain the property through some kind of exchange, perhaps switching it with a different type of investment, you can't claim if it happened in the last 5 years.
  • If you have to pay expatriate tax, you won't get an exclusion on capital gains.

If You Do Have to Pay Taxes Selling a Home, How Much?

If you don't qualify for an exclusion or cover all of your gains, you could pay two different possible tax rates.

The short-term capital gains rate will apply if you have owned the home for less than a year. The tax applied will be the same as your income tax rate.

If you have owned the home for longer than a year, the rate you will have to pay will be less. Some people will even qualify for 0%, with everyone else having to pay between 15% and 20% depending on your income and other factors.

It will be essential to speak with a qualified tax professional to determine exactly what you will pay for real estate capital gains taxes.

Steps You Can Take to Avoid Capital Gains Tax

To make sure you do as much as you can to avoid paying capital gains tax, there are some steps you can take.

Home Improvements

If you have made improvements to your home, you can use these expenses to reduce your tax bill. If you don’t have an exclusion, you can use receipts from improvements to increase your cost basis. The cost basis also includes the amount you paid for the home, and if you can push it higher, there will be fewer capital gains to pay.

Any improvements that you have made to the home since you moved in could be used. This could include renovations, additions, landscaping, kitchen appliance upgrades, and more. Keep in mind repairs to your home are not the same thing as improvements. You cannot use repairs to increase your basis and lower the taxes you'll pay.

Time in the House

To qualify for the exclusion, you need to have lived in the home for at least 2 out of the last 5 years. These don’t have to be consecutive, however, to qualify.

This could be more of a problem for house flippers and other investors. And if you've owned the house for under a year, there will be increased taxes when you sell.

Costs of Selling The Property

Remember that the costs of selling your home can also be used to bring down your tax bill. Don't forget about any seller concessions or real estate commissions you may have paid. These costs will bring down the basis for which you'll be taxed.

Using Exceptions

Even if you think you aren’t able to claim an exclusion, there could be an exception that helps you. For example, if you had to sell the home due to an unexpected event, because of a change of job, or for health reasons, you could get an exception.

This could allow you to reduce some or all of the increase in value of the home. The IRS Publication 523 provides more information on exceptions.

Final Thoughts

When you are selling a home, you will be asked to fill out tax documentation at the home closing. You will let the IRS know exactly how the sale of your house impacts their ability to collect taxes from you.

Understanding the real estate capital gains tax laws is essential as a homeowner. You can save yourself a substantial amount of money when you take the deductions you're entitled to. If you have any doubts about your tax standing, also speak with a qualified tax professional.

Hopefully, you have enjoyed these tips on avoiding capital gains when selling a house.

How to Avoid Capital Gains When Selling a House (2024)

FAQs

Do I have to buy another house to avoid capital gains? ›

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

How to avoid capital gains tax on sale of home? ›

As long as you lived in the property as your primary residence for 24 months within the five years before the home's sale, you can qualify for the capital gains tax exemption.

Do I pay capital gains if I reinvest the proceeds from sale? ›

Do I Pay Capital Gains if I Reinvest the Proceeds From the Sale? While you'll still be obligated to pay capital gains after reinvesting proceeds from a sale, you can defer them. Reinvesting in a similar real estate investment property defers your earnings as well as your tax liabilities.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

What happens if you sell a house and don't buy another? ›

The short answer is that profit (after paying a mortgage and sale-related costs) is yours to keep when you sell real estate. You're not required to use the proceeds to buy another property.

How long do I have to reinvest after selling my house? ›

If the home is a rental or investment property, use a 1031 exchange to roll the proceeds from the sale of that property into a like investment within 180 days.13.

What is the 6 year rule for capital gains? ›

The capital gains tax property six-year rule allows you to treat your investment property as your main residence for tax purposes for up to six years while you are renting it out. This means you can rent it out for six years and still qualify for the main residence capital gains tax exemption when you sell it.

What expenses can be claimed against capital gains tax? ›

You can deduct costs of buying, selling or improving your property from your gain. These include: estate agents' and solicitors' fees. costs of improvement works, for example for an extension - normal maintenance costs like decorating do not count.

Can you deduct closing costs from capital gains? ›

In addition to the home's original purchase price, you can deduct some closing costs, sales costs and the property's tax basis from your taxable capital gains. Closing costs can include mortgage-related expenses. For example, if you had prepaid interest when you bought the house) and tax-related expenses.

How do I calculate capital gains on sale of property? ›

Subtract your basis (what you paid) from the realized amount (how much you sold it for) to determine the difference. If you sold your assets for more than you paid, you have a capital gain.

How to offset capital gains? ›

How to Minimize or Avoid Capital Gains Tax
  1. Invest for the Long Term.
  2. Take Advantage of Tax-Deferred Retirement Plans.
  3. Use Capital Losses to Offset Gains.
  4. Watch Your Holding Periods.
  5. Pick Your Cost Basis.

Do I have to report the sale of a second home to the IRS? ›

Answer: Your second residence (such as a vacation home) is considered a capital asset. Use Schedule D (Form 1040), Capital Gains and Losses and Form 8949, Sales and Other Dispositions of Capital Assets to report sales, exchanges, and other dispositions of capital assets.

Do people over 65 have to pay capital gains? ›

Whether you're 65 or 95, seniors must pay capital gains tax where it's due.

Is there a once-in-a lifetime capital gains exemption? ›

The capital gains exclusion applies to your principal residence, and while you may only have one of those at a time, you may have more than one during your lifetime. There is no longer a one-time exemption—that was the old rule, but it changed in 1997.

How can senior citizens avoid taxes? ›

Seniors can earn more income than younger workers before submitting a tax return. People age 65 and older can earn a gross income of up to $15,700 before they are required to file a 2023 tax return, which is $1,850 more than younger workers.

How do I avoid capital gains on my taxes? ›

Here are four of the key strategies.
  1. Hold onto taxable assets for the long term. ...
  2. Make investments within tax-deferred retirement plans. ...
  3. Utilize tax-loss harvesting. ...
  4. Donate appreciated investments to charity.

What is the IRS rule for second home? ›

For the IRS to consider a second home a personal residence for the tax year, you need to use the home for more than 14 days or 10% of the days that you rent it out, whichever is greater. So if you rented the house for 40 weeks (280 days), you would need to use the home for more than 28 days.

Can you avoid capital gains tax by paying off another mortgage? ›

Namely, the IRS doesn't treat proceeds from a cash-out refinance as income. Instead of selling your property and triggering a capital gains tax, you secure a larger loan, pay off the old mortgage, and take out the difference as cash.

Top Articles
Latest Posts
Article information

Author: Ray Christiansen

Last Updated:

Views: 5663

Rating: 4.9 / 5 (49 voted)

Reviews: 88% of readers found this page helpful

Author information

Name: Ray Christiansen

Birthday: 1998-05-04

Address: Apt. 814 34339 Sauer Islands, Hirtheville, GA 02446-8771

Phone: +337636892828

Job: Lead Hospitality Designer

Hobby: Urban exploration, Tai chi, Lockpicking, Fashion, Gunsmithing, Pottery, Geocaching

Introduction: My name is Ray Christiansen, I am a fair, good, cute, gentle, vast, glamorous, excited person who loves writing and wants to share my knowledge and understanding with you.