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

How to Avoid Capital Gains When Selling a House? ›

Hold onto taxable assets for the long term.

The easiest way to lower capital gains taxes is to simply hold taxable assets for one year or longer to benefit from the long-term capital gains tax rate.

What is a simple trick for avoiding capital gains tax? ›

Hold onto taxable assets for the long term.

The easiest way to lower capital gains taxes is to simply hold taxable assets for one year or longer to benefit from the long-term capital gains tax rate.

Is there a way to avoid capital gains tax on the selling of a house? ›

Is there a way to avoid capital gains tax on the selling of a house? You will avoid capital gains tax if your profit on the sale is less than $250,000 (for single filers) or $500,000 (if you're married and filing jointly), provided it has been your primary residence for at least two of the past five years.

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

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

What items can be home improvements to not be considered capital gains? ›

While small repairs and home maintenance are not generally considered capital improvements, they may be if the repairs are a part of a larger project. For example, painting a home's interior is not typically a capital improvement; however, repainting after a fire as part of the repair might be considered one.

Are there any loopholes for capital gains tax? ›

Second, capital gains taxes on accrued capital gains are forgiven if the asset holder dies—the so-called “Angel of Death” loophole. The basis of an asset left to an heir is “stepped up” to the asset's current value.

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.

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.

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.

What lowers capital gains tax? ›

Long-term investing offers a significant advantage in minimizing capital gains taxes due to the favorable tax treatment for investments for longer durations. When investors hold assets for more than a year before selling, they qualify for long-term capital gains tax rates, typically lower than short-term rates.

What are the two rules of exclusion on capital gains for homeowners? ›

Sale of your principal residence. We conform to the IRS rules and allow you to exclude, up to a certain amount, the gain you make on the sale of your home. You may take an exclusion if you owned and used the home for at least 2 out of 5 years. In addition, you may only have one home at a time.

Do you pay capital gain tax on inherited property? ›

When you inherit property, the IRS applies what is known as a stepped-up cost basis. You do not automatically pay taxes on any property that you inherit. If you sell, you owe capital gains taxes only on any gains that the asset made since you inherited it.

Do you have to pay capital gains after age 70 if you? ›

Whether you're 65 or 95, seniors must pay capital gains tax where it's due. This can be on the sale of real estate or other investments that have increased in value over their original purchase price, which is known as the “tax basis.”

Is painting a capital improvement? ›

Just to confuse things, it should be noted that, according to the IRS, while painting is usually not considered a capital improvement, it must be capitalized if it is part of a large-scale improvement plan.

Is painting considered a selling expense? ›

As a general rule, any repairs or maintenance requested by a buyer are considered selling expenses. Some of the most common repair and maintenance issues that come up during a buyer's inspection include painting, fixing leaking faucets, and repairing damaged flooring.

What counts as home improvements for capital gains tax? ›

According to the IRS, improvements that add “to the value of your home, prolong its useful life, or adapt it to new uses” may reduce your capital gains tax. Examples of capital improvements include adding a swimming pool, a new deck or storm windows to your home.

What is the 2 out of 5 year rule? ›

When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.

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.

Can I sell stock and reinvest without paying capital gains? ›

With some investments, you can reinvest proceeds to avoid capital gains, but for stock owned in regular taxable accounts, no such provision applies, and you'll pay capital gains taxes according to how long you held your investment.

Top Articles
Latest Posts
Article information

Author: Saturnina Altenwerth DVM

Last Updated:

Views: 5704

Rating: 4.3 / 5 (44 voted)

Reviews: 83% of readers found this page helpful

Author information

Name: Saturnina Altenwerth DVM

Birthday: 1992-08-21

Address: Apt. 237 662 Haag Mills, East Verenaport, MO 57071-5493

Phone: +331850833384

Job: District Real-Estate Architect

Hobby: Skateboarding, Taxidermy, Air sports, Painting, Knife making, Letterboxing, Inline skating

Introduction: My name is Saturnina Altenwerth DVM, I am a witty, perfect, combative, beautiful, determined, fancy, determined person who loves writing and wants to share my knowledge and understanding with you.