Home Selling 101: Capital Gains Tax (2024)

  • By Desiree Jeffrey
  • Posted

“Our new Constitution is now established, and has an appearance that promises permanency; but in this world, nothing can be said to be certain, except death and taxes.” – Benjamin Franklin

What Is Capital Gains Tax?

Home Selling 101: Capital Gains Tax (1)If you’re planning to sell your home now or at some point down the road, you may be wondering if you’ll end up paying what’s known as capital gains tax. After all, just about everything is taxed these days! So, what is it and how do you potentially avoid it?

Basically, capital gains is a tax you’re required to pay when you sell an asset that has increased in value since you purchased it.

So, let’s say you bought your home for $250,000 in 1999 and recently sold it for $450,000. The $200,000 increase in value is considered a capital gain and subject to taxation.

However, you can exclude all or part of that gain on your federal taxes if you meet basic criteria and profit thresholds. You may not even need to report it on your taxes!

How Do I Avoid Capital Gains Tax When Selling My Home?

First, let’s get this out of the way. If you file as single with the IRS, up to $250,000 of your capital gain is exempt from taxes. For married couples filing jointly, that number goes up to $500,000.

All of that money goes into your bank account, and not the government’s pocket if you meet three basic qualifications:

  1. This one is pretty simple. You must have owned the home for at least 2 years out of the last 5 (up to the date of closing on the home). If you’re married and file jointly, only one spouse has to meet the ownership requirement.

  2. You must also have lived in the residence for at least 2 of the previous 5 years. This is cumulative, not consecutive. All that’s required is 24 total months. However, unlike the ownership requirement, each spouse must meet the residence requirement individually. Here's an example: you lived in your home the first year, rented it out for 3 years, and stayed in it for the fifth year, you could still be exempt from paying capital gains tax.

  3. You haven’t claimed this exemption in the last two years. The IRS calls this the “look back” requirement. If you didn't sell another home during the 2-year period before the date of sale (or, if you did sell another home during this period, but didn't take an exclusion of the gain earned from it), you meet the look-back requirement.

Of course, there are eligibility exceptions. Here’s a list of circ*mstances that may qualify you for a full or partial exclusion of gain. You can read more about each on the IRS website:

  • Separation or divorce that occurred during the ownership of the home.
  • Death of a spouse during the ownership of the home.
  • Your previous home was destroyed or condemned.
  • You were a service member during the ownership of the home.
  • You acquired or are relinquishing the home in a like-kind exchange.
  • You took or were transferred to a new job in a work location at least 50 miles farther from the home than your old work location.
  • You moved for health-related reasons such as to obtain or provide care for yourself, your spouse (co-owner), or a family member.
  • Other unforeseeable events.

Just remember that if you do not meet the three basic requirements, you’ll need to demonstrate any other potential qualifying circ*mstances to the IRS. Remember to always talk to a licensed financial professional to better understand your tax obligations. Your PorchLight agent would be happy to recommend a local expert to help you unravel capital gains taxes.

How Much Capital Gains Will I Have to Pay?

If you think that you’ll owe capital gains tax, how much you might pay depends on your income and filing status. Here’s a quick chart to help you out.

Home Selling 101: Capital Gains Tax (2)

A couple of examples:

  • Chris bought a condo 5 years ago for $150,000 and sold it in 2021 for $450,000, netting him a gain of $300,000. Since he files his taxes as single, the first $250,000 is excluded. Chris also makes $65,000 annually, so his capital gains tax rate would be 15% and he would pay $7,500 on the $50,000 of gains.

  • Amelia and Jeremy are married and purchased their home in 2013 for $500,000. Thanks to a low-inventory market, they sold their home at the end of 2020 for $1.3 million, giving them a capital gain of $800,000. As a married couple filing jointly, the first $500,000 is excluded, but their combined income is $625,000 annually, placing them in the 20% tax rate column. So, their capital gains tax on $300,000 is $60,000.

How Do I Avoid Paying Capital Gains Tax When Selling My Home?

If you’re thinking about selling your home, your first step is to contact your PorchLight agent and have them provide a Comparative Market Analysis (CMA) which will show you the current value of your home. You can then get a ballpark figure of your capital gain if you decide to sell.

If it looks like you’re going to be required to pay capital gains tax, there are ways to potentially reduce how much you might need to pay.

First, you can deduct significant improvements from the profit of your home sale (receipts will be required). This does not mean upkeep, like cleaning the carpets or hiring a weekly gardener. It’s more substantial items such as:

  • Adding a bedroom, bath, garage, deck, porch or patio
  • Installing landscaping, a driveway, fence, retaining wall or sprinkler system
  • Putting in a new heating system, central air-conditioning, ductwork or wiring
  • Improving the exterior with a new roof, windows or siding
  • Adding insulation to the attic, walls or floors
  • Installing a septic system, water heater or water filtration system
  • Modernizing the kitchen
  • Updating the flooring
  • Adding a fireplace

In addition, you can also potentially deduct various expenses related to selling your home such as appraisal, closing, escrow, document prep, title search and advertising fees. At closing, you will likely receive a statement listing all of these costs, but it’s always a good idea to keep the receipts for any expenses you pay.

How Do I Learn MoreAbout Capital Gains Tax?

While we’ve covered all the general bases in this post, there’s still a lot to learn about capital gains taxes. What if you inherit a home? What if you’re an investor who owned the home for less than two years? These are both great questions, each with its own implications.

You can click here to read the full IRS publication on capital gains or consider finding a financial or tax professional to ensure you avoid either paying or overpaying on taxes.

If you’d like to start the selling process, ask a PorchLight agent about preparing a no-obligation Comparative Market Analysis on your home. Unlike some of the real estate search sites, we don’t use a generic algorithm to determine home values—numbers that are often overinflated.

Your agent will look at the local market as a whole and comps in your area, as well as take into consideration the age, size and state of your home along with any improvements that you might have made. You’ll then receive an accurate and up-to-date report of your home’s value.

Home Selling 101: Capital Gains Tax (2024)

FAQs

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 figure capital gains when I sell my home? ›

Determine your realized amount. This is the sale price minus any commissions or fees paid. 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.

What is the capital gains loophole in real estate? ›

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 can I pay 0% capital gains tax? ›

Capital gains tax rates

A capital gains rate of 0% applies if your taxable income is less than or equal to: $44,625 for single and married filing separately; $89,250 for married filing jointly and qualifying surviving spouse; and. $59,750 for head of household.

What is a simple trick for avoiding capital gains tax on real estate investments? ›

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.

Can closing costs be deducted 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.

At what age do you not pay capital gains? ›

Since the tax break for over 55s selling property was dropped in 1997, there is no capital gains tax exemption for seniors. This means right now, the law doesn't allow for any exemptions based on your age. Whether you're 65 or 95, seniors must pay capital gains tax where it's due.

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

How Long Do I Have to Buy Another House to Avoid Capital Gains? You might be able to defer capital gains by buying another home. As long as you sell your first investment property and apply your profits to the purchase of a new investment property within 180 days, you can defer taxes.

What are the two rules of the 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 gains after age 65? ›

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.

How do house flippers avoid capital gains? ›

How To Avoid Capital Gains Tax On House Flipping (2023)
  1. Establishing An LLC.
  2. Managing The Duration Of Property Ownership.
  3. 121 Exclusion.
  4. Managing The Property Sale Date.
  5. 1031 Exchange (Not Applicable For Quick Sales)
Dec 8, 2023

Do I have to pay capital gains tax immediately? ›

This tax is applied to the profit, or capital gain, made from selling assets like stocks, bonds, property and precious metals. It is generally paid when your taxes are filed for the given tax year, not immediately upon selling an asset.

Is capital gains added to your total income and puts you in higher tax bracket? ›

Long-term capital gains can't push you into a higher tax bracket, but short-term capital gains can. Understanding how capital gains work could help you avoid unintended tax consequences. If you're seeing significant growth in your investments, you may want to consult a financial advisor.

What capital gains are not taxed? ›

An important note: Capital gains taxes do not apply to investments held in tax-advantaged accounts, like 401(k)s and other employer-sponsored retirement plans, individual retirement accounts (IRAs), 529s, and health savings accounts (HSAs).

How long do I have to buy another house to avoid capital gains? ›

You do not need to make a direct swap in a like-kind exchange. Instead, once you sell your first investment property you can put the proceeds from this sale into escrow. You then have 180 days to find and purchase another similarly situated piece of land.

What is the 6 year rule for capital gains tax? ›

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.

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