How to Avoid Capital Gains Tax on Stocks - SmartAsset (2024)

How to Avoid Capital Gains Tax on Stocks - SmartAsset (1)

Capital gains taxes are a tax on the profits you make on investments, which you might owe if you are investing through a taxable brokerage account. The good news is that there are strategies investors can use to eliminate or minimize those taxes. The right ways for you will depend on your long-term financial goals. If you’re not sure what path to take to avoid taxes you can work with a professional financial advisor who can help you create a financial plan and provide the right ways to avoid these taxes.

What Are Capital Gains Taxes?

Capital gains taxes are taxes owed when you sell an asset for a profit. The tax rates vary depending on how long you held the stocks. If you sell it for a loss, you do not owe any taxes on that transaction. So a capital gain on a stock you own would be the profit you receive that is above what you originally paid for those stocks.

For example, if you bought one share of XYZ Corporation at $10 and end up selling it for $100, your capital gain would be taxed on the $90 difference. How long you hold that asset will depend on where it is a long- or short-term gain. There is a difference when determining how those taxes are treated and the rate at which you’ll have to pay.

  • Short-term capital gains:When you’ve held the stock for one year or less, these are called short-term capital gains. Short-term capital gains tax rates have the same income tax rates as ordinary income, like the money earned from a job.
  • Long-term capital gains:Long-term capital gains offer preferential treatment in the Federal tax code. These income tax rates are lower than ordinary income tax rates with a maximum tax rate of 20%. In some cases, long-term capital gains tax rates can be as low as 0%.

How Capital Gains Are Taxed on Stocks

The tax rates for the capital gains you earn on your stocks are going to be determined by both your tax filing status as well as your adjusted gross income (AGI). You will end up being taxed between 0% and 20% of your profit, depending on your filing status. You will likely end up paying either 15% if your AGI is between $44,626 and $492,300 as a single filer or $89,251 and $553,850 as a married couple filing together. For individuals above $492,300 and couples over $553,850, the rate will be 20%.

In addition to the capital gains tax, high-net-worth individuals or high-earners might end up being on the hook for additional taxes for their investment profits. The net investment income tax can add an additional 3.8% tax on top of your capital gains tax if your modified adjusted gross income (MAGI) is above $200,000 for single filers or $250,000 for married filing jointly.

9 Ways to Avoid Capital Gains Taxes on Stocks

How to Avoid Capital Gains Tax on Stocks - SmartAsset (2)

There are numerous strategies that investors can implement to reduce or avoid capital gains tax on stocks sold at a profit. Each has its own unique pros and cons that you should take a look at to see if it’s a good fit for your personal situation before moving forward.

Here are some of the most common methods that you can incorporate into your financial plan:

1. Invest for the Long Term

When you invest for the long term, you benefit from long-term capital gains rates. These tax rates can be substantially lower than ordinary income tax rates. In 2022, if your taxable income is less than $44,625 as a single filer ($89,250 for married, filing jointly), your long-term capital gains tax rate is 0%.

2. Contribute to Your Retirement Accounts

Investing in retirement accounts eliminates capital gains taxes on your portfolio. You can buy and sell stocks, bonds and other assets without triggering capital gains taxes. Withdrawals from Traditional IRA, 401(k) and similar accounts may lead to ordinary income taxes. However, Roth accounts eliminate taxes entirely on eligible withdrawals.

3. Pick Your Cost Basis

When selling your stocks, it is possible to pick your cost basis on the shares that you sell. By handpicking the individual shares, you may be able to avoid capital gains taxes by selling shares that are at a loss (or at least have lower gains), even if your overall position in that investment has made money.

4. Lower Your Tax Bracket

When you have less taxable income, you may qualify for 0% tax rates on long-term capital gains. You can lower your taxable income by being strategic on withdrawals. For example, retirees can make withdrawals from a Roth IRA instead of a 401(k) or traditional IRA, since Roth withdrawals are not taxable in retirement.

Alternatively, you can maximize your deductions by prepaying property tax payments before December 31 or bunching two year’s worth of charitable contributions into one year. Another option to keep from getting bumped up into a higher tax bracket is deferring income and maximizing your deductions. Maxing out your company retirement accounts and health savings accounts (HSA) is an excellent way to reduce your taxable income as well.

5. Harvest Losses to Offset Gains

Capital losses on investments can offset realized short-term and long-term capital gains. Some investors harvest losses proactively when investments go down in value to offset potential future capital gains. Investors may also offset $3,000 in ordinary income yearly if they have excess capital losses.

6. Move to a Tax-Friendly State

While the state you live in won’t affect your federal taxes owed, moving to a tax-friendly state may help you avoid capital gains tax on stocks when paying state income taxes. Nine states do not charge capital gains taxes. The states are Alaska, Florida, New Hampshire, Nevada, South Dakota, Tennessee, Texas, Washington and Wyoming.

7. Donate Stock to Charity

If you have appreciated stock, consider donating the stock instead of cash to your favorite charity. You won’t owe capital gains taxes on the profits when you transfer those shares directly to the charity. Plus, you’ll get a tax deduction based on the current value of the shares instead of the actual amount that you paid for them. And the charity won’t owe taxes either, making it a win-win for both parties.

8. Invest in an Opportunity Zone

The Tax Cuts and Jobs Act created “opportunity zones” that offer tax advantages to investors. By investing in eligible low-income and distressed communities, you can defer taxes and potentially avoid capital gains tax on stocks altogether. To qualify, you must invest unrealized gains within 180 days of a stock sale into an eligible opportunity fund, then hold the investment for at least 10 years.

9. Pass Down Appreciated Assets

When someone passes away, there is a step-up in the cost basis of their assets. This means that the heirs that receive stocks, bonds, real estate and other assets do not owe capital gains taxes if they sell the assets right away. If the assets continue to appreciate after the investor’s death, the beneficiaries will only owe taxes on the appreciation that occurred after their date of death.

The Bottom Line

How to Avoid Capital Gains Tax on Stocks - SmartAsset (3)

Capital gains taxes can negatively impact your investment profits, especially if you’ve held the assets for one year or less. Luckily, there are numerous strategies that investors can use to reduce or avoid capital gains tax on stocks, bonds and other assets. Before making any moves, talk with a financial planner or tax advisor to discuss your current situation and the strategies that you’re considering.

Tips for Tax Planning

  • Investors with a financial advisor can work together to reduce or avoid capital gains tax on stocks and other investments. By using their experience and knowledge, a financial advisor can propose steps to minimize the taxes you’ll owe on your stock sales. Finding a financial advisor doesn’t have to be hard.SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
  • Capital gains taxes reduce the profits that you’ve earned from your investments. You can properly plan out what your potential liability might be by planning ahead for how your investments might grow. Use our investment calculator to know what your potential increase might be.

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How to Avoid Capital Gains Tax on Stocks - SmartAsset (2024)

FAQs

How to Avoid Capital Gains Tax on Stocks - SmartAsset? ›

Here's how it works: Taxpayers can claim a full capital gains tax exemption for their principal place of residence (PPOR). They also can claim this exemption for up to six years if they moved out of their PPOR and then rented it out.

How do I avoid paying capital gains tax on stocks? ›

9 Ways to Avoid Capital Gains Taxes on Stocks
  1. Invest for the Long Term. ...
  2. Contribute to Your Retirement Accounts. ...
  3. Pick Your Cost Basis. ...
  4. Lower Your Tax Bracket. ...
  5. Harvest Losses to Offset Gains. ...
  6. Move to a Tax-Friendly State. ...
  7. Donate Stock to Charity. ...
  8. Invest in an Opportunity Zone.
Apr 20, 2023

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

Here's how it works: Taxpayers can claim a full capital gains tax exemption for their principal place of residence (PPOR). They also can claim this exemption for up to six years if they moved out of their PPOR and then rented it out.

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

One of the easiest ways to evade paying capital gains tax after selling your rental property is to invest in a retirement plan. You can invest in a 401(K) or an individual retirement account (IRA). Retirement plans enable you to buy and sell property within the retirement account without attracting capital gains tax.

What is the capital gains tax on $200 000? ›

= $
Single TaxpayerMarried Filing JointlyCapital Gain Tax Rate
$0 – $44,625$0 – $89,2500%
$44,626 – $200,000$89,251 – $250,00015%
$200,001 – $492,300$250,001 – $553,85015%
$492,301+$553,851+20%
Jan 11, 2023

How long do you have to keep a stock to avoid capital gains tax? ›

To correctly arrive at your net capital gain or loss, capital gains and losses are classified as long-term or short-term. Generally, if you hold the asset for more than one year before you dispose of it, your capital gain or loss is long-term. If you hold it one year or less, your capital gain or loss is short-term.

Do you always have to pay capital gains tax on stocks? ›

If you sell stocks for a profit, you'll likely have to pay capital gains taxes. Generally, any profit you make on the sale of a stock is taxable at either 0%, 15% or 20% if you held the shares for more than a year, or at your ordinary tax rate if you held the shares for a year or less.

What is the one time capital gains exemption? ›

Key Takeaways. You can sell your primary residence and be exempt from capital gains taxes on the first $250,000 if you are single and $500,000 if married filing jointly.

What is the 2 in 5 year rule? ›

The 2-out-of-five-year rule states that you must have both owned and lived in your home for a minimum of two out of the last five years before the date of sale. However, these two years don't have to be consecutive, and you don't have to live there on the date of the sale.

What are the capital gains rules for 2023? ›

Long-term capital gains tax rates for the 2023 tax year

In 2023, individual filers won't pay any capital gains tax if their total taxable income is $44,625 or less. The rate jumps to 15 percent on capital gains, if their income is $44,626 to $492,300. Above that income level the rate climbs to 20 percent.

Do you have to reinvest to avoid capital gains? ›

You can't avoid capital taxes by reinvesting in real estate. You can, however, defer your capital gains taxes by investing in similar real estate property.

How can seniors avoid capital gains? ›

The IRS allows no specific tax exemptions for senior citizens, either when it comes to income or capital gains. The closest you can come is a back-end tax-advantaged retirement account like a Roth IRA which allows you to withdraw money without paying taxes.

Should I reinvest capital gains? ›

Capital gains generated by funds held in a taxable account will result in taxable capital gains, even if you reinvest your capital gains back into the fund. Thus, it may be smart not to reinvest the capital gains in a taxable account so that you have the cash to pay the taxes due.

How much capital gains tax on $50,000? ›

Capital gains tax rate – 2021 thresholds
RatesSingleMarried Filing Jointly
0%Up to $40,400Up to $80,800
15%$40,401 to $445,850$80,801 to $501,600
20%Above $445,850Above $501,600

Is the first $80000 of capital gains tax free? ›

You may qualify for the 0% long-term capital gains rate for 2021 with taxable income of $40,400 or less for single filers and $80,800 or less for married couples filing jointly.

How much stock loss can you write off? ›

If your net losses in your taxable investment accounts exceed your net gains for the year, you will have no reportable income from your security sales. You may then write off up to $3,000 worth of net losses against other forms of income such as wages or taxable dividends and interest for the year.

What is the loophole for capital gains? ›

Stepped-up basis is a tax provision that allows heirs to reduce their capital gains taxes. When someone inherits property and investments, the IRS resets the market value of these assets to their value on the date of the original owner's death.

What is the stock 7 year rule? ›

According to Standard and Poor's, the average annualized return of the S&P index, which later became the S&P 500, from 1926 to 2020 was 10%.  At 10%, you could double your initial investment every seven years (72 divided by 10).

What happens if you don't report capital gains from stocks? ›

If you fail to report the gain, the IRS will become immediately suspicious. While the IRS may simply identify and correct a small loss and ding you for the difference, a larger missing capital gain could set off the alarms.

What is the most tax friendly state? ›

MoneyGeek's analysis found that Wyoming is the most tax-friendly state in America, followed by Nevada, Tennessee, Florida and Alaska. States that received a grade of A all share something in common: no state income tax. Washington and South Dakota — which both received a B — also have no state income tax.

Do you pay taxes on stocks if you lose money? ›

The IRS allows you to deduct from your taxable income a capital loss, for example, from a stock or other investment that has lost money. Here are the ground rules: An investment loss has to be realized. In other words, you need to have sold your stock to claim a deduction.

Do you have to report stocks on taxes if you lost money? ›

If you experienced capital gains or losses, you must report them using Form 8949 when you file taxes. Selling an asset, even at a loss, has crucial tax implications, so the IRS requires you to report it. You'll receive information about your investments from your broker or bank on Forms 1099-B or 1099-S.

What is the 1 year rule for capital gains? ›

Short-Term Capital Gains Tax Rates

Short-term capital gains are taxed as ordinary income. Any income that you receive from investments that you held for one year or less must be included in your taxable income for that year.

Is there a one time tax forgiveness? ›

Also called first-time abatement, one-time forgiveness is when the IRS waives penalties for taxpayers with a history of compliance. To qualify, you must have filed the same type of return on time and not incurred any penalties for the last three tax years.

How much can I make in capital gains and not pay taxes? ›

Capital gains tax rates 2022
Tax-filing status0% tax rate15% tax rate
Single$0 to $41,675.$41,676 to $459,750.
Married, filing jointly$0 to $83,350.$83,351 to $517,200.
Married, filing separately$0 to $41,675.$41,676 to $258,600.
Head of household$0 to $55,800.$55,801 to $488,500.
1 more row
May 22, 2023

What is the $250000 exclusion? ›

Individuals. You do not have to report the sale of your home if all of the following apply: Your gain from the sale was less than $250,000. You have not used the exclusion in the last 2 years.

How often can you claim capital gains exemption? ›

How Often Can You Claim the Capital Gains Exclusion? You can exclude capital gains from the sale of a primary residence once every two years. If you want to claim the capital gains exclusion more than once, you'll have to meet the usage and ownership requirements at a different residence.

How do I avoid capital gains under 2 years? ›

Yes, if you perform a 1031 exchange and buy a new house within 180 days of selling your house, you can avoid the tax penalty associated with selling your house before 2 years. You'll need to meet specific requirements to qualify for a 1031 exchange, but it's a great way to reinvest your profits and save yourself money.

What is the 2 year rule for capital gains tax? ›

How do I avoid the capital gains tax on real estate? If you have owned and occupied your property for at least 2 of the last 5 years, you can avoid paying capital gains taxes on the first $250,000 for single-filers and $500,000 for married people filing jointly.

How much of Social Security is taxable? ›

between $25,000 and $34,000, you may have to pay income tax on up to 50 percent of your benefits. more than $34,000, up to 85 percent of your benefits may be taxable.

Will capital gains tax change in 2026? ›

Specifically, beginning in 2026, the rates will be 10, 15, 25, 28, 33, 35, and 39.6 percent. A separate rate schedule specified in the tax code applies to taxable income in the form of qualified dividends and most long-term capital gains, with a maximum statutory rate of 20 percent.

Do I pay capital gains if I sell a stock and reinvest? ›

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.

Does an 80 year old have to pay capital gains tax? ›

The capital gains tax over 65 is a tax that applies to taxable capital gains realized by individuals over the age of 65. The tax rate is 0% for long-term capital gains on assets held for more than one year and 15% for short-term capital gains on assets held for less than one year.

How much can a 70 year old earn without paying taxes? ›

Basically, if you're 65 or older, you have to file a tax return in 2022 if your gross income is $14,700 or higher. If you're married filing jointly and both 65 or older, that amount is $28,700. If you're married filing jointly and only one of you is 65 or older, that amount is $27,300.

Do you pay income tax after 70 years old? ›

There is no age at which you no longer have to submit a tax return and most senior citizens do need to file taxes every year. However if Social Security is your only form of income then it is not taxable. In the case of a married couple who file jointly, this must be true of both spouses.

How long do you have to reinvest capital gains from stocks? ›

Gains must be reinvested within 180 days of the day they are recognized as taxable income.

Is it better to take dividends or reinvest? ›

Reinvesting dividends will increase your position in the company paying them. If that company already represents, say, 5% or more of your portfolio, it may be wise to avoid getting too concentrated and not reinvest your dividends.

Why do I have capital gains if I didn't sell anything? ›

Capital gains are realized anytime you sell an investment and make a profit. And, yes this applies to all mutual fund shareholders even if you didn't sell your shares during the year. I admit it can be confusing, but it all has to do with how mutual funds are structured.

What are the capital gains taxes on $1000000? ›

California imposes an additional 1% tax on taxable income over $1 million, making the maximum rate 13.3% over $1 million.

What is the capital gains tax on $100 000? ›

In this example, you see a capital gain of $100,000 on your home sale. If your income and asset class put you in the 20% capital gains tax bracket, you pay 20% of your profit. That's 20% of $100,000, or $20,000. You don't need to pay 20% of the entire $350,000 sale because you had to spend $250,000 to buy the asset.

How does IRS know you sold property? ›

Typically, when a taxpayer sells a house (or any other piece of real property), the title company handling the closing generates a Form 1099 setting forth the sales price received for the house. The 1099 is transmitted to the IRS.

How do I get 0% capital gains tax? ›

By comparison, you'll fall into the 0% long-term capital gains bracket for 2022 with a taxable income of $41,675 or less for single filers and $83,350 or less for married couples filing jointly.

How do I get 0 percent capital gains tax? ›

For the 2023 tax season, the 0% rate on long-term capital gains – any asset held for longer than a year – can be applied to taxable income of $41,675 or less for single filers and $83,350 or less for married couples filing jointly.

Which states have no capital gains tax? ›

States That Don't Tax Capital Gains
  • Alaska.
  • Florida.
  • New Hampshire.
  • Nevada.
  • South Dakota.
  • Tennessee.
  • Texas.
  • Wyoming.
Mar 15, 2023

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

Long-term capital gains cannot push you into a higher income tax bracket. Only short-term capital gains can accomplish that, because those gains are taxed as ordinary income. So any short-term capital gains are added to your income for the year.

Can I use more than $3000 capital loss carryover? ›

Limit on the Deduction and Carryover of Losses

If your capital losses exceed your capital gains, the amount of the excess loss that you can claim to lower your income is the lesser of $3,000 ($1,500 if married filing separately) or your total net loss shown on line 16 of Schedule D (Form 1040).

Can you write off worthless stock? ›

You must determine the holding period to determine if the capital loss is short term (one year or less) or long term (more than one year). Report worthless securities on Part I or Part II of Form 8949, and use appropriate code for worthless security deduction in the applicable column of Form 8949.

What happens if you don't pay taxes on stock gains? ›

The IRS has the authority to impose fines and penalties for your negligence, and they often do. If they can demonstrate that the act was intentional, fraudulent, or designed to evade payment of rightful taxes, they can seek criminal prosecution.

At what point do you pay capital gains tax on stocks? ›

The tax doesn't apply to unsold investments or "unrealized capital gains." Stock shares will not incur taxes until they are sold, no matter how long the shares are held or how much they increase in value. Most taxpayers pay a higher rate on their income than on any long-term capital gains they may have realized.

What happens if you sell a stock but don't withdraw money? ›

Even if you don't take the money out, you'll still owe taxes when you sell a stock for more than what you originally paid for it. When tax time rolls around, you'll need to report those capital gains on your tax return.

Will the IRS know if I don't report capital gains? ›

Missing capital gains

If you fail to report the gain, the IRS will become immediately suspicious. While the IRS may simply identify and correct a small loss and ding you for the difference, a larger missing capital gain could set off the alarms.

Do I have to pay taxes on a stock I haven't sold? ›

If you don't sell any stocks during the tax year, you won't have to pay taxes on those stocks—unless they pay dividends.

How much capital gains is tax free? ›

Key Takeaways. You can sell your primary residence and be exempt from capital gains taxes on the first $250,000 if you are single and $500,000 if married filing jointly.

What will capital gains tax be in 2023? ›

Long-Term Capital Gains Tax Rates for 2023
RateSingleMarried Filing Jointly
0%$0 – $44,625$0 – $89,250
15%$44,626 – $492,300$89,251 – $553,850
20%$492,300+$553,850+
Apr 21, 2023

When should I sell my stock for tax purposes? ›

Generally speaking, if you held your shares for one year or less, then profits from the sale will be taxed as short-term capital gains. If you held your shares for more than one year before selling them, the profits will be taxed at the lower long-term capital gains rate.

How do you make money on stocks if you never sell? ›

Buy and Hold

What does that mean? In short, one common way to make money in stocks is by adopting a buy-and-hold strategy, where you hold stocks or other securities for a long time instead of engaging in frequent buying and selling (a.k.a. trading).

Can you just cash out your stocks? ›

Investors can cash out stocks by selling them on a stock exchange through a broker. Stocks are relatively liquid assets, meaning they can be converted into cash quickly, especially compared to investments like real estate or jewelry. However, until an investor sells a stock, their money stays tied up in the market.

What happens when you sell a stock and no one buys it? ›

When there are no buyers, you can't sell your shares—you'll be stuck with them until there is some buying interest from other investors. A buyer could pop in a few seconds, or it could take minutes, days, or even weeks in the case of very thinly traded stocks.

Do capital gains count as income? ›

Capital gains are generally included in taxable income, but in most cases, are taxed at a lower rate. A capital gain is realized when a capital asset is sold or exchanged at a price higher than its basis.

How much capital gains can I offset with losses? ›

Up to $3,000 in net losses can be used to offset your ordinary income (including income from dividends or interest). Note that you can also "carry forward" losses to future tax years.

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