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? ›

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 paying capital gains when you sell a house? ›

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.

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.

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.

What expenses can I offset against capital gains tax? ›

Examples of such costs are as follows:
  • Estate agents's commission - where there is a property sale.
  • Legal costs.
  • Costs of transfer - e.g. stamp duty land tax.

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.

At what age do you not pay capital gains? ›

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 starts at 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.

Are there any loopholes for capital gains tax? ›

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.

Is money from the sale of a house considered income? ›

Reported sale

Taxpayers who don't qualify to exclude all of the taxable gain from their income must report the gain from the sale of their home when they file their tax return. Anyone who chooses not to claim the exclusion must report the taxable gain on their tax return.

How much capital gains are tax free? ›

Long-term capital gains tax rates for the 2023 tax year
FILING STATUS0% RATE20% RATE
SingleUp to $44,625Over $492,300
Married filing jointlyUp to $89,250Over $553,850
Married filing separatelyUp to $44,625Over $276,900
Head of householdUp to $59,750Over $523,050
1 more row
Mar 13, 2024

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 improvements for capital gains? ›

A capital improvement, as defined by the IRS, is a change made to property you own that does at least one of the following: Add to the value of the property. Prolong the property's life. Adapts the home to new uses.

Can renovation costs be deducted from capital gains? ›

While capital improvement projects generally don't qualify for tax deductions, they might have other tax implications. That's because you can usually add capital improvement expenses to the home's cost basis—which might reduce your capital gains taxes when you sell the house.

Can you deduct furniture from capital gains? ›

''Furniture is not technically part of the actual home being sold,'' he said. ''You also can physically take it with you, so I would not include it in your cost basis like you would repairs and improvements. '' To read more about what can be counted as a capital improvement, read IRS Publication 523 at irs.gov.

Can itemized deductions reduce capital gains? ›

Itemized deductions and personal exemptions first reduce other adjusted gross income (but not below zero) and then are applied against adjusted net capital gain. When the taxpayer's only income is adjusted net capital gain, or other taxable income is zero or negative, computing tax is simple.

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 is the 6 year rule? ›

If you use your former home to produce income (for example, you rent it out or make it available for rent), you can choose to treat it as your main residence for up to 6 years after you stop living in it. This is sometimes called the '6-year rule'. You can choose when to stop the period covered by your choice.

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.

Does selling an inherited house count as income? ›

If you sell inherited property, is it taxable? If you sell an inherited property in California, it's generally not taxable.

Top Articles
Latest Posts
Article information

Author: Ms. Lucile Johns

Last Updated:

Views: 5757

Rating: 4 / 5 (41 voted)

Reviews: 88% of readers found this page helpful

Author information

Name: Ms. Lucile Johns

Birthday: 1999-11-16

Address: Suite 237 56046 Walsh Coves, West Enid, VT 46557

Phone: +59115435987187

Job: Education Supervisor

Hobby: Genealogy, Stone skipping, Skydiving, Nordic skating, Couponing, Coloring, Gardening

Introduction: My name is Ms. Lucile Johns, I am a successful, friendly, friendly, homely, adventurous, handsome, delightful person who loves writing and wants to share my knowledge and understanding with you.