How to Use Real Estate to Put off Tax Bills (2024)

Investing in real estate continues to be one of the best ways to build wealth and cut taxes. Benefits include the ability to recover the cost of income-producing property through depreciation, to use 1031 exchanges to defer profits from real estate investments, and to borrow against real estate equity to make additional investments or for other purposes.

Additionally, homeowners can benefit from the personal-residence exemption, which shields profits on the sale of a personal residence from capital gains taxes, as well as the deduction for mortgage interest. Read on to find out whether one or a combination of these strategies is right for you.

Key Takeaways

  • Investing in real estate is a way to build wealth and reduce taxes through a variety of means.
  • Depreciation allows for the recovery of costs related to income-producing rental property.
  • Investors can defer taxes by selling an investment property and using the equity to purchase another property in what is known as a 1031 like-kind exchange.
  • Property owners can borrow against the home equity in their current property to make other investments.
  • Depending on the property sale value, home-owners can be excluded from capital gains taxes on the gains of their home sale.
  • Individuals are also able to deduct the interest paid on their mortgages.

1. Using Depreciation Deduction

You can recover the cost of income-producing rental property through annual tax deductions called depreciation. The Internal Revenue Code defines the depreciation deduction as a reasonable allowance for deterioration, wear and tear, and a reasonable allowance for obsolescence.

Real estate investors generally use a depreciation method called the Modified Accelerated Cost Recovery System (MACRS), in which residential rental property and structural improvements are depreciated over 27.5 years, while appliances and other fixtures are depreciated over 15 years.

Depreciation expense often results in a net loss on investment property even if the property actually produces a positive cash flow. This loss, as well as expenses, such as utilities and insurance, are reported on Schedule E, federal income tax Form 1040, and deducted from ordinary income.

2. Taking Advantage of 1031 Exchanges

The 1031 exchange, named for Section 1031 of the Internal Revenue Code, allows investors to defer taxes by selling one investment property and using the equity to purchase another property or properties of equal or greater value. This exchange must occur within a specified period of time.

Although a 1031 exchange can broadly include various types of property, the vast majority of transactions relate to real estate. And from Dec. 31, 2017, onward, Section 1031"like-kind exchange treatment applies only to exchanges of real property held for use in a trade or business or for investment, other than real property held primarily for sale."

Property Regulations

In order to successfully complete a 1031 exchange, the properties must meet the following criteria:

  • The aggregate value of the replacement properties must be equal to or greater than that of the relinquished properties.
  • The properties included in the transaction must be like-kind, meaning real property cannot be exchanged for some other type of asset, such as a real estate investment trust (REIT).
  • Both properties must be held for "productive purposes in business or trade" (an investment).

Any cash or property received through the transaction that is not considered like-kind property is considered boot and is subject to taxation. Cash boot includes not only cash but also physical property, such as fixtures. Mortgage boot refers to any debt reduction that is achieved through the transaction. Thus, the amount of debt assumed with the replacement property must be equal to or greater than the value of the debt retired when the relinquished property is sold.

Investor Regulations

The investor must use a qualified intermediary. A qualified intermediary is an agent who facilitates the 1031 exchange process, largely by holding net proceeds from the relinquished property before they are re-invested in the replacement property. Only a qualified intermediary may hold those funds during the exchange. The Federation of Exchange Accommodators details the role that the qualified intermediary plays in the 1031 exchange process.

The investor is subject to two deadlines:

  • Forty-five days after the sale of the relinquished property they must deliver a written list of the qualified replacement property to a qualified party to the exchange, usually the intermediary. There are also several rules that limit the number of properties that can be identified.
  • Additionally, they must purchase the aggregate value of qualifying replacement assets within 180 days of selling the relinquished asset or 180 days after the due date of his tax return for that year, whichever occurs first.

1031 Exchange, Step by Step

In a typical transaction, an investor decides to sell an investment property and invest the proceeds from any gain in another property.

  1. To accomplish this in a tax-efficient way, the investor enters into a 1031 exchange agreement with a qualified intermediary and puts the original property up for sale. At the same time, the investor begins searching for replacement properties.
  2. On the day the investor sells the original property (the relinquished property), the net proceeds after paying all expenses are sent to a special account set up by the qualified intermediary.
  3. The investor then enters into the identification period and has exactly 45 days to produce a list of qualified replacement properties and 180 days to close on the replacement property during the exchange period.
  4. Using the entire proceeds from the sale of the relinquished property, the investor closes on the new investment property or properties.
  5. The qualified intermediary wires those funds to the title company, the special account is closed and the transaction is completed.

3. Borrowing Against Home Equity

Investors who have built up sizable equity in either their personal home or investment property may simply choose to refinance their properties and pull out equity to make additional investments, improve the home, or for other purposes. Regulations vary from state to state.

In a typical scenario, a lender will loan 80% to 85% of your equity. For instance, on a $240,000 property with a $100,000 loan, the most a borrower could extract is $112,000 ($240,000 - $100,000) x 0.80 = $112,000).

The ability to borrow against your equity will also depend on your credit score, your existing debt-to-equity ratio, and your debt-to-income ratio.

While this strategy is a bit riskier, for those able to handle the additional debt, it can help build wealth without having to enter into a 1031 exchange or sell a property.

4. Deferring Taxes on the Sale of a Home

Gains from the sale of a taxpayer's primary personal residence are excluded from capital gains taxation up to $500,000 for married couples that file jointly and $250,000 for single individuals if the taxpayer has lived in the home for two of the last five years. In addition, should the gains from the sale of a taxpayer's primary residence be greater than those exclusions, the taxpayer may also invest that portion through a 1031 exchange.

Investors who live in areas where home values are appreciating can use a strategy of trading up to both build their personal wealth and minimize taxes at the same time.

5. Deducting Mortgage Interest

Homeowners can deduct the portion of their mortgages attributable to interest payments on their tax returns. These payments are higher during the early years of the mortgage and gradually decrease as the mortgage is paid off.

According to the IRS, "you can deduct home mortgage interest on the first $750,000 ($375,000 if married filing separately) of indebtedness. However, higher limitations ($1 million ($500,000 if married filing separately)) apply if you are deducting mortgage interest from indebtedness incurred before December 16, 2017."

The Bottom Line

There are many options available to the real estate owner who is looking to sell while minimizing tax liability.

  • A 1031 exchange allows the returns from a sale to be reinvested into a like-kind property.
  • A home equity loan taps directly into the value of the property and can be used for a variety of purposes.
  • The sale of a principal residence is eligible for special tax treatment.
  • Mortgage interest can be deducted at tax time.

Your personal situation will dictate which of these options is right for you, but any of them will help you get the most out of your real estate investment.

How to Use Real Estate to Put off Tax Bills (2024)

FAQs

How to Use Real Estate to Put off Tax Bills? ›

If you receive rental income from the rental of a dwelling unit, there are certain rental expenses you may deduct on your tax return. These expenses may include mortgage interest, property tax, operating expenses, depreciation, and repairs.

Can you use real estate as a tax write off? ›

If you receive rental income from the rental of a dwelling unit, there are certain rental expenses you may deduct on your tax return. These expenses may include mortgage interest, property tax, operating expenses, depreciation, and repairs.

How do people avoid taxes with real estate? ›

Investors can defer taxes by selling an investment property and using the equity to purchase another property in what is known as a 1031 like-kind exchange. Property owners can borrow against the home equity in their current property to make other investments.

How do I use my house as a tax write off? ›

Many U.S. homeowners can deduct what they paid in mortgage interest when they file their taxes each year. (The rule is that you can deduct a home mortgage's interest on the first $750,000 of debt, or $375,000 if you're married and filing separately.) You'll need to itemize your deductions on Schedule A (Form 1040).

What is an example of a tax shelter in real estate? ›

A tax shelter is also different than a tax haven, as tax havens are often more secretive and less transparent. Qualified retirement accounts, certain insurance products, partnerships, municipal bonds, and real estate investments are all examples of potential tax shelters.

How can I reduce my taxable income? ›

An effective way to reduce taxable income is to contribute to a retirement account through an employer-sponsored plan or an individual retirement account. Both health spending accounts and flexible spending accounts help reduce taxable income during the years in which contributions are made.

What are the tax benefits of real estate? ›

Tax Benefits Of Real Estate Investing: Top 6 Breaks And Deductions
  • Use Real Estate Tax Write-Offs. ...
  • Depreciate Costs Over Time. ...
  • Use A Pass-Through Deduction. ...
  • Take Advantage Of Capital Gains. ...
  • Defer Taxes With Incentive Programs. ...
  • Be Self-Employed Without The FICA Tax.
Jan 12, 2023

How does the IRS know if I have rental income? ›

Ways the IRS can find out about rental income include routing tax audits, real estate paperwork and public records, and information from a whistleblower. Investors who don't report rental income may be subject to accuracy-related penalties, civil fraud penalties, and possible criminal charges.

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.

How do millionaires avoid estate taxes? ›

Another way to bypass the estate tax is to transfer part of your wealth to a charity through a trust. There are two types of charitable trusts: charitable lead trusts (CLTs) and charitable remainder trusts (CRTs). If you have a CLT, some of the assets in your trust will go to a tax-exempt charity.

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

The two years don't need to be consecutive, but house-flippers should beware. If you sell a house that you didn't live in for at least two years, the gains can be taxable.

How much of cell phone bill is tax deductible? ›

If 30 percent of your time on the phone is spent on business, you could legitimately deduct 30 percent of your phone bill. In “Entrepreneur” magazine, writer Kristin Edelhauser recommends getting an itemized phone bill, so you can measure your business and personal use and prove your deduction to the IRS.

Can you deduct homeowners insurance? ›

You may look for ways to reduce costs including turning to your tax return. Some taxpayers have asked if homeowner's insurance is tax deductible. Here's the skinny: You can only deduct homeowner's insurance premiums paid on rental properties. Homeowner's insurance is never tax deductible your main home.

Is a new roof tax deductible? ›

Unfortunately, you are going to find that the answer to the question, “Is roof replacement tax deductible?”, will usually be “No.” You will not be able to claim a tax deduction on a new roof in most instances.

What is an abusive tax shelter? ›

An abusive tax shelter is a type of illegal investment that claims to reduce the investor's income tax liability without changing the value of the investor's income or assets. Abusive tax shelters serve no economic purpose other than lowering the federal or state tax owed by the investor.

Is rental property a good tax shelter? ›

Rental property often offers larger deductions and tax benefits than most investments. While owning rental property is an excellent way to invest capital, it also serves as a tax shelter. Rental property works like any other investment in that the profits earned are subject to tax.

What are two types of property that can be taxed? ›

There are two basic categories of property: real and personal. The assessment procedures and the tax rate will vary between these two categories.

How do high income earners reduce taxes? ›

Qualified retirement plan contributions.

Many employers offer qualified retirement savings plans such as 401(K), 403(b), and 457 plans to help attract qualified employees. If your employer offers one of these plans, this is one of the easiest ways for high-income earners to reduce taxes.

Why do I owe taxes if I claim 0? ›

There are a few reasons why you would still owe money if you have claimed zero on your tax forms. Some reasons are if you have additional income, have a spouse that earns income or if you earn bonuses or commissions.

Is it better to claim 1 or 0 on your taxes? ›

By placing a “0” on line 5, you are indicating that you want the most amount of tax taken out of your pay each pay period. If you wish to claim 1 for yourself instead, then less tax is taken out of your pay each pay period.

What is the Brrrr method? ›

The BRRRR (Buy, Rehab, Rent, Refinance, Repeat) Method is a real estate investment approach that involves flipping a distressed property, renting it out and then getting a cash-out refinance on it to fund further rental property investments.

What are the US tax benefits of home ownership? ›

Homeowners who itemize deductions may reduce their taxable income by deducting interest paid on a home mortgage. Taxpayers who do not own their homes have no comparable ability to deduct interest paid on debt incurred to purchase goods and services.

What is 20 pass through deduction? ›

The deduction allows eligible taxpayers to deduct up to 20 percent of their QBI, plus 20 percent of qualified real estate investment trust (REIT) dividends and qualified publicly traded partnership (PTP) income.

What are red flags for the IRS? ›

Some red flags for an audit are round numbers, missing income, excessive deductions or credits, unreported income and refundable tax credits. The best defense is proper documentation and receipts, tax experts say.

What happens if my expenses are more than my rental income? ›

When your expenses from a rental property exceed your rental income, your property produces a net operating loss. This situation often occurs when you have a new mortgage, as mortgage interest is a deductible expense.

Does the IRS know if I sold a house? ›

The Internal Revenue Service requires owners of real estate to report their capital gains. In some cases when you sell real estate for a capital gain, you'll receive IRS Form 1099-S. This form itself is sent to property sellers by real estate settlement agents, brokers or lenders involved in real estate transactions.

Does IRS forgive tax debt after 10 years? ›

Yes, after 10 years, the IRS forgives tax debt.

After this time period, the tax debt is considered "uncollectible". However, it is important to note that there are certain circ*mstances, such as bankruptcy or certain collection activities, which may extend the statute of limitations.

Is there a one time tax forgiveness? ›

One-time forgiveness, otherwise known as penalty abatement, is an IRS program that waives any penalties facing taxpayers who have made an error in filing an income tax return or paying on time. This program isn't for you if you're notoriously late on filing taxes or have multiple unresolved penalties.

Can a husband and wife have two separate primary residences? ›

For tax purposes, you'll have to designate one of the homes as your primary residence, even if it's an arbitrary choice. Typically, you cannot finance both homes as primary residences simultaneously.

Why do rich people put their homes in a trust? ›

To reduce income taxes and to shelter assets from estate and transfer taxes. To provide a vehicle for charitable giving. To avoid court-mandated probate and preserve privacy. To protect assets held in trust from beneficiaries' creditors.

How much money is ultra wealthy? ›

Other sources such as Credit Suisse define UHNWI as adults with wealth above USD 50 million. It is the wealth segment above very-high-net-worth individuals (greater than $5 million) and high-net-worth-individuals (greater than $1 million).

What states have no estate tax? ›

The states with no state estate tax as of January 1, 2020, are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North ...

What is capital gains tax on 200000? ›

= $
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

Can you reinvest real estate capital gains to avoid taxes? ›

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.

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.

How much of my car payment can I write off? ›

Car loan payments and lease payments are not fully tax-deductible. The general rule of thumb for deducting vehicle expenses is, you can write off the portion of your expenses used for business. So "no" you cannot deduct the entire monthly car payment from your taxes as a business expense.

Can I write off Internet if I work from home? ›

Who Can Deduct Internet Access? Internet for work is deductible on your taxes. However, it's important to remember that your Internet expenses are only deductible if you use them specifically for work purposes.

Can I write off my Internet bill? ›

Deduction on Schedule C

You can deduct your use of your home internet whether or not you claim the home-office deduction, as follows: If you claim the home-office deduction on your Form 1040, the internet expense goes on line 21 (utilities) of IRS Form 8829 as either a direct or an indirect expense.

Can I deduct my car insurance on my taxes? ›

Car insurance is tax deductible as part of a list of expenses for certain individuals. Generally, people who are self-employed can deduct car insurance, but there are a few other specific individuals for whom car insurance is tax deductible, such as for armed forces reservists or qualified performing artists.

Is a $2500 deductible good home insurance? ›

Is a $2,500 deductible good for home insurance? Yes, if the insured can easily come up with $2,500 at the time of a claim. If it's too much, they're better off with a lower deductible, even if it raises the amount they pay in premiums.

What is the most common deductible on homeowners insurance? ›

What Is the Standard Homeowners Insurance Deductible? Typically, homeowners choose a $1,000 deductible (for flat deductibles), with $500 and $2,000 also being common amounts. Though those are the most standard deductible amounts selected, you can opt for even higher deductibles to save more on your premium.

Can you claim a new HVAC system on your taxes? ›

But how do you go about it? The great news is you can claim it when you file your income taxes in 2021, so now is the time to act! The best part? For qualified HVAC improvements, homeowners might be able to claim 25c tax credits equal to 10% of the install costs (up to a maximum of $500).

How long does a 30 year roof really last? ›

The truth is, a 30-year shingle will not really last 30 years. The expected service life of a 30-year product, if properly cared for, is approximately 25 years. If it's not cared for properly, that 30 year shingle will only last 12 to 15 years. That's one of the big misconceptions in the roofing marketplace.

Are new appliances tax deductible? ›

Yes, kitchen upgrades are generally considered to be capital improvements under the IRS's guidelines. In fact, new kitchens, new kitchen appliances and new flooring can all qualify.

What are 3 examples of a tax shelter? ›

Qualified retirement accounts, certain insurance products, partnerships, municipal bonds, and real estate investments are all examples of potential tax shelters.

How does a tax shelter work? ›

What is a tax shelter? Tax shelters are ways individuals and corporations reduce their tax liability. Shelters range from employer-sponsored 401(k) programs to overseas bank accounts. The phrase “tax shelter” is often used as a pejorative term, but a tax shelter can be a legal way to reduce tax liabilities.

What is the Rescue Act taxes? ›

For those with children, the American Rescue Plan increased the Child Tax Credit from $2,000 per child to $3,000 per child for children over the age of six and $3,600 for children under the age of six – and raised the age limit from 16 to 17.

What is the 2% rule in real estate? ›

2% Rule. The 2% rule is the same as the 1% rule – it just uses a different number. The 2% rule states that the monthly rent for an investment property should be equal to or no less than 2% of the purchase price. Here's an example of the 2% rule for a home with the purchase price of $150,000: $150,000 x 0.02 = $3,000.

What is the most common tax shelter in real estate investing? ›

MACRS (Modified Accelerated Cost Recovery System) is the common choice for real estate investors, primarily because with this tax deduction, residential property is depreciated over 27.5 years, while appliances and fixtures are depreciated over 15.

What are the 3 types of personal property? ›

Personal property may be classified in a variety of ways.
  • Intangible.
  • Tangible.
  • Other distinctions.

How does Prop 13 affect property taxes? ›

Under Proposition 13, the property tax rate is fixed at 1% of assessed value plus any assessment bond approved by popular vote.

How do I avoid taxes on a large sum of money? ›

Strategies to Minimize Taxes on a Lump-Sum Payment
  1. Tax-Loss Harvesting. Tax-loss harvesting allows you to lock in investment losses for the express purpose of lowering your taxable income. ...
  2. Deductions and Credits. ...
  3. Donate To Charity. ...
  4. Open a Charitable Lead Annuity Trust. ...
  5. Use a Separately Managed Account.
Mar 23, 2023

What is considered a high earner? ›

Based on that figure, an annual income of $500,000 or more would make you rich. The Economic Policy Institute uses a different baseline to determine who constitutes the top 1% and the top 5%. For 2021, you're in the top 1% if you earn $819,324 or more each year. The top 5% of income earners make $335,891 per year.

What happens if you owe the IRS more than $25000? ›

For individuals, balances over $25,000 must be paid by Direct Debit. For businesses, balances over $10,000 must be paid by Direct Debit. Apply online through the Online Payment Agreement tool or apply by phone or by mail by submitting Form 9465, Installment Agreement Request.

How long do you have to pay the IRS if you owe taxes? ›

Also, your proposed payment amount must full pay the assessed tax liability within 72 months or satisfy the tax liability in full by the Collection Statute Expiration Date (CSED), whichever is less.

Do you get more money claiming 1 or 2? ›

Claiming 1 reduces the amount of taxes that are withheld from weekly paychecks, so you get more money now with a smaller refund. Claiming 0 allowances may be a better option if you'd rather receive a larger lump sum of money in the form of your tax refund.

What is the difference in claiming 0 or 2 on taxes? ›

Claiming zero allowances means less take home pay, but a bigger tax refund during tax season. The number you report on a W-4 will ultimately determine your take home pay and your tax refund. Don't write down any number. Take the few extra minutes to really assess your situation and fill in the W-4 accordingly.

Can you write off money you invest in a business? ›

Investment tax credits are basically a federal tax incentive for business investment. They let individuals or businesses deduct a certain percentage of investment costs from their taxes. These credits are in addition to normal allowances for depreciation.

Can you write off rent on taxes if you work from home? ›

You can also deduct a portion of your actual expenses – such as mortgage interest or rent, utilities and homeowners insurance (based on the percentage of your home's square footage that you used as a home office) – for the months you worked from home.

How much can you write off on a second home? ›

Mortgage interest deduction

Single filers and married couples filing jointly can deduct mortgage interest up to a total of $750,000 from all properties they own, including a principal residence and their second homes. This is subject to change in 2025, when the Tax Cuts and Jobs Act is scheduled to expire.

Can you write off home improvements? ›

When you make a home improvement, such as installing central air conditioning or replacing the roof, you can't deduct the cost in the year you spend the money. But, if you keep track of those expenses, they may help you reduce your taxes in the year you sell your house.

Can I write off money I invest in an LLC? ›

Business Startup Costs

This deduction is ideal for new businesses that have invested money to form and start their LLCs. New businesses can deduct up to $5,000 in taxes for startup costs and an additional $5,000 in organizational costs.

Is putting money into an LLC tax-deductible? ›

If your LLC has only one member and your startup costs are $5,000 or less, you may deduct $5,000 in organizational expenses in your first year. If your costs exceed this amount, though, you have to capitalize all of these expenses and they are not deductible until you dissolve your LLC.

Can you write off a bad investment in an LLC? ›

Yes. Your LLC losses pass through to your personal income tax where you can write off the loss.

Can I write off my car payment? ›

Car loan payments and lease payments are not fully tax-deductible. The general rule of thumb for deducting vehicle expenses is, you can write off the portion of your expenses used for business. So "no" you cannot deduct the entire monthly car payment from your taxes as a business expense.

What are the 3 general rules for qualifying your home office as a business expense? ›

Regularly and Exclusively
  • The inventory you're storing is what you sell as part of your business.
  • You keep the inventory or product samples that you sell in your home.
  • Your home (where you store the products) is the only fixed location of your business.
  • You use the storage space on a regular basis for business.
Sep 19, 2022

Can you have two primary residences? ›

Can you have two primary residence mortgages? No, you cannot legally have two primary residences. Even if you split your time equally between two places or in between places while relocating for work, the IRS requires you list one property as a primary residence while filing taxes.

Is buying a second home a tax write off? ›

Mortgage interest paid on a second residence used personally is deductible as long as the mortgage satisfies the same requirements for deductible interest as on a primary residence.

What is the most property tax you can deduct? ›

If you itemize your deductions, you can deduct the property taxes you pay on your main residence and any other real estate you own. The total amount of deductible state and local income taxes, including property taxes, is limited to $10,000 per year.

Can you write off a new AC unit on your taxes? ›

You can claim 30% of the project cost, up to a $600 maximum credit. The air conditioner must meet the following efficiency requirements: Split Systems: ENERGY STAR certified* equipment with SEER2 ≥ 16.

What can you write off as a homeowner? ›

Let's dive into the tax breaks you should consider as a homeowner.
  • Mortgage Interest. If you have a mortgage on your home, you can take advantage of the mortgage interest deduction. ...
  • Home Equity Loan Interest. ...
  • Discount Points. ...
  • Property Taxes. ...
  • Necessary Home Improvements. ...
  • Home Office Expenses. ...
  • Mortgage Insurance. ...
  • Capital Gains.

Is a bathroom remodel tax deductible? ›

But with that, you might be wondering: Is a bath remodel tax deductible? The short answer is no, as most remodeling projects completed at your personal residence can't be written off. However, there are certain cases that can qualify your bath remodel as tax deductible.

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