Selling a home: Will you owe tax on the profit? NIIT - CSH (2024)

September 15, 2021

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Many homeowners across the country have seen their home values increase recently. According to the National Association of Realtors, the median price of homes sold in July of 2021 rose 17.8% over July of 2020. The median home price was $411,200 in the Northeast, $275,300 in the Midwest, $305,200 in the South and $508,300 in the West.

Be aware of the tax implications if you’re selling your home or you sold one in 2021. You may owe capital gains tax and net investment income tax (NIIT).

Gain exclusion

If you’re selling yourprincipal residence, and meet certain requirements, you can exclude from tax up to $250,000 ($500,000 for joint filers) of gain.

To qualify for the exclusion, you must meet these tests:

  • You must have owned the property for at least two years during the five-year period ending on the sale date.
  • You must have used the property as a principal residence for at least two years during the five-year period. (Periods of ownership and use don’t need to overlap.)

In addition, you can’t use the exclusion more than once every two years.

Gain above the exclusion amount

What if you have more than $250,000/$500,000 of profit? Any gain that doesn’t qualify for the exclusion generally will be taxed at your long-term capital gains rate, provided you owned the home for at least a year. If you didn’t, the gain will be considered short term and subject to your ordinary-income rate, which could be more than double your long-term rate.

If you’re selling a secondhome (such as a vacation home), it isn’t eligible for the gain exclusion. But if it qualifies as a rental property, it can be considered a business asset, and you may be able to defer tax on any gains through an installment sale or a Section 1031 like-kind exchange. In addition, you may be able to deduct a loss.

The NIIT

How does the 3.8% NIIT apply to home sales? If you sell your main home, and you qualify to exclude up to $250,000/$500,000 of gain, the excluded gain isn’t subject to the NIIT.

However, gain that exceeds the exclusion limit is subject to the tax if your adjusted gross income is over a certain amount. Gain from the sale of a vacation home or other second residence, which doesn’t qualify for the exclusion, is also subject to the NIIT.

The NIIT applies only if your modified adjusted gross income (MAGI) exceeds: $250,000 for married taxpayers filing jointly and surviving spouses; $125,000 for married taxpayers filing separately; and $200,000 for unmarried taxpayers and heads of household.

Two other tax considerations

  1. Keep track of your basis.To support an accurate tax basis, be sure to maintain complete records, including information about your original cost and subsequent improvements, reduced by any casualty losses and depreciation claimed for business use.
  2. You can’t deduct a loss.If you sell your principal residence at a loss, it generally isn’t deductible. But if a portion of your home is rented out or used exclusively for business, the loss attributable to that part may be deductible.

As you can see, depending on your home sale profit and your income, some or all of the gain may be tax free. But for higher-income people with pricey homes, there may be a tax bill. We can help you plan ahead to minimize taxes and answer any questions you have about home sales.

All content provided in this article is for informational purposes only. Matters discussed in this article are subject to change. For up-to-date information on this subject please contact a Clark Schaefer Hackett professional. Clark Schaefer Hackett will not be held responsible for any claim, loss, damage or inconvenience caused as a result of any information within these pages or any information accessed through this site.

Selling a home: Will you owe tax on the profit? NIIT - CSH (2024)

FAQs

Do you pay net investment income tax on sale of home? ›

Net investment income generally does not include wages, unemployment compensation, Social Security Benefits, alimony, and most self-employment income. Additionally, net investment income does not include any gain on the sale of a personal residence that is excluded from gross income for regular income tax purposes.

Is profit from the sale of a house considered taxable income? ›

In California, capital gains from the sale of a house are taxed by both the state and federal governments. The state tax rate varies from 1% to 13.3% based on your tax bracket. The federal tax rate depends on whether the gains are short-term (taxed as ordinary income) or long-term (based on the tax bracket).

At what income does the 3.8 surtax kick in? ›

The threshold is $250,000 for joint filers, $125,000 for married filing separately, and $200,000 for all other filers. Net investment income includes the following items of income reduced by applicable expenses: interest, dividends, capital gains, annuities, royalties, and passive rental and business income.

How do I avoid 3.8% investment tax? ›

Sell investments at a loss to offset investment gains. Defer capital gain, such as selling the investment in the future instead of selling it now. Use Section 1031 like-kind exchange which is selling an investment property and using that money to buy another investment property.

What income is excluded from NIIT? ›

The NIIT doesn't apply to wages, unemployment compensation, or income from a nonpassive business. The NIIT also doesn't apply to certain types of income that taxpayers can The NIIT doesn't apply to wages, unemployment compensation, or income from a nonpassive business.

Do you pay net investment income tax on capital gains? ›

Net investment income includes:

Capital gains (short- and long-term) Dividends (qualified and nonqualified) Taxable interest. Rental and royalty income.

What happens when you sell a house and make a profit? ›

If you owned and lived in the home for a total of two of the five years before the sale, then up to $250,000 of profit is tax-free (or up to $500,000 if you are married and file a joint return). If your profit exceeds the $250,000 or $500,000 limit, the excess is typically reported as a capital gain on Schedule D.

Does selling a house count as income for Obamacare? ›

You don't need to include a capital gain if it's from the sale of your main home you owned for at least 5 years (and the profit is less than $250,000). Report any capital gains noted in Form 1099-DIV, which you should get from some companies, like mutual funds, before the tax filing deadline.

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.

Does the 3.8 Obamacare tax apply to capital gains? ›

2024 UPDATE

Many investors selling real estate or other high value investments are often surprised to find out that their tax liability could be subject to an extra 3.8% surtax in addition to the applicable short-term or long-term capital gains tax rates.

What is included in net investment income for 3.8 tax? ›

Overview of the NIIT

The NIIT is equal to 3.8% of the net investment income of individuals, estates, and certain trusts. Net investment income includes interest, dividends, annuities, royalties, certain rents, and certain other passive business income not subject to the corporate tax.

How is NIIT tax calculated? ›

Accordingly, the net investment income tax (NIIT) will take a 3.8% bite out of a portion of your investment earnings. There are, however, a number of restrictions on what the NIIT does and doesn't apply to. Take a look through our detailed guide below for more insight.

What is exempt from NIIT? ›

Wages, self-employment income, unemployment compensation, business income from nonpassive sources, Social Security benefits, tax-exempt interest, and qualified pension, annuity, and individual retirement account distributions are excluded when calculating the net investment income tax.

Who has to pay NIIT tax? ›

The net investment income tax (NIIT) is a 3.8% tax that kicks in if you have investment income and your income exceeds $200,000 for single filers, $250,000 for those married filing jointly or $125,000 for those married filing separately.

What is the NIIT tax for 2024? ›

However, with proactive planning, you may be able to reduce the amount you owe on your 2024 federal income tax return. The 3.8% NIIT is applied to the lesser of: The amount by which your modified adjust gross income (MAGI) exceeds the applicable threshold, or. Your net investment income.

Is the sale of real estate subject to NIIT? ›

The NIIT is a 3.8% income tax on unearned income (income other than from a job or business). It was implemented with the passing of Obamacare. Net rental income is subject to the NIIT and so is the capital gain on the sale of rental property.

Who needs to pay net investment income tax? ›

The net investment income tax (NIIT) is a 3.8% tax that kicks in if you have investment income and your income exceeds $200,000 for single filers, $250,000 for those married filing jointly or $125,000 for those married filing separately.

Does net investment tax apply to sale of second home? ›

121(d)(6)) is included in net investment income. Gains from sales of second homes are subject to the tax.

Does NIIT apply to depreciation recapture? ›

While depreciation recapture is taxed purely based on the difference between the tax basis after claimed depreciation, NIIT is taxed on the entire gain of a sale.

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