Tax when you sell your home (2024)

You do not pay Capital Gains Tax when you sell (or ‘dispose of’) your home if all of the following apply:

  • you have one home and you’ve lived in it as your main home for all the time you’ve owned it
  • you have not let part of it out - this does not include having a lodger
  • you have not used a part of your home exclusively for business purposes (using a room as a temporary or occasional office does not count as exclusive business use)
  • the grounds, including all buildings, are less than 5,000 square metres (just over an acre) in total
  • you did not buy it just to make a gain

If all these apply you will automatically get a tax relief called Private Residence Relief and will have no tax to pay. If any of them apply, you may have some tax to pay.

Find out if you’re eligible for Private Residence Relief.

Married couples and civil partners can only count one property as their main home at any one time.

The rules are different if you sell property that’s not your home or if you live abroad.

Tax when you sell your home (2024)

FAQs

Do I pay taxes to the IRS when I sell my house? ›

If you do not qualify for the exclusion or choose not to take the exclusion, you may owe tax on the gain. Your gain is usually the difference between what you paid for your home and the sale amount. Use Selling Your Home (IRS Publication 523) to: Determine if you have a gain or loss on the sale of your home.

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.

How long do you have to live in a house to avoid capital gains tax IRS? ›

You must have lived in the house for at least two years in the five-year period before you sold it. Owning the home isn't enough to avoid capital gains on the sale — the IRS also wants to make sure that you actually intended to live in the house, at least for a certain period of time.

Do I have to pay taxes on gains from selling my house in NJ? ›

You will report any income earned on the sale of property as a capital gain. When filing your New Jersey Tax Return, a capital gain is calculated the same way as for federal purposes. Any amount that is taxable for federal purposes is taxable for New Jersey purposes.

Does selling your house count as income? ›

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.

Do I have to report to IRS if I sell my house? ›

Reporting the Sale

Report the sale or exchange of your main home on Form 8949, Sale and Other Dispositions of Capital Assets, if: You have a gain and do not qualify to exclude all of it, You have a gain and choose not to exclude it, or. You received a Form 1099-S.

How do I avoid capital gains tax on the sale of my home? ›

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.

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.

How long do you have to reinvest your money after selling a house? ›

A: You can defer capital gains taxes by using a tax deferred exchange, which means that you reinvest the windfall from the sale into a replacement property. However, you need to act quickly. If you wait more than 180 days to reinvest, you will have to pay taxes on the proceeds.

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.

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.

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'.

How do I avoid paying NJ exit tax? ›

New Jersey exit tax exemptions

If you remain a New Jersey resident, you'll need to file a GIT/REP-3 form (due at closing), which will exempt you from paying estimated taxes on the sale of your home. Instead, any applicable taxes on sales gains are reported on your New Jersey Gross Income Tax Return.

Who pays exit tax in NJ? ›

Who is responsible for paying the New Jersey Exit Tax? Sellers moving out of state would need to pay the NJ Exit tax, meaning they have to prepay the estimated tax owed on the sale of their property. However, there are exemptions.

What do I pay when I sell my house in NJ? ›

Transfer taxes: Sellers also pay New Jersey's state transfer tax, which equals 1 percent of the home's sale price. On a median-priced home, that's $5,365. Property taxes and HOA fees: You're responsible for paying property taxes and homeowners association fees until the sale closes.

Who is responsible for filing a 1099s after closing? ›

When you're filing out a 1099-s form, a transferor is any person responsible for closing a real estate transaction. Sometimes, the transferor is responsible for filling out the form, while other times, the mortgage lender is responsible for filling it out.

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

Deferring Capital Gains Tax: Buying another home after selling an investment property within 180 days can defer capital gains taxes.

How to avoid paying capital gains tax on inherited property? ›

Here are five ways to avoid paying capital gains tax on inherited property.
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

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