Capital gains tax may apply to real estate sales.
Capital gains tax is due when assets are sold for more than they were originally paid. Capital gains tax can be applied to securities such as stocks and bonds, or tangible assets such as real estate. Capital gains tax is charged on any profit earned from the sale of an asset. This is the difference between the adjusted basis and the actual price.
The adjusted basis shows you how much the asset cost. It is the amount you paid for the asset plus any adjustments to reflect changes in its value over time.
Many homeowners can avoid capital gains tax by the IRS when they sell their primary residence. However, you might have to pay capital gain tax on your second home or rental property. If your primary residence has been vacant for less than 2 years or its value has increased significantly, you may be subject to capital gains tax.
Capital gains tax on real estate
There are many factors that affect how much capital gains tax you have to pay when you sell your property.
- If the property has been yours for longer than one year, you might be able to get a lower rate.
- If the property has been owned for less than a year, you will not be able to gain any income tax. You pay income tax according to your tax bracket just like you would on other income.
Your income level, tax filing status and whether you have short-term or long-term gains will affect the rate that you pay.
Exclusion from primary residences
The IRS allows you to avoid capital gains tax for the first $250,000 of gains from the sale or purchase of your primary residence. For married couples filing jointly, $500,000 is the maximum.
This exclusion is usually granted to those who have lived in the home for at least two consecutive years. This exclusion can be taken only once every two years.
When are capital gains taxes due?
If you make a capital gain, you may be subject to capital gains tax. If the sale price of the property is higher than its adjusted basis, you may have to pay capital gains tax.
If you sell your primary residence, you might be subject to capital gains tax. This could occur if the home has been your primary residence for less than five years, or if gains from a previous sale of your home within the last two years have not been excluded.
If you rented your home out, you might also be subject to capital gains tax. If your gains exceed $250,000, or $500,000 if filing jointly with a spouse, you might owe capital gain tax on your primary residence.
Taxes on capital gains for primary residences vs. rentals
It is possible to exempt capital gains from a primary residence. However, this does not apply to rental properties. A rental property could result in a higher tax bill.
You may also have taken an income tax deduction every year or depreciated a rental home to reflect the property’s declining value. The IRS requires that you lower the property’s base by the maximum amount of depreciation allowed, regardless of whether you took this deduction.
Your gain on the sale will be greater if you reduce the basis. A 25% tax rate may apply to the depreciation portion of the gain. You may also have to pay net investment income tax at 3.8% on the sale or rental of a property. If your income exceeds a certain limit, this tax is applied to capital gains and other investment income.
How can you avoid capital gains tax on real property
You may be able do some things to reduce or avoid capital gains tax if you look like you will be subject to a capital gains bill for a real estate transaction.
You’re considering selling your primary residence.
Capital gains tax may apply to the sale of a primary residence if you haven’t lived there for a long time or you exempted gains from a home sales in the past two years. If you are in these situations, it might be worth waiting and making the home your primary residence to avoid the capital gains tax.
Long-term capital gains rates are generally lower than short term gains. Therefore, holding on to a property for at most one year can reduce your tax bill as opposed to selling it before the year is up.
You’re renting a property?
You might consider moving into a rental property to make it your primary residence until you are eligible for the primary residence exclusion. You won’t get the full benefits of the exclusion if you don’t exclude gains that are equal to or greater than the time you rented the property.
You might also be able to delay paying capital gains taxes on rental properties if the proceeds are used to purchase another rental property in the U.S., in what the IRS calls an exchange of like-kind.
This will only work if you decide on the property you want to buy within 45 days. You must also take possession of the property 180 days after selling your rental property. You can only exchange like-kind property for another rental property. This means you cannot use this method to purchase a home for yourself.
Selling a house or renting a property?
You can reduce your tax liability whether you sell a house or rent a property. From the purchase of the property, you can add settlement fees or closing costs to the basis. The cost of any improvements or additions can be added to the property’s purchase price. You can also add the cost of additions and improvements to your property to qualify for improvement. If the work was part of a larger remodel, you can add repairs. To offset some of the gains from the sale of real estate, you may consider selling your investment.
Next steps
It’s a good idea to speak with a financial advisor or real estate attorney if you believe you will owe capital gains taxes on a property sale. These professionals can help you understand and answer any questions about the tax implications of your sale. If you owe capital gains taxes, you may need to make estimated payments.
FAQs
How does capital gains tax on real estate be calculated?
Capital gains tax is the difference between the property’s sale price and its adjusted basis. The adjusted basis is the original price you paid for the property. There may be adjustments to increase or decrease that amount. The tax rate multiplies this gain, depending on factors such as your income tax bracket or how long you have owned the property.
What’s the capital gains tax rate on real estate in 2023?
The tax rate you pay depends on many factors such as your income and filing status. Your tax bracket will determine how short-term capital gains are treated. While most people will not pay more than 15% for long-term capital gain, high earners may be subject to a 20% tax.
Who is exempted from capital gains?
Capital gains tax is not required for the first $250,000 of gains from the sale or $500,000 if you are married filing jointly. The property must have been your primary residence for at least two years. You can’t use this exclusion more often than once every two year.