Capital gains taxes on property can be a complex and intimidating topic, but don't worry, we've got you covered. In the United States, the tax rate on capital gains from property sales is determined by the length of time the property was owned.
If you've owned the property for one year or less, the capital gains tax rate is the same as your ordinary income tax rate, which can range from 10% to 37%. This is often referred to as the "short-term capital gain" rate.
For properties owned for more than one year, the capital gains tax rate is generally 15% or 20%, depending on your income tax bracket. This is often referred to as the "long-term capital gain" rate.
What Are Capital Gains Taxes?
Capital gains taxes are a reality you'll face when selling investments that have increased in value. You'll need to pay taxes on the profits, which are subject to taxation at both the federal and state levels.
The amount of taxes you owe will depend on the type of investment you're selling and how long you've held it. If you've held an investment for less than a year, you'll be subject to short-term capital gains taxes.
You'll only have to pay capital gains taxes after selling an investment, not on the money you make from it. This means you can keep earning interest on your investments without paying taxes on the gains until you sell.
The good news is that you might be able to lower your capital gains taxes by selling an investment that's losing money.
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Capital Gains Tax Rates
Capital gains tax rates can be complex, but understanding them is crucial when selling property. The rates differ depending on the type of property and how long you've held it.
For investment property, a 25 percent capital gains rate applies to the part of the gain from selling real estate you depreciated. This rule keeps you from getting a double tax break on the same asset.
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Some assets, like small business stock and collectibles, are subject to a maximum 28 percent rate. This includes proceeds from the sale of works of art, NFTs, antiques, gems, stamps, coins, precious metals, wine or brandy collections.
Tax rates for long-term gains can change, so it's essential to meet with your tax and financial advisor regularly to stay up-to-date. Back in the late 1970s, the maximum long-term capital gains rate rose to near 40% for some investors with the biggest gains.
The long-term capital gains tax rate is currently not changing, but the income required to qualify for each bracket goes up each year to account for workers' increasing incomes. Here are the details on capital gains rates for the 2024 and 2025 tax years:
Short-term capital gains, on the other hand, are taxed at the same rates as ordinary income. The 2024-2025 tax brackets are 10 percent, 12 percent, 22 percent, 24 percent, 32 percent, 35 percent, and 37 percent.
Short-Term vs Long-Term
Short-term capital gains tax is a tax applied to profits from selling an asset you've held for less than a year. This tax is paid at the same rate as your ordinary income, such as wages from a job.
Short-term capital gains tax rates are the same as your income tax rate, making it a straightforward calculation. You don't have to worry about different tax brackets or rates.
Long-term capital gains tax, on the other hand, is a tax applied to assets held for more than a year. The good news is that these rates are typically much lower than the ordinary income tax rate.
Here's a comparison of short-term and long-term capital gains tax rates:
Keep in mind that there are specific rules for sales of real estate and other types of assets, which are governed by their own set of rules.
Strategies for Minimizing Taxes
There are ways to reduce or avoid capital gains taxes on a home sale. The IRS offers a few scenarios to avoid capital gains taxes when selling your house.
One scenario is if you've lived in the property for at least two of the five years leading up to the sale, you may be eligible for an exemption. This can save you a significant amount of money in taxes.
Another way to minimize taxes is to consider the property type. If you're selling a primary residence, you might be able to avoid capital gains taxes altogether.
Strategies
You can avoid capital gains taxes on a home sale altogether by considering the property type and your filing status.
The IRS offers a few scenarios to avoid capital gains taxes when selling your house. One option is to reinvest the sale proceeds into a new investment opportunity through a 1031 exchange.
A 1031 exchange allows you to postpone your capital gains taxes indefinitely. This can be a huge benefit for real estate investors.
You can also transfer assets into an opportunity zone to enjoy a step-up in basis after 5 years. After 10 years, the gains become tax-free.
Deduct Expenses
If you're looking to minimize your taxes after selling a property, deducting expenses is a crucial step. You can deduct the cost of repairs to a home or investment property, which can help lower your taxable profit or gains.
Improvements and upgrades, such as adding a bedroom or renovating a kitchen, are also eligible for deductions. Keeping organized records and documents, including receipts, bills, invoices, and credit card statements, is essential to support your expense claims in case you're audited.
Some other qualifying deductions include losses in investment property income due to tenants unable to pay rent, and the cost of legal, professional, and advertising fees to evict a tenant or find a new one. Closing costs from the property sale are also deductible.
Here are some qualifying deductions to consider:
- The cost of repairs to a home or investment property
- Improvements and upgrades, such as adding a bedroom or renovating a kitchen
- Losses in investment property income due to tenants unable to pay rent
- Cost of legal, professional and advertising fees to evict a tenant or find a new one
- Closing costs from the property sale
Remember to keep thorough records of your expenses to ensure you're taking advantage of all the deductions you're eligible for.
Tax Implications for Specific Situations
If you've owned and lived in your home for at least two out of the five years prior to the sale, you can exempt up to $250,000 in profits from capital gains taxes if you're single, or up to $500,000 if you're married filing jointly.
You can also get a "step up in basis" if you inherit a home, which means you'll automatically get a stepped-up basis equal to the market value of the home.
If you've owned the inherited home for more than two years and used it as your primary residence, you won't pay any capital gains taxes.
Home Sale Pitfalls to Avoid
Selling a home can be a complex process, and it's essential to be aware of the potential pitfalls to avoid costly mistakes. You'll need to report the home sale and potentially pay a capital gains tax on the profit, which can range from 0% to 37% depending on your income level.
If you've owned the home for less than two years, you won't be eligible for the capital gains exclusion, which can save you up to $250,000 in taxes. This exclusion only applies to primary residences, not investment properties.
To qualify for the exclusion, you must have lived in the home for at least two out of the five years leading up to the sale. If you've inherited a home, you won't get the exclusion unless you've owned it for at least two years as your primary residence.
You can also try to minimize your tax burden by selling the home strategically, but this requires careful planning and may not always be possible. If you're a high-income earner, you may also be subject to the net investment income tax (NIIT), which adds an extra 3.8% tax on investment income, including capital gains.
Here's a breakdown of the tax rates and brackets for short-term and long-term capital gains:
Keep in mind that these rates and brackets are subject to change, and you should always check the current tax laws and regulations before making any decisions.
Opportunity Zones
Opportunity zones are areas around the country identified as economically disadvantaged. The 2017 Tax Cuts and Jobs Act created these zones.
Investing in a designated low-income community can provide tax benefits. You'll get a step up in tax basis after the first five years.
Any gains from investing in an opportunity zone after 10 years will be tax-free. This can be a significant advantage for investors.
Tax Benefits and Exemptions
You can avoid paying capital gains taxes on the first $250,000 of your profits if you're single, and up to $500,000 if married and filing jointly, when selling your primary residence. This exemption is only available once every two years.
To qualify for this exemption, you'll need to prove the property was your main home where you lived most of the time. You'll need to show you owned the home for at least two years and lived in the property as your primary residence for at least two of the five years immediately preceding the sale.
You don't have to show you lived in the home the entire time you owned it, and you can even rent it out for a few years before moving back in to establish primary residency.
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Key Concepts and Terms
Capital gains tax is a levy imposed by the IRS on the profits made from selling an investment or asset, including real estate. It's calculated by subtracting the asset's original cost or purchase price (the "tax basis") from the final sale price.
The tax basis includes any expenses incurred, such as closing costs or home improvements. This means that if you spent $10,000 on renovations, that amount can be subtracted from the sale price to reduce your taxable gain.
Special rates apply for long-term capital gains on assets owned for over a year. The long-term capital gains tax rates are 15 percent, 20 percent, and 28 percent (for certain special asset types, like small business stock collectibles), depending on your income.
You can calculate your long-term capital gains tax rate by considering your income level and the type of asset you're selling. For example, if you're in the 15 percent tax bracket and selling a long-term asset, you'll pay 15 percent on your capital gain.
Here's a breakdown of the long-term capital gains tax rates:
Real estate, including residential real estate, counts as a taxable asset. Therefore, any financial gains from a home sale must be reported to the IRS.
Financial Impact and Planning
The financial impact of capital gains taxes on property can be significant. The tax rate you pay on your capital gains depends in part on how long you hold the asset before selling.
If you hold an asset for a short period of time, typically one year or less, your capital gains will be taxed as ordinary income, which can be as high as 37% at the federal level.
Holding an asset for a longer period, typically more than one year, can qualify your capital gains for a lower tax rate. This can be a good strategy for investors who are looking to minimize their tax liability.
The IRS taxes capital gains at the federal level, and some states also tax capital gains at the state level. This means that your total tax liability can be higher than just the federal tax rate alone.
It's essential to plan ahead and consider the tax implications of your investment decisions to avoid unexpected tax bills.
Sources
- IRS Publication 544 (irs.gov)
- IRS Publication 550 (irs.gov)
- Short-Term vs. Long-Term Capital Gains Tax (schwab.com)
- 2024 Capital Gains Tax Calculator - Long-Term & Short- ... (smartasset.com)
- Publication 544 (irs.gov)
- capital gains tax rates (irs.gov)
- qualify as your primary residence (irs.gov)
- opportunity zones (irs.gov)
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