You can avoid paying capital gains tax on the sale of your home by using the primary residence exemption, which allows you to exclude up to $250,000 of the gain from tax.
This exemption is available to single homeowners and up to $500,000 for married couples who have lived in the home for at least two of the five years leading up to the sale.
To qualify, you must have used the home as your primary residence for at least two of the five years preceding the sale, and you can't have excluded the gain from a previous home sale in the two-year period ending on the date of the current sale.
You can also use the primary residence exemption to exclude gain from the sale of a home that you inherited or received as a gift.
For more insights, see: Gain Weight Quiz
Understanding Capital Gains Taxes
In 1997, the maximum exclusion levels for capital gains were added to the tax code, but they weren't indexed to inflation. This means that the amounts we see today, $250,000 for single filers and $500,000 for married couples, are still the same as they were back then.
As a result, many homeowners are exceeding these limits, especially in higher-priced markets, because of inflation. A $250,000 or $500,000 gain is not uncommon today, which can leave sellers on the hook for a large capital gains tax on the sale.
What Is Capital Gains Tax
Capital gains tax is a type of tax levied on the profit made from selling an asset, such as a house, that has increased in value over time.
The federal tax law sets a maximum exclusion amount on capital gains of $250,000 for single filers and $500,000 for married couples.
Many homeowners have seen huge gains in the value of their residences over the years, which can lead to a large capital gains tax on the sale.
In 1997, the maximum exclusion levels were added to the tax code, but they were not indexed to inflation, which means they have not kept pace with rising property values.
As a result, gains of much more than $250,000 or $500,000 are not uncommon, especially in higher-priced markets.
Expand your knowledge: How to Increase Home Value
Eligible Types
Mobile homes and trailers are eligible for the home sale exclusion, making them a great option for those looking to avoid capital gains taxes.
Houseboats are also eligible, which is a unique benefit for those who own a boat that doubles as a home.
Condominiums and single-family homes are eligible, providing a wide range of options for homeowners.
Cooperative apartments are also eligible, which is a great option for those who live in a co-op building.
Here's a list of eligible types of homes:
- Mobile homes
- Trailers
- Houseboats
- Condominiums
- Single-family homes
- Cooperative apartments
Qualifying for Exemptions
To qualify for exemptions on capital gains taxes when selling your home, you must meet certain tests, including living in the house for at least two of the last five years and owning it for at least two of the last five years.
You may need to delay a home sale if you don't meet these requirements, but renting out your primary residence for a period before a sale can disqualify you from the exclusion, potentially losing a portion or all of it.
If you're eligible, you can exclude up to $250,000 in gains from a home sale if you're single, and up to $500,000 if you're married filing jointly.
You may still qualify for a partial exclusion based on the time you lived in the property if you don't meet the 2-year ownership and use requirement due to unforeseen circumstances like a job change or health problems.
Unique circumstances that qualify you for a partial exclusion include being on qualified official extended duty for the U.S. military, the Foreign Service, or the intelligence community.
To be eligible for the exclusion, you must have owned and used the property as your primary residence for at least 2 of the 5 years preceding the sale.
Here are the key requirements to qualify for the exclusion:
- Owned and used the property as your primary residence for at least 2 of the 5 years preceding the sale.
- Not excluded another home from capital gains in the 2-year period before the home sale.
- Not claimed the home sale capital gains exclusion recently (not within the 2-year period before the sale).
Cost Basis and Exclusion
To avoid capital gains taxes on the sale of your home, understanding cost basis and exclusion is crucial. You can think of cost basis as the total cost of buying the property, which is subtracted from the net sales price to determine capital gains tax liability.
The cost basis rarely stays the same over time, and once it's changed, it becomes the adjusted basis. Several factors can increase or decrease the adjusted basis, such as the cost of additions and improvements to the house, money spent to restore the property after damages or loss, and legal fees incurred in relation to the property.
You can increase the adjusted basis by adding the cost of repairs or renovations you made to an investment property to improve the final selling price of the home. Keep documentation such as mortgage statements, bills, deeds of sale, credit card statements, and other similar papers to prove how much you spent.
Here are the key factors to consider when calculating your cost basis:
- Increases in adjusted basis: cost of additions and improvements, money spent to restore the property, and legal fees
- Decreases in adjusted basis: receipt of insurance payments due to a casualty loss or theft, tax credits for home energy improvements
You may be able to exclude a portion of the gains from your home sale on your taxes if you meet certain rules, such as owning and using the property as your main residence for at least two years in the five-year period before you sell it. If you meet these rules, you can exclude up to $250,000 in gains from a home sale if you're single, and up to $500,000 if you're married filing jointly.
Cost Basis Factors
The cost basis of your home is like a baseline, and it's used to determine capital gains tax liability when you sell. It's the total cost of buying the property, and it rarely stays the same over time.
To calculate the cost basis, you start with the purchase price. Several factors can increase or decrease the adjusted basis over time.
Increases in adjusted basis can result from additions and improvements to the house, such as a new roof or a renovated kitchen. You can also add money spent to restore the property after damages or loss, like repairs after a storm. Legal fees incurred in relation to the property, such as closing costs, can also increase the adjusted basis.
Decreases in adjusted basis can result from receiving insurance payments due to a casualty loss or theft. You can also subtract tax credits for home energy improvements, such as installing solar panels.
Here are some examples of factors that can increase or decrease the adjusted basis:
- Increases: additions and improvements, restoration costs, legal fees
- Decreases: insurance payments, tax credits for home energy improvements
Exclusion Amount
The exclusion amount is a crucial factor in determining how much you can save on taxes when selling your home. You can exclude up to $250,000 in gains from a home sale if you're single, and up to $500,000 if you're married filing jointly.
To qualify for this exclusion, you must have owned and used the property as your primary residence for at least two years in the five-year period before you sell it. This means that if you've lived in your home for at least two years, you may be eligible for this exclusion.
The exclusion amount is also determined by your filing status. If you're single, you can exclude up to $250,000, while married couples filing jointly can exclude up to $500,000. This can result in significant tax savings, especially if you've lived in your home for a long time.
Here's a quick rundown of the exclusion limits:
Remember to keep documentation of your home ownership and residency, as you'll need to prove that you've met the eligibility requirements for the exclusion.
Reducing Capital Gains
You can reduce your capital gains tax liability by deducting costs incurred during the sale of your investment property. These costs include repairs or renovations made to improve the final selling price of the home.
To qualify for these deductions, keep documentation such as mortgage statements, bills, deeds of sale, credit card statements, and other similar papers to prove how much you spent.
Consider reinvesting sale proceeds into a new investment opportunity through a 1031 exchange. This can postpone your capital gains taxes indefinitely.
Alternatively, transfer your assets into an opportunity zone and enjoy a step-up in basis after 5 years. After 10 years, the gains become tax-free.
Here are some factors that can increase or decrease your adjusted basis:
- The cost of additions and improvements to the house
- Money spent to restore the property after damages or loss
- Legal fees incurred in relation to the property
- Receipt of insurance payments due to a casualty loss or theft
- Tax credits for home energy improvements
Long-Term vs. Short-Term
Understanding the distinction between long-term and short-term capital gains is crucial when it comes to avoiding taxes on the sale of a home.
Long-term capital gains apply to properties held for more than a year, allowing homeowners to take advantage of a more favorable tax rate.
Homeowners who sell their primary residence after living in it for at least two of the five years leading up to the sale can exclude up to $250,000 of the gain from their taxable income.
What Is Long-Term
Long-term investments are typically held for five years or more, giving them time to ride out market fluctuations and potentially earn higher returns.
Investing in a diversified portfolio of stocks and bonds can be a key component of a long-term investment strategy, as seen in the example of John, who spread his investments across various asset classes to minimize risk.
Long-term investments often require a patient approach, as they may not yield immediate results.
According to the article, a long-term investment horizon can help investors weather market downturns, such as the 2008 financial crisis, which saw stock prices plummet but recover over time.
Long-term investments can also provide a sense of security and stability, as they are less affected by short-term market volatility.
A long-term investment plan can help individuals achieve their financial goals, such as retirement, by providing a steady stream of income over time.
What Is Short-Term
Short-term goals are focused on immediate results and are typically achieved within a year or less. They're perfect for boosting motivation and creating a sense of accomplishment.
Short-term goals are often smaller in scope and can be achieved with less time and resources than long-term goals. For example, saving $1,000 in a year requires less effort than saving for a down payment on a house.
Short-term goals can help build momentum and lay the groundwork for long-term success. In fact, a study found that people who set short-term goals are more likely to achieve their long-term goals.
Achieving short-term goals can also provide a sense of satisfaction and confidence, which can be a powerful motivator for tackling even bigger challenges.
Short-Term vs. Long-Term
You need to consider the timeframe of your purchase when thinking about capital gains and losses. If you bought the asset less than a year ago, it's a short-term capital gain or loss, treated as ordinary income.
The key distinction is whether you bought the asset more than a year ago. If so, it's a long-term capital gain, which gets preferential tax treatment.
If you purchased the asset more than a year ago, you'll be happy to know that it may be exempt from taxes if it's your primary residence.
Tax Exemptions and Strategies
You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. This exemption allows you to exclude up to $250,000 in gains from your taxable income, but you must meet the 2-year ownership and use requirement.
If unforeseen circumstances like a job change or health problems prevent you from meeting the ownership requirement, you may be eligible for a partial exclusion based on the time you lived in the property. This is a great relief for those who have faced unexpected life events.
The 1031 like-kind exchange is another way to defer capital gains taxes, allowing you to reinvest the proceeds from the sale of an investment property into a similar property without immediate tax consequences. This tax-deferred exchange can be a powerful tool for investors.
If you or your spouse are on qualified official extended duty for the U.S. military, the Foreign Service, or the intelligence community, you can extend the 5-year period for an additional 10 years, allowing yourself a wider timespan to live in the home. This exemption is available for those serving more than 90 days or an indefinite period of service.
Frequently Asked Questions
What is a simple trick for avoiding capital gains tax?
Holding assets for one year or longer can significantly reduce capital gains taxes, as it qualifies for the lower long-term capital gains tax rate
Sources
- Share on LinkedIn (linkedin.com)
- Share on Twitter (twitter.com)
- the adjusted basis (irs.gov)
- Topic No. 409 Capital Gains and Losses: Capital Gain Tax Rates (irs.gov)
- Publication 544 (irs.gov)
- Capital Gains Tax on Home Sales (nerdwallet.com)
- How To Avoid Capital Gains Tax On Real Estate (rocketmortgage.com)
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