The old rule about selling a house and using the proceeds to buy a new house to avoid capital gains was eliminated many years ago. Even then it would not have applied to paying off a mortgage. "Like kind exchange" doesn't apply either. There is a capital gain exclusion for selling your principal residence.
Your tax gets calculated on the difference between your cost basis and your selling price. Any debt that you owe, such as the balance on your mortgage, will not affect your capital gains liability.
If you meet the conditions for a capital gains tax exemption, you can exclude up to $250,000 of gain on the sale of your main home. Certain joint returns can exclude up to $500,000 of gain.
You will carry your cost basis forward into the new property, and you can reinvest without paying taxes. However, when you eventually cash out, you will have to pay all of your capital gains and recapture taxes in one large lump sum.
If you have a capital gain from the sale of your main home, you may qualify to exclude up to $250,000 of that gain from your income, or up to $500,000 of that gain if you file a joint return with your spouse.
You're only liable to pay CGT on any property that isn't your primary place of residence - i.e. your main home where you have lived for at least 2 years.
To claim the whole exclusion, you must have owned and lived in your home as your principal residence an aggregate of at least two of the five years before the sale (this is called the ownership and use test). You can claim the exclusion once every two years.
What is the 36-month rule? The 36-month rule refers to the exemption period before the sale of the property. Previously this was 36 months, but this has been amended, and for most property sales, it is now considerably less. Tax is paid on the 'chargeable gain' on your property sale.
HMRC can find out about sales of property from land registry records, advertising, changes in reporting of rental income, stamp duty land tax (SDLT) returns, capital gains tax (CGT) returns, bank transfers and other ways.
For example, in 2021, individual filers won't pay any capital gains tax if their total taxable income is $40,400 or below. However, they'll pay 15 percent on capital gains if their income is $40,401 to $445,850. Above that income level, the rate jumps to 20 percent.
The IRS has the authority to impose fines and penalties for your negligence, and they often do. If they can demonstrate that the act was intentional, fraudulent, or designed to evade payment of rightful taxes, they can seek criminal prosecution.
Gains must be reinvested within 180 days of the day they are recognized as taxable income.
One of the ways to save on your capital gains tax is to invest in bonds within six months of the trading of the property and receiving the gains. On investing in bonds, you can claim a tax exemption under Section 54EC of the Indian Income Tax Act, 1961.
If the capital gain is $50,000, this amount may push the taxpayer into the 25 percent marginal tax bracket. In this instance, the taxpayer would pay 0 percent of capital gains tax on the amount of capital gain that fit into the 15 percent marginal tax bracket.
Capital Gain Tax Rates
The tax rate on most net capital gain is no higher than 15% for most individuals. Some or all net capital gain may be taxed at 0% if your taxable income is less than or equal to $40,400 for single or $80,800 for married filing jointly or qualifying widow(er).
Ordinary income is taxed at graduated rates depending on your income. It's possible that a short-term capital gain (or at least part of it) might be taxed at a higher rate than your regular earnings. That's because it might cause part of your overall income to jump into a higher marginal tax bracket.
Currently, the answer to the question is a qualified 'yes'. If HMRC is investigating a taxpayer, it has the power to issue a 'third party notice' to request information from banks and other financial institutions. It can also issue these notices to a taxpayer's lawyers, accountants and estate agents.
HMRC collects information from multiple sources to make sure you have reported property disposal through your personal self-assessment or through direct reporting. They also have an access to the record to confirm if you have lived in this property or not.
If the property is held for more than 7 years, relief will be given for the first 7 years. If the property is held for less than 7 years but more than 4 years, and is disposed of after 1 January 2018, it is exempt from CGT.