Yes, you can avoid or partially exclude capital gains tax on the sale of your primary residence if you move for a new job, even if you have not lived in the home for the standard two-out-of-five-year period. A job-related move qualifies for a pro-rated partial exclusion if the new job is at least 50 miles farther from your old home than your previous job.
How Do I Avoid Paying Taxes When I Sell My House?
A common way to defer or reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes on assets while they remain in the account.
If you move for a new job and sell your primary residence, you may be able to avoid capital gains tax on a portion of the gain if you meet certain conditions, even if you haven't lived in it for two of the last five years.
The simplest way to avoid capital gains tax is to regularly use your capital gains tax allowance (officially known as your annual exempt amount or AEA). How easy this is to do depends on the assets you are selling.
Capital Gains Tax 6 Year Rule Explained
To qualify, the property must have been your home before you left. If you sell within the six year exemption period, you can generally claim a full main residence exemption from CGT, provided you have not nominated another property as your main residence during that time.
A capital gains rate of 0% applies if your taxable income is less than or equal to: $48,350 for single and married filing separately; $96,700 for married filing jointly and qualifying surviving spouse; and. $64,750 for head of household.
Five Most Overlooked Tax Deductions
You'll need to add half of your profit to your income for the year. Because your profit was $100,000, you'll report $50,000 as a taxable capital gain. Your personal tax rate is then applied to the total amount of income you reported to determine how much tax you owe.
Here's how it works: If you rent out the property, it remains your main residence for up to six years for CGT purposes. If you don't rent it out, there's no time limit, and you can keep claiming the main residence exemption.
You may owe capital gains tax on any realized gain on the sale of an asset, but not on unrealized capital gains. Long-term capital gains — that is, on assets held for a year or longer — are taxed at a 0%, 15% or 20% rate, depending on your total taxable income for the year.
You can defer capital gains taxes through a like-kind or 1031 exchange, where you sell your investment property and use the proceeds to acquire a similar property. You have 45 days to identify potential properties and 180 days to complete the exchange.
It allowed sellers to claim CGT exemption for the final 36 months of ownership, even if they had moved out. However, this was reduced to 18 months in 2014 and further to 9 months in 2020, which remains the rule today. This general law is in place as it prevents short-term transaction benefits concerning taxation.
Loan schemes. Perhaps the most popular example of tax avoidance is operated by companies where directors receive their income as directors' loans and then either do not repay such loans to the company or write them off at the year-end.
Manage your tax bracket
At the lowest income levels, the capital gains tax rate is 0%, which means no federal income taxes on your gains (state income taxes may still apply). For a married couple filing jointly, the maximum taxable income to qualify for the 0% rate is $96,700 in 2025.
BIR Revenue Regulations No. 13-99 exempts citizens and resident aliens from capital gains tax on the sale of their principal residence, provided they fully utilize the proceeds to acquire or construct a new principal residence within 18 months and meet specific documentation requirements.
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A Living Trust Does Not Eliminate Capital Gains Taxes
Another common myth is that putting a home or investments in a trust removes capital gains tax obligations. However: If you sell an asset while it's in a revocable living trust, you still owe capital gains tax on any profit.