While the state you live in won't affect your federal taxes owed, moving to a tax-friendly state may help you avoid capital gains tax on stocks when paying state income taxes. Eight states do not charge capital gains taxes: Alaska, Florida, New Hampshire, Nevada, South Dakota, Tennessee, Texas and Wyoming.
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.
You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.
In most cases, your home has an exemption
You can do this if you meet all three conditions: You owned the home for a total of at least two years. You used the home as your primary residence for a total of at least two years in the last five-years before the sale.
Unfortunately, there's no age limit to paying capital gains tax. However, you can manage and even reduce your tax burden with the right strategies and information. Here are the basics about capital gains tax rules and rates as well as some tax-saving tactics.
CGT 6-Year Rule
Allows temporary renting of PPOR for up to 6 years while still claiming main residence exemption. – Each 6-year absence period is treated individually. - No limit on number of times you can use this exemption. - Property must have been your main residence before renting out.
An easy and impactful way to 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.
To qualify for the principal residence exclusion, you must have owned and lived in the property as your primary residence for two out of the five years immediately preceding the sale. Some exceptions apply for those who become disabled, die, or must relocate for reasons of health or work, among other situations.
If it's your primary residence
You can sell your primary residence and avoid paying capital gains taxes on the first $250,000 of your profits if your tax-filing status is single, and up to $500,000 if married and filing jointly. The exemption is only available once every two years.
You can deduct the expenses of moving your household goods and personal effects, including expenses for hauling a trailer, packing, crating, in-transit storage, and insurance. You cannot deduct expenses for moving furniture or other goods you bought on the way from your old home to your new home.
A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.
Capital gains tax rates
A capital gains rate of 0% applies if your taxable income is less than or equal to: $47,025 for single and married filing separately; $94,050 for married filing jointly and qualifying surviving spouse; and. $63,000 for head of household.
By properly deducting eligible closing costs and major improvements, you reduce your capital gain, potentially lowering your tax liability significantly.
Use a 1031 Exchange to Defer Capital Gains
It's a popular way to defer capital gains taxes when selling a rental home or even a business. Often referred to as a “like-kind” exchange, this tax deferment strategy is defined in Section 1031 of the Internal Revenue Code.
Current tax law does not allow you to take a capital gains tax break based on your age. In the past, the IRS granted people over the age of 55 a tax exemption for home sales, though this exclusion was eliminated in 1997 in favor of the expanded exemption for all homeowners.
Long-term capital gains of up to ₹1 lakh are exempted from tax. However, please note that as per the latest Union Budget, this limit of ₹1 lakh has been increased to ₹1.25 lakh, which will be effective from FY 24-25.
What Property Types Qualify for a California 1031 Exchange? 1031 exchanges can only be used when selling business or investment properties, so your primary residence isn't eligible (fortunately, the tax code provides a separate exemption for selling your home).
This tax loophole allows property owners to defer capital gains on their sale as long as the proceeds are used to purchase another property within a set time frame.
A: Yes, if you sell one investment property and then immediately buy another, you can avoid capital gains tax using the Section 121 exclusion. However, you must reinvest the sale proceeds into a new real estate property to qualify.
To avoid paying capital gains taxes (and depreciation recapture), you can reinvest in a "like-kind" asset with a sales price of at least $500,000. The IRS allows virtually any commercial real estate property to qualify as 'like-kind” as long as you hold it for investment purposes.
Stretch your investment gains over several years
That way you complete the sale in a little over 12 months while spreading potential capital gains over three tax calendar years for tax purposes, McLaughlin notes. But don't forget that waiting to sell involves risks.
However, there's a way to avoid paying capital gains tax on your second home. You may avoid capital gains tax if you live in it as your primary residence for at least two of the five years before you sell. Considering the average home price in America today, a lower tax rate can amount to impressive savings.
The IRS gives you a tax break for holding investments for at least a year by reducing the taxes on the profits you make from their sale. You can also deduct or carry over to the next tax year up to $3,000 in capital losses, then $3,000 again the following year, and so on, until you've claimed all the losses.