If you sell a house or property within one year or less of owning it, the short-term capital gains is taxed as ordinary income, which could be as high as 37 percent. Long-term capital gains for properties you owned for over a year are taxed at 0 percent, 15 percent or 20 percent depending on your income tax bracket.
This exemption was repealed in 1997 and replaced. Now all homeowners regardless of age can exclude up to $250,000 of capital gains ($500,000 for married couples filing jointly) from the sale of their primary residence.
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.
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.
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.
The IRS allows no specific tax exemptions for senior citizens, either when it comes to income or capital gains.
Additionally, you must report the sale of the home if you can't exclude all of your capital gain from income. Use Schedule D (Form 1040), Capital Gains and Losses and Form 8949, Sales and Other Dispositions of Capital Assets when required to report the home sale.
If you owned and lived in the home for a total of two of the five years before the sale, then up to $250,000 of profit is tax-free (or up to $500,000 if you are married and file a joint return). If your profit exceeds the $250,000 or $500,000 limit, the excess is typically reported as a capital gain on Schedule D.
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.
Whether your small business focuses on real estate or sold unneeded property during the tax year, a copy of form 1099-S, which is sent to both you and the IRS by the closing attorney or real estate official, reports the gross proceeds from the sale.
Can You Avoid Capital Gains Tax On Real Estate? It's possible to legally defer or avoid paying capital gains tax when you sell a home. You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion.
Financial Goal Setting
Reinvest this chunk of cash into your next house/down payment. Invest in other types of real estate (aside from primary residences) Save it in a traditional savings account or money market account. Pay down debt like credit cards, student loans, auto loans, etc.
1. Senior Citizen Homeowners' Property Tax Exemption. The Senior Citizen Homeowners' Property Tax Exemption is available to homeowners who are at least 65 years old and meet certain income requirements.
The seller, or at least one title holder, had to be 55 or older on the day the home was sold to qualify. Following the passage of the Taxpayer Relief Act of 1997, the exemption was replaced. As of 1997, there are new per-sale exclusion amounts for all homeowners regardless of age.
Fixing a flaw or design defect, enlarging a building's capacity, retrofitting a building to improve energy efficiency, and rebuilding a building after it has reached the end of its economic life, all fall under capital improvements as per IRS rules.
You do not have to report the sale of your home if all of the following apply: Your gain from the sale was less than $250,000. You have not used the exclusion in the last 2 years. You owned and occupied the home for at least 2 years.
Since 1997, homeowners can exclude housing capital gains for up to $500,000 (or $250,000 for a single filer) when they sell their houses. [1] For anything below the exemption limit, homeowners do not even need to report the sale to the IRS.
At What Age Can You Stop Filing Taxes? Taxes aren't determined by age, so you will never age out of paying taxes. People who are 65 or older at the end of 2024 have to file a return for tax year 2024 (which is due in 2025) if their gross income is $16,550 or higher.
The proceeds from a home sale can be used in a variety of ways. With up to $500,000 available tax free, you could use the money to make a down payment on another home, pay down problematic debt, increase your stock portfolio or implement strategies to improve your retirement plan.
For example, if you purchased your home 15 years ago for $150,000 and your estate executor sold it for $500,000, your estate would be on the hook for the $350,000 in realized capital gains. At a 15 percent long-term capital gains tax rate, that would be a $52,500 tax bill.
Reporting the sale
Report the sale or exchange of your main home on Form 8949, Sale and Other Dispositions of Capital Assets, if: You have a gain and do not qualify to exclude all of it, You have a gain and choose not to exclude it, or. You received a Form 1099-S.