How do I legally not pay capital gains tax?

Asked by: Prof. Dane Howell  |  Last update: May 11, 2025
Score: 5/5 (66 votes)

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.

Is there a legal way to avoid capital gains tax?

By investing in eligible low-income and distressed communities, you can defer taxes and potentially avoid capital gains tax on stocks altogether. To qualify, you must invest unrealized gains within 180 days of a stock sale into an eligible opportunity fund, then hold the investment for at least 10 years.

What is the loophole of capital gains tax?

A stepped-up basis is a tax provision that allows heirs to reduce their capital gains taxes. When someone inherits property and investments, the IRS resets the market value of these assets to their value on the date of the original owner's death.

What is a simple trick for avoiding capital gains tax?

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.

Can you opt out of capital gains tax?

The Capital Gains Exclusion

If you profit from the sale of your home, you can exclude the first $250,000 of that profit from taxes, if you're single. For married couples filing jointly, that number increases to $500,000. Critically, this exclusion applies to your gains, not the total sale.

How to AVOID Taxes... Legally (Do This Now)

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Who is exempt from capital gains tax?

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.

How do I stop paying capital gains?

Common strategies to avoid paying CGT, include:
  1. Main residence exemption.
  2. Temporary absence rule.
  3. Investing in superannuation.
  4. Timing capital gain or loss.
  5. Partial exemptions.

How do I get zero capital gains tax?

Who qualifies for 0% capital gains in 2025. Starting in 2025, single filers can qualify for the 0% long-term capital gains rate with taxable income of $48,350 or less, and married couples filing jointly are eligible with $96,700 or less. However, taxable income is significantly lower than your gross earnings.

What is the 6 year rule for capital gains tax?

Here's how it works: Taxpayers can claim a full capital gains tax exemption for their principal place of residence (PPOR). They also can claim this exemption for up to six years if they move out of their PPOR and then rent it out. There are some qualifying conditions for leaving your principal place of residence.

How do billionaires avoid capital gains tax?

Billionaires avoid these taxes by taking out special ultra-low-interest loans available only to them and using their assets as collateral. This income works just like any other kind of income, allowing ultrawealthy to purchase homes, yachts, or even, Twitter.

Can I put my home in a trust to avoid capital gains tax?

In short, yes, a Trust can avoid some capital gains tax. Trusts qualify for a capital gains tax discount, but there are some rules around this benefit. Namely, the Trust needs to have held an asset for at least one year before selling it to take advantage of the CGT discount.

Can I sell stock and reinvest without paying capital gains?

What if I reinvest the proceeds? Buying additional stock shares with the proceeds from a stock sale will not eliminate or reduce capital gains taxes. However, if you reinvest the gain into a QOF (Qualified Opportunity Fund), you can defer the payment of capital gains taxes while you are invested in an eligible fund.

Do you have to pay capital gains after age 70 if you?

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.

At what age can you sell your home and not pay capital gains?

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.

What is the 2 out of 5 year rule?

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.

How do I avoid paying capital gains tax on inherited stock?

Inherited asset generally come with a stepped-up cost basis. For example, suppose your grandparent initially purchased that $100,000 of stock for just $25,000 many years ago. You don't pay capital gains taxes based on the original purchase price of $25,000 initial value.

What is the exemption of capital gains tax?

Capital gains up to Rs 1.25 lakh per year (equity) are exempted from capital gains tax. Long-term capital gain tax rate on equity investments/shares will continue to be charged at 12.5% on the gains. On the other hand, short-term capital gains tax on shares or equity investments will be charged at 15%.

Do you have to pay capital gains if you reinvest in another house?

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.

Do I have to pay capital gains tax immediately?

This tax is applied to the profit, or capital gain, made from selling assets like stocks, bonds, property and precious metals. It is generally paid when your taxes are filed for the given tax year, not immediately upon selling an asset.

Are there any loopholes for capital gains tax?

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.

How do I skip capital gains tax?

Reinvest in new property

The like-kind (aka "1031") exchange is a popular way to bypass capital gains taxes on investment property sales. With this transaction, you sell an investment property and buy another one of similar value.

Can you put your house in a trust to avoid capital gains tax?

Revocable trusts are not a way to avoid capital gains tax. Instead, they are most often used to protect and manage assets during the grantor's lifetime and to provide direction and control over how assets are distributed after the grantor's death.

How do you break a capital gain account?

Form C must be completed in order to withdraw funds from the Capital Gains Account Scheme. The money must be used within 60 days after withdrawal. The money cannot be redeposited instantly. Apply for a second withdrawal using Form D.

Why am I paying capital gains?

Capital gains taxes are levied on earnings made from the sale of assets, like stocks or real estate. Based on the holding term and the taxpayer's income level, the tax is computed using the difference between the asset's sale price and its acquisition price, and it is subject to different rates.