There are various ways to avoid capital gains taxes on a second home, including renting it out, performing a 1031 exchange, using it as your primary residence, and depreciating your property.
Capital gains tax on a second home
Since a second home doesn't meet the IRS definition of a primary residence, it is not entitled to the capital gains exclusion. In a nutshell, any net capital gain you make upon the sale of a second home is taxable at the appropriate rate (long term or short term).
With the exception of the noted potential restrictions, capital gains realized from selling real estate can be used for any purpose, including to pay off a second mortgage. If the reason is to retire a costly debt and free up some money every month, though, you should consider the effective interest rate.
If you've owned your second home for more than a year, you'll typically pay a long-term capital gains tax between 0% and 20%, depending on your earnings. According to the IRS, property owners will pay a 15% tax unless they exceed the higher income level.
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.
In the interest of avoiding capitals gains tax, you'll need to live in the property for a minimum of six months for it to be considered your main residence before moving out and using it as an investment property.
Bottom Line. You can avoid a significant portion of capital gains taxes through the home sale exclusion, a large tax break that the IRS offers to people who sell their homes. People who own investment property can defer their capital gains by rolling the sale of one property into another.
If you lived in the property for a number of years, and then rented it out, you may be able to reduce your overall CGT bill through Private Residents Relief (PRR). You can claim PRR for the number of years that the property was your main home, and also the last 9 months of ownership even if it is rented out.
Are Second-Home Expenses Tax Deductible? Yes, but it depends on how you use the home. If the home counts as a personal residence, you can generally deduct your mortgage interest on loans up to $750,000, as well as up to $10,000 in state and local taxes (SALT).
If you sell your home, you can lower your taxable capital gain by the amount of your selling costs—including real estate agent commissions, title insurance, legal fees, advertising costs, administrative costs, escrow fees, and inspection fees.
In addition to property sales, HMRC are also writing to people who have second homes to enquire if it is being let and whether they are receiving rental income. This will affect more people, as it will widen the net of people who may not have considered disclosing such income previously.
Taxpayers are receiving letters from HMRC called "Certificates of Tax Position" which asks recipients to confirm that any offshore income and assets tax have been declared. UK taxpayers will receive these letters if HMRC holds information which shows that the taxpayer may have received income or gains which is taxable…
There is a higher rate of CGT to pay on the gain you make on a property sale than there is on other assets. If you are a basic rate taxpayer, you will pay 18% on any gain you make on selling a second property. If you are a higher or additional rate taxpayer, you will pay 28%.
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.
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.
Do a 1031 Exchange. A 1031 exchange refers to section 1031 of the Internal Revenue Code. It allows you to sell an investment property and put off paying taxes on the gain, as long as you reinvest the proceeds into another “like-kind” property within 180 days.
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.
Under the six-year rule, a property can continue to be exempt from CGT if sold within six years of first being rented out. The exemption is only available where no other property is nominated as the main residence.
If you are retired and already drawing your pension income from your super accounts, CGT is not applicable. All investment earnings in pension phase are tax exempt to a limit of $1.6million.
The capital gains exemption (CGE) is available to individuals only, not corporations, and forms a deduction (worth 50% of the exemption, since 50% of capital gains are taxed) from net income. Benefits that use net income, such as the age credit and OAS clawback, will be calculated before the deduction is reflected.
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.
HMRC have a number of ways of obtaining information regarding property transactions, including Stamp Duty Land Tax forms, Land Registry, third party notices to estate agents and conveyencing solicitors, third party notices to banks, information obtained as part of overseas bank initiatives, property websites etc.