A 1031 exchange is generally better for maximizing long-term wealth, as it allows investors to defer capital gains taxes and reinvest the full proceeds into new, typically higher-value, property. However, paying capital gains tax is better for seeking simplicity, liquidity, and freedom from strict IRS deadlines.
The "6-year rule" for Capital Gains Tax (CGT) in Australia allows you to treat a former main residence as tax-exempt for up to six years after you move out, even if you rent it out, enabling you to avoid CGT on any growth during that period. You qualify by moving out, choosing to treat it as your main home for tax, and can reset the rule by moving back in. If you rent it out for longer than six years, only the portion of the gain after the six-year mark becomes taxable.
Avoid Capital Gains Tax: By continuously reinvesting in like-kind properties through multiple 1031 exchanges, you can defer capital gains taxes indefinitely, essentially avoiding them until you choose to cash out.
On a $100,000 capital gain, you'll likely pay 15% for long-term gains, resulting in about $15,000 in federal tax (plus potential state tax), but it could be 0% or 20% depending on your total taxable income and filing status, while short-term gains are taxed as ordinary income (potentially 22-24%).
Section 1031(f) provides that if a Taxpayer exchanges with a related party then the party who acquired the property in the exchange must hold it for 2 years or the exchange will be disallowed.
Capital gains tax on $100k depends on how long you held the asset: short-term gains (held 1 year or less) are taxed as ordinary income (10-37%), while long-term gains (held over a year) are taxed at lower rates (0%, 15%, or 20%) based on your total taxable income and filing status, with 15% often applying in this range, plus potentially a 3.8% Net Investment Income Tax (NIIT) if your income is high.
The 2025 tax legislation signed into law by President Trump, commonly referred to as the One Big Beautiful Bill Act, largely preserves the existing capital gains tax framework. Long-term capital gains rates remain set at 0%, 15% and 20%, with no changes to the underlying brackets.
The capital gains tax over 65 is a tax that applies to taxable capital gains realized by individuals over the age of 65. The tax rate starts at 0% for long-term capital gains on assets held for more than one year and 15% for short-term capital gains on assets held for less than one year.
Live in the house for at least 2 years
One of the most effective ways to avoid capital gains taxes is by meeting the ownership and use test. If you live in your home for at least 2 out of the 5 years before selling, you may qualify for the Section 121 exclusion.
Tax Implications of Renovations
By increasing your home's cost basis—the investment value for tax purposes—these improvements can reduce the capital gains tax owed if and when you decide to sell. Examples include adding a new roof, installing energy-efficient systems, or building an addition.
Billionaires often employ the “buy, borrow, die” strategy to avoid income and capital gains taxes. First, they acquire appreciating assets like stocks or real estate. Instead of selling these assets when they need cash (which would trigger capital gains tax), they borrow against them at favorable interest rates.
The primary "one-time" capital gains exemption in the U.S. allows single filers to exclude up to $250,000 (or $500,000 for married couples filing jointly) of profit from selling their main home, provided they've owned and lived in it for at least two of the last five years before the sale. While it's often called a one-time exclusion, you can use it multiple times, but you must wait two years before claiming it again on another property.
Capital improvements: Improvements that add value to your home or prolong its useful life can reduce the amount of capital gains tax you owe when you sell your home, but won't be immediately deductible.
On July 4, 2025, President Donald J. Trump signed the “One Big Beautiful Bill” into law — a broad tax package aimed at stimulating investment. For real estate investors, the biggest win is what the bill didn't change: Section 1031 Like-Kind Exchanges remain fully intact.
The seller must have owned the home and used it as their principal residence for two out of the last five years (up to the date of closing). The two years don't have to be consecutive to qualify. The seller must not have sold a home in the last two years and claimed the capital gains tax exclusion.
The 1031 Exchange "200% Rule" allows you to identify any number of replacement properties in a deferred exchange, as long as their total fair market value doesn't exceed 200% (twice) the value of your sold property, offering flexibility for diversification, but it only applies when identifying more than three properties; otherwise, the simpler Three-Property Rule applies, which lets you pick up to three properties without value limits. If you exceed the 200% limit with more than three properties, you'd need to acquire at least 95% of the identified value to qualify under the 95% Rule.
When you sell your primary residence, $250,000 of capital gains (or $500,000 for a couple) are exempted from capital gains taxation. This is generally true only if you have owned and used your home as your main residence for at least two out of the five years prior to the sale.
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.
LCGE has an exemption limit for qualified farm and fishing property or qualified small business corporation shares of $1,250,000. This amount is indexed to inflation. With LCGE, you're allowed to subtract your taxable amount from your profits. Note that the LCGE is a cumulative lifetime limit.