Is there a capital gains exemption for seniors?

Asked by: Jasmin Batz  |  Last update: February 8, 2026
Score: 4.8/5 (44 votes)

Key takeaways. Seniors must pay capital gains taxes at the same rates as everyone else—no special age-based exemption exists.

At what age do you no longer pay capital gains?

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.

How to qualify for 0% 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 makes you exempt from capital gains?

However, thanks to the Taxpayer Relief Act of 1997, most homeowners are exempt from needing to pay it.1 If you're single, you will pay no capital gains tax on the first $250,000 of profit (excess over cost basis). Married couples enjoy a $500,000 exemption.2 However, there are some restrictions.

Is there a one-time lifetime capital gains exemption?

The over-55 home sale exemption was a tax law that provided homeowners over age 55 with a one-time capital gains exclusion. Individuals who met the requirements could exclude up to $125,000 of capital gains on the sale of their personal residences. The over-55 home sale exemption has not been in effect since 1997.

Here's how to pay 0% tax on capital gains

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How to avoid capital gains tax over 65?

6 ways seniors can reduce capital gains taxes
  1. Wait to sell investments until you're in a lower tax bracket. ...
  2. Take advantage of tax deductions. ...
  3. Hold investments long-term. ...
  4. Make qualified charitable distributions (QCDs). ...
  5. Take advantage of capital loss carryovers. ...
  6. Use a step-up in basis.

What is an example of a lifetime capital gains exemption?

The Lifetime Capital Gains Exemption (LCGE)

For example, if you sell your business for a gross capital gain of $2 million, you deduct your exemption of $866,912 to get a $1,133,088 taxable capital gain, and you add 50% ($566,544) of that to your total income for the year.

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.

How do I legally not pay 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.

What is the long term capital gains tax for retirees?

For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

Does social security count as income for capital gains tax?

Social Security and capital gains

Keep in mind that up to 85% of Social Security benefits can be subject to tax depending on your overall income, including capital gains. The calculation that determines how much of your Social Security benefits are taxable includes realized gains.

How to make capital gains tax free?

9 Ways to Avoid Capital Gains Taxes on Stocks
  1. Invest for the Long Term. ...
  2. Contribute to Your Retirement Accounts. ...
  3. Pick Your Cost Basis. ...
  4. Lower Your Tax Bracket. ...
  5. Harvest Losses to Offset Gains. ...
  6. Move to a Tax-Friendly State. ...
  7. Donate Stock to Charity. ...
  8. Invest in an Opportunity Zone.

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 much can a 70 year old earn without paying 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.

Are capital gains added to your total income and put you in a higher tax bracket?

Long-term capital gains can't push you into a higher tax bracket, but short-term capital gains can. Understanding how capital gains work could help you avoid unintended tax consequences. If you're seeing significant growth in your investments, you may want to consult a financial advisor.

How to qualify for 0 capital gains tax?

Get top local stories in Southern California delivered to you every morning. > Sign up for NBC LA's News Headlines newsletter. Starting in 2025, single filers qualify for the 0% long-term capital gains rate with taxable income of $48,350 or less, while married couples filing jointly are eligible with $96,700 or less.

Are there any loopholes for capital gains tax?

Stepped-up basis is a loophole exempting certain capital gains from the federal income tax. Wealthy investors are incentivized to hold assets until their deaths, even when switching to other investments might prove more productive. Capital gains are the increase in value of an asset that a person holds.

How to avoid capital gains tax after selling a house?

4 Ways to Reduce Capital Gains on the Sale of Your Home
  1. Qualify for the Home Sale Exemption.
  2. Deduct the Purchase Cost of the Home.
  3. Deduct Closing Costs and Fees from the Sale of a Home.
  4. Deduct Any Major Improvements Made to the Home.

How do I reinvest capital gains without paying taxes?

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.

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 much is capital gains tax on real estate?

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.

What is the one-time capital gains exemption?

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. Publication 523, Selling Your Home provides rules and worksheets.

What is the 90% rule for capital gains exemption?

The 90% test: At the time of sale the private company must be using a minimum of 90% of its assets in carrying on an active business in Canada.

Do you pay capital gains on inherited property?

In California, real property is one of the most valuable assets you can inherit from a loved one. But inheriting real estate that has increased in value over time can trigger capital gains tax consequences when you sell that piece of property.