How Do I Avoid Capital Gains Tax When Selling a House? (2023)

How Do I Avoid Capital Gains Tax When Selling a House? (1)

What are capital gains taxes on real estate? | How much do I owe? | How to qualify for Section 121 exclusion | Using a 1031 exchange and other methods

Most home sellers don’t need to pay capital gains taxes. Thanks to the Taxpayer Relief Act of 1997, if you’ve owned and lived in your house for more than two years, the first $250,000 of the profit on your home sale is tax-free. If you’re married and filing jointly, you won’t pay capital gains on the first $500,000.

You have to meet certain requirements to be eligible for this tax exemption, though. And if you’re on the hook for capital gains taxes, the rate can be significant — up to 37% of the gains, depending on your filing status and how long you hold the house before selling it. If you’re facing a hefty capital gains tax burden, you’ll want to explore ways to legally avoid or reduce your taxes.

Real estate decisions are complicated. Our partners at Clever Real Estate can connect you with a local agent who will help you sort through your options as you start the selling process. And, when you sell with Clever, you’ll save thousands on commission. Find out more!

The scoop: What are your options?

The strategies for curbing your capital gains liability depend on the nature of the house you’re selling. If you’re selling a primary residence (your main home), you may be eligible for Section 121 exclusion.

But if you’re selling a house as an investment property, a different method may be right for you:

MethodBest for...
Section 121 exclusionSelling a primary residence that you’ve owned and lived in for at least two years
Converting to a primary residenceSelling an investment property that you would be willing to live in
1031 exchangeSelling an investment property when you’re interested in buying another at the same time
Tax-loss harvestingSelling an investment property when you hold another investment that has lost value
Monetized installment saleSelling an investment property when no other options are a good fit

We’ll dive into these strategies below. But first, it helps to understand what capital gains taxes are and how they apply to real estate.

What are capital gains taxes on real estate?

A capital gains tax is a tax on the gains you realized from the sale of an asset. The net profit on a home sale is considered a capital gain and can be taxed.

You are taxed on any profit if you sell your home within two years of buying it. If you hold the property for one year or less (for example, as a house flipper), you’re liable for short-term capital gains, which are taxed as ordinary income. You’ll pay the same federal rate on these gains as on wages and other earnings — ranging from 10–37%, depending on your household income.

If you sell after more than one year of ownership, your profits will be taxed as long-term capital gains, which have lower tax rates — ranging from 0–20%.

But here’s the good news. If you have owned and used your home for at least two years, you only pay those taxes on any profit over a certain amount — the $250,000 or $500,000 thresholds for individuals or married joint owners respectively, as mentioned above.

So, how much do I owe in capital gains taxes?

Use this capital gains tax calculator to get a rough idea of how much you’ll owe when selling your house:

Here’s an example. Say you bought your house for $250,000 and are selling it after five years for $350,000. First you need to figure out your adjusted cost basis:

Original cost + cost of improvements + cost of repairs = adjusted cost basis

(Video) Capital Gains Tax when selling a house

Let’s say you spent $50,000 on improvements and repairs:

$250,000 (original cost) + $50,000 (improvements & repairs) = $300,000

So your adjusted cost basis is $300,000. Now plug that figure into the following formula to calculate your capital gains (or losses):

Sale price – (commissions, legal fees, and marketing fees paid during sale) – adjusted cost basis = capital gain or loss

In our example, the numbers could look like this:

$350,000 – $25,000 (commissions, etc.) – $300,000 = $25,000

So you’re left with a capital gain of $25,000 on this property.

Long-term capital gains tax rates in 2021

Numbers refer to total income. (Source: IRS.gov)
Filing status0% rate15% rate20% rate
SingleUp to $40,400$40,401–445,850Over $445,850
Married, filing separatelyUp to $40,400$40,401–250,800Over $250,800
Married, filing jointlyUp to $80,800$80,801–501,600Over $501,600
Head of householdUp to $54,101$54,101– 473,750Over $473,750

Now let’s discuss how home sellers can exclude all or part of these gains from taxation.

What is Section 121 exclusion?

Section 121 is a provision of the tax code that allows home sellers to exclude a certain amount of their gains from taxation. It applies if they’re selling a primary residence and meet other requirements.

In order to qualify for Section 121 exclusion, you must meet both the ownership test and the use test. This means that you must have owned the home for at least two of the past five years, and you must have lived in it as your main home for at least two of the past five years. (You don’t need to have lived in it and owned it at the same time.)

Assuming you meet the ownership and use tests, if you’re single, you don’t need to pay capital gains taxes on the first $250,000 of profit from the home sale. If you’re married and filing jointly, you’re exempt from taxes on the first $500,000.

How do I qualify for Section 121 exclusion?

First and most importantly, hold the property for at least two years! Section 121 exclusion only kicks in after two years of ownership.

Next, check whether your home sale qualifies for this exclusion. Again, Section 121 exclusion applies to the sale of your main home (primary residence) only.

Also note that Section 121 applies to many types of housing, including:

  • Single-family home
  • Condo
  • Mobile home
  • Houseboat

The IRS offers complete information about these and other eligibility rules in Publication 523.

(Video) How Can I Avoid Paying Capital Gains Tax on Property in the UK

According to the document, the exclusion does not apply if you’re transferring your home to a spouse or ex-spouse, because in that case the IRS considers there to be no capital gain or loss. (The exception would be if your spouse/ex-spouse is a nonresident alien, in which case you will likely have a capital gain or loss from the transfer.)

You should also know the home’s date of sale to qualify for Section 121 exclusion.

Next, you will determine how much of your gain is tax-exempt.

Can I get maximum exclusion of gain?

The eligibility test, as the IRS calls it, determines whether a home seller can get the maximum exclusion ($250,000 if you’re single or $500,000 if you’re married).

The eligibility test has six steps. Check the table below and see if these conditions apply to you.

If you don’t meet this test, you may qualify for partial exclusion, explained in more detail below the table.

StepNameDescription
Step 1Automatic disqualificationIf you acquired the property through a 1031 (“like-kind”) exchange or if you’re subject to expatriate tax, then you aren’t eligible to benefit for the maximum exclusion of gain under Section 121.

A 1031 exchange (explored more fully below) allows you to defer paying capital gains taxes when you sell a property and reinvest the proceeds in another.

Step 2Ownership requirementYou meet this requirement if you owned the home for at least two of the last five years before closing. For married couples filing jointly, only one spouse needs to own the home.
Step 3Residence requirementYou meet this requirement if you owned the home and used it as residence for at least two of the last five years. This residence period need not have been a single block of time.

A vacation or short absence still counts as time that you resided in the home. Any time you spend in a care facility counts towards the two-year residence requirement as long as you lived in the home for at least one year.

Step 4Look-back requirementYou meet this requirement if you didn’t sell another home during a two-year period before the date of sale or you did sell another home but didn’t take capital gains exclusion.
Step 5Exceptions to eligibility testIf any of the following situations apply, they may affect your qualification:
  • A separation or divorce occurred during your ownership of the home.
  • The death of a spouse occurred during your ownership of the home.
  • The sale involved vacant land next to the home.
  • You owned and sold a remainder interest (the right to own a home in the future).
  • Your previous home was destroyed or condemned.
  • You were a service member during the ownership.
  • You acquired or are selling the home in a 1031 exchange.
Step 6Final determination of eligibilityYour home sale is eligible for the maximum exclusion if you meet the above tests.

Service member exception

You’ll notice that Step 5 includes an exception for service members, that is, members of the military, intelligence community, or Foreign Service. The bottom line is that the IRS will modify the two-year residence requirement for you if your service pulled you away from home.

Remember the rule that you need to have lived in the home for at least two years in the five-period prior to the sale? Under certain circumstances, service members can suspend that five-year period for up to 10 years to allow for the time you were away on duty.

Claiming your exclusion

The fun starts once you’ve determined your eligibility for the exclusion. Use Worksheet 1 in IRS Publication 523 to calculate your exclusion limit, and use Worksheet 2 in Publication 523 to calculate your gain or loss from the home sale.

When you’re filing your annual tax return:

❌ Don’t report the home sale if all of your gain is tax exempt.

✅ Do report the entire gain on Form 8949 if you have a taxable gain.

✅ Do report the sale if you received Form 1099-S, even if you have no taxable gain.

Do I qualify for partial exclusion of gain?

Even if you don’t meet the eligibility test for full exclusion of gain, you may qualify for partial exclusion.

People can qualify for partial exclusion if they sold their home because of a work-related move, a health-related move, or a major unforeseeable event such as the death of a spouse or their home being destroyed or condemned.

(Video) Ways To Reduce Capital Gains Tax When Selling A Property

Check the IRS site for more details about which situations and circumstances qualify.

Section 121 doesn’t apply to me. What now?

Even if you don’t meet the requirements for Section 121 exclusion, there are other ways to trim your capital gains tax burden or avoid it entirely. But these strategies involve the sale of an investment or rental property, rather than a primary residence.

The most common ways to reduce capital gains tax exposure include 1031 exchanges, converting a rental property to a primary residence, tax-loss harvesting, and monetized asset sales.

If you can’t use any of these methods to avoid a hefty tax hit, selling with a low commission realtor could help you offset your costs.

Swap properties using a 1031 exchange

A 1031 exchange allows you to defer paying capital gains taxes when you sell one investment property and use the proceeds to buy another. The other property must be of “like-kind,” which generally means any piece of real estate can be exchanged for another piece of real estate, as long as they’re held for investment purposes.

There are some restrictions to keep in mind. After the initial sale, you have 45 days to identify the property that will be acquired, and you have to close on it within 180 days. The good news is that you can use 1031 exchanges repeatedly and defer capital gains taxes each time.

Convert your property to a primary residence

If you have a rental property, you can move into it and make it your primary residence. The sale of the home will qualify for capital gains exclusion after you’ve owned and lived in it as your primary residence for two years.

This strategy also works in reverse order — the house is eligible for capital gains exclusion if you lived in it for two years before turning it into a rental property, as long as that residence period occurred during the five years before the sale.

There are limits on how much you can exclude, however. First, you can only exclude capital gains from the period when you actually lived in the house as your primary residence. If you rented out the home for three years and then moved in for two years, only 40% of the gain is eligible for exclusion.

Another caveat is that the capital gains tax exclusion doesn’t apply to any depreciation-related capital gains. Capital gains attributable to depreciation during the time you rented out the property can be taxed at a rate of 25%.

For example, if you claimed $25,000 of depreciation while renting out your home for two years, the cost basis of the property will be adjusted down by $25,000, resulting in more capital gains when you sell. But you can only exclude from taxation the capital gains above the original cost basis of the home.

Always consult a tax professional regarding your specific situation. In general, the following conditions apply when you convert a rental property to a primary residence to curb your capital gains taxes:

  • You need to have owned and lived in the property for at least two years.
  • The property cannot have been purchased in a 1031 exchange in the last five years.
  • Any previous capital gains exclusion claims must have occurred more than two years prior to the sale.

Use tax-loss harvesting

Tax-loss harvesting, also known as tax-loss selling, allows you to offset capital gains from one property sale against losses from another. You can consider this strategy if you’re selling a house for a gain and have another property that has depreciated in value.

In this scenario, you sell the losing investment at the same time that you sell the profitable asset. This allows you to make the best of a bad situation by lowering the net capital gain that is taxed.

Consider a monetized installment sale

A monetized installment sale (MIS) is a complex arrangement that’s often touted as a viable strategy to reduce capital gains taxes. However, the IRS has discouraged this approach. In May 2021, the IRS released a document calling the transactions “problematic” and highlighting six ways certain MIS deals may not provide the tax benefits being sought.

In a nutshell, the MIS transaction structure involves five parties: a seller, a buyer, an intermediary, a lender, and an escrow agent. The seller temporarily sells the property to an intermediary in exchange for a 30-year, interest-only installment contract. The intermediary pays the interest on the installment contract into an escrow account.

(Video) How To Avoid Taxes When Selling A House! $0 Capital Gains Tax!

The intermediary flips the property to the final buyer for cash. Meanwhile, the third-party lender steps in and lends the original seller an amount equal to 95% of the final buyer’s purchase price. The escrow agent pays the interest payments on this 30-year note, canceling out the interest income on the installment loan, which is flowing through the same escrow account.

This structure theoretically allows the seller to postpone capital gains recognition on the home sale for 30 years. Again, the IRS doesn’t recommend it, so if you’re considering this strategy, explore your options with a CPA.

The bottom line

If you’re selling your primary residence at least two years after you bought it, see if you qualify for Section 121 exclusion. If you’re selling an investment property, consider whether another strategy is right for you.

A professional real estate agent can advise you about your specific situation and options. Our friends at Clever Real Estate can help you save even more by pre-negotiating low commission fees with top local agents nationwide. Get matched with multiple agents to interview, compare marketing plans, and pick the best fit. And, you’ll get full service and support for just $3,000 or 1%!

FAQs about avoiding capital gains tax when selling a house

What is my capital gains tax rate when selling a house?

Your capital gains tax rate depends on how soon you sell your house. If you hold the house for one year or less, you pay short-term capital gains. This is taxed as ordinary income, so you’ll pay 10–37%, depending on your household income. If you sell after more than one year of ownership, your profits will be taxed as long-term capital gains, which have lower tax rates, ranging from 0–20%.

Why should I hold the house for two years before selling?

If you own a house for at least two years before you sell, you're likely eligible for Section 121 exclusion. This means that the first $250,000 of the profit on your home sale is tax-free. The tax-free amount doubles to $500,000 if you’re married and filing jointly.

If you do need to sell before you've owned for two years, use our capital gains tax calculator to find out how much you could owe.

What is Section 121 exclusion and how can I qualify?

Section 121 is a provision of the tax code that allows home sellers to exclude $250,000 (individuals) or $500,000 (married, filing jointly) of their capital gains from taxation, depending on their filing status. If you're selling a primary resilience that you've owned and lived in for at least two of the past five years, you likely qualify for this exclusion.

Am I eligible to exclude my capital gains from taxation?

Compare your situation against the eligibility test offered by the IRS. Factors such as how long you’ve owned and lived in the house, whether you’ve taken a capital gains exclusion on a prior home sale, and special situations like serving in the military will decide whether you are eligible to have the maximum amount of capital gains excluded from taxation.

How can I reduce my capital gains tax when selling an investment property?

If you’re selling an investment property (as opposed to a primary residence), your options include a 1031 exchange, converting the property to a primary residence, tax-loss harvesting, and a monetized asset sale.

Related articles

How Much Does it Cost to Sell a House?: Offloading your home is one of the biggest financial transactions you’ll ever make. Find out more about the various costs involved and what the average seller pays.

20 Ways You Can Save Money When You Sell Your House: There are many ways to save money when you sell a house. Check out our guide to the key tactics home sellers use to minimize expenses and keep more profit in their pocket.

Selling a House After 1 Year or Less? You Need to Read This: Not everyone can hold on to their house long enough to reduce their capital gains tax exposure. If you’re looking for a quick exit from your home purchase, learn about the costs and how you can protect yourself financially.

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FAQs

What is the 36 month rule? ›

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.

How long do you have to keep a property to avoid capital gains tax? ›

Where this is the case, the period of occupation as a main home is sheltered from capital gains tax, as is the final 18 months of ownership, regardless of whether the property is occupied as a main home for that final period.

How do you get around capital gains tax on property? ›

How to avoid capital gains tax on a home sale
  1. Live in the house for at least two years. The two years don't need to be consecutive, but house-flippers should beware. ...
  2. See whether you qualify for an exception. ...
  3. Keep the receipts for your home improvements.
3 Mar 2022

How do HMRC know about capital gains? ›

HMRC can find out about sales of property from land registry records, advertising, changes in reporting of rental income, stamp duty land tax (SDLT) returns, capital gains tax (CGT) returns, bank transfers and other ways.

How long do I have to reinvest proceeds from the sale of a house 2022? ›

Gains must be reinvested within 180 days of the day they are recognized as taxable income.

Can capital gains tax be avoided? ›

If you hold a number of different assets, you may be able to offset some of your gains with any applicable losses, allowing you to avoid a portion of your capital gains taxes. For instance, if you have one investment that is down by $3,000 and another that is up by $5,000, selling both will help you reduce your gains.

Can I sell my house and keep the money? ›

When you sell a house, you have to first pay any remaining amount on your loan, the real estate agent you used to sell the house, and any fees or taxes you might have incurred. After that, the remaining amount is all yours to keep.

What costs can you claim against capital gains tax? ›

Deductions you can make from capital gains tax

Costs of buying and selling the property, including stamp duty, solicitor fees, and estate agent fees. Eligible costs of improvements, for example an extension or new kitchen.

How much tax do I pay when I sell my house? ›

The rate varies based on a number of factors, such as your income and size of gain. Capital gains tax on residential property may be 18% or 28% of the gain (not the total sale price).

What is the capital gains exemption for 2022? ›

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.

At what age do you not pay capital gains? ›

The over-55 home sale exemption was a tax law that provided homeowners over the age of 55 with a one-time capital gains exclusion. The seller, or at least one title holder, had to be 55 or older on the day the home was sold to qualify.

What can be deducted from capital gains when selling a house? ›

There is also accounting for outlays and expenses. From your capital gain, you can subtract the costs necessary for selling the property, such as renovations and maintenance expenses, finders' fees, commissions, brokers' fees, surveyors' fees, legal fees, transfer taxes and advertising costs.

Do I need an accountant for capital gains tax? ›

It is therefore recommended that you seek the advice of your local TaxAssist Accountant who will be able to prepare your CGT computations, claim any reliefs that you may be entitled to and calculate any liability that may be due.

What triggers an HMRC investigation? ›

What triggers an investigation? HMRC claims compliance checks are usually triggered when figures submitted on a return appear to be wrong in someway. If a small company suddenly makes a large claim for VAT, or a business with a large turnover declares a very small amount of tax, this will likely be flagged-up by HMRC.

What is the 2 year rule for capital gains tax? ›

If you have owned and occupied your property for at least 2 of the last 5 years, you can avoid paying capital gains taxes on the first $250,000 for single-filers and $500,000 for married people filing jointly.

Can I sell a property and reinvest without paying capital gains? ›

People who own investment property can defer their capital gains by rolling the sale of one property into another. This like-kind exchange does not apply to personal residences however.

Who qualifies for lifetime capital gains exemption? ›

The capital gains exclusion is available to all qualifying taxpayers who have owned and lived in their home for two of the five years before the sale, no matter how old you are.

How can I avoid paying taxes on the sale of my home? ›

7 ways to avoid taxes on a home sale
  1. Live in the house for two years. ...
  2. Moving due to military service. ...
  3. Look for exceptions. ...
  4. Keep track of home improvements. ...
  5. Use a 1031 exchange. ...
  6. Installment sale. ...
  7. Offset with capital losses.
25 Aug 2022

What should you not do when selling a house? ›

8 top home selling mistakes you should avoid
  1. Underestimating the costs of selling. ...
  2. Setting an unrealistic price. ...
  3. Only considering the highest offer. ...
  4. Ignoring major repairs and making costly renovations. ...
  5. Not preparing your home for sale. ...
  6. Choosing the wrong agent or the wrong way to sell. ...
  7. Limiting showings.

How do I get rid of everything in my house to sell it? ›

You can hire an estate sale company to sell your stuff all at once. Estate sale companies will send someone out to review the contents and let you know if it makes sense and is worth hosting a sale. If you want to move forward, the company may hold the sale at your house or at their location.

Is profit from selling a house considered income? ›

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.

Who benefits most from capital gains? ›

1. Using plausible measures of economic status, capital gains receipts are highly concentrated among those with high incomes. The richest 2 percent of Americans receive more than 50 percent of all capital gains.

What improvements can be deducted from capital gains? ›

All repairs, additions and improvements to a property used in connection with a business, or one that produces income, such as a rental, are tax deductible, regardless of whether they are capital improvements. The businessperson must declare the expense as depreciation to recover the cost.

What is the capital gains tax allowance for 2022 23? ›

Capital Gains Tax rates in the UK for 2022/23

Individuals have a £12,300 capital gains tax allowance. This means your capital gains up to £12,300 are tax free. Normally you don't have to pay any capital tax on selling your main home.

How do seniors avoid capital gains tax? ›

The IRS allows no specific tax exemptions for senior citizens, either when it comes to income or capital gains. The closest you can come is a back-end tax advantaged retirement account like a Roth IRA which allows you to withdraw money without paying taxes.

Do seniors pay capital gains taxes? ›

Today, anyone over the age of 55 does have to pay capital gains taxes on their home and other property sales. There are no remaining age-related capital gains exemptions. However, there are other capital gains exemptions that those over the age of 55 may qualify for.

What can I claim without receipts? ›

Examples of work-related expenses include rent for a car, gas for the car, food, clothing, phone calls, union dues, training, conferences, and book purchases. As a consequence of this, you are allowed to deduct up to $300 worth of business expenditures without providing any proof of purchase.

Who is responsible for capital gains tax? ›

An investor will owe long-term capital gains tax on the profits of any investment owned for at least one year. If the investor owns the investment for one year or less, short-term capital gains tax applies.

Who will pay capital gains tax seller or buyer? ›

A: Since it is applied to the sale of capital assets, the seller is the one who pays capital gains tax.

Do HMRC check your bank account? ›

HMRC has a shared service to check bank account details are correct. Other government departments and local authorities could collect your bank details from you, then check them with our shared service.

Can HMRC track your phone? ›

Using the Regulation of Investigatory Powers Act 2000, HMRC can see web sites viewed by taxpayers; where a mobile phone call was made or received; and the date and time of emails, texts and phone calls.

How far back can HMRC go for capital gains tax? ›

12-year time limit

The 12 year time limit applies where income tax, capital gains tax or inheritance tax (where an inheritance tax account has been delivered and payment made and accepted in full satisfaction of the tax due) has been lost and the lost tax involves an offshore matter or offshore transfer.

How much time after selling a house do you have to buy a house to avoid the tax penalty in Florida? ›

If you sell after two years, you won't pay capital gains taxes on profits less than $250,000 (or $500,000 for jointly owned homes). There's no additional requirement to purchase a new home.

How long do you have to hold an investment property for capital gains? ›

Capital Gains Tax Basics

Gains on the sale of personal or investment property held for more than one year are taxed at favorable capital gains rates of 0%, 15% or 20%, plus a 3.8% investment tax for people with higher incomes.

What is the 2 out of 5 year rule? ›

When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.

How do I avoid paying taxes when I sell my rental property? ›

One of the most common and easiest ways to avoid taxes when selling a rental property is just to use a 1031 exchange. If you will be taking the proceeds to invest in something else, you can defer any taxes due.

How can I avoid capital gains tax after 2 years? ›

If you're not an investor, there's no way to avoid capital gains taxes if you sell your home after owning it for less than two years. If you're an investor, however, you can avoid paying capital gains with a 1031 exchange.

What is the capital gains tax rate for 2022 on real estate? ›

And what you pay depends on your total income and how long you've held onto those assets. If you have a long-term capital gain – meaning you held the asset for more than a year – you'll owe either 0 percent, 15 percent or 20 percent in the 2022 or 2023 tax year.

Do I have to pay capital gains tax immediately? ›

You don't have to pay capital gains tax until you sell your investment. The tax paid covers the amount of profit — the capital gain — you made between the purchase price and sale price of the stock, real estate or other asset.

What percentage of tax do you pay when you sell a rental property? ›

Basic-rate taxpayers will pay 18% on the gains they make by selling a property, while higher and additional rate taxpayers pay 28%. In 2019-20, you can make tax- free capital gains of up to £12,000 and couples who jointly own assets can combine this allowance, potentially allowing a gain of £24,000.

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