Capital Gains Tax On Real Estate & Home Sales (2024)

April 06, 20247-minute read

Author: Miranda Crace

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As a homeowner, you’ll have to pay taxes related to your property from the time you buy the house all the way through the home sale. One of the taxes you’ll consider when selling your home is the capital gains tax.

Capital gains tax may not be the most exciting part of selling your home, but it’s important to know how it’ll impact your sale. Let’s take a closer look at the capital gains tax, including what it means and how you can reduce your tax burden when you sell your home.

What Is The Capital Gains Tax On Real Estate?

The capital gains tax is what you pay on an asset’s appreciation during the time that you owned it. The amount of the tax depends on your income, your tax filing status and the length of time that you owned the asset.

The capital gains tax can apply to any type of asset that increases in value. Most people encounter this tax when they sell their primary residence. You may be subject to the capital gains tax if your home’s sale price is more than what you initially paid for it.

You pay the capital gains tax the same year that you sell your house; when you file your tax return.

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Capital Gains Tax On Real Estate & Home Sales (2)

How Do Capital Gains Taxes Work?

You may be required to pay the capital gains tax on the amount you profit from selling your home. Let’s take a look at an example.

Let’s say you bought your home for $150,000 and you sold it for $200,000. Your profit, $50,000 (the difference between the two prices), is your capital gain – and it may be subject to the tax. If you’re selling your primary residence, you may be able to avoid paying the capital gains tax on the first $250,000 gain if you’re a single tax filer and $500,000 for married couples filing jointly.

You only pay the capital gains tax after you sell an asset. Let’s say you bought your home 2 years ago and it’s increased in value by $10,000. You don’t need to pay the tax until you sell the home.

Capital Gains Tax And Capital Home Improvements

In the above example, your home’s purchase price is your cost basis in the property. Now, let’s assume that you spent $50,000 on a kitchen renovation.

This is considered a capital improvement because the renovation increases the overall value of your home. So, your cost basis is now $200,000. That’s $150,000 (the original purchase price) + $50,000 (the amount spent on the capital improvement).

If you sell your home after the renovation for $200,000, your profit is $0, so there’s no capital gains tax.

What Is The Capital Gains Tax Rate?

Your capital gains tax rate will depend on your current income tax bracket, the length of time you’ve held the asset and whether the property was your primary residence. We’ll look at that below.

It’s also important to know the type of asset you’re dealing with. While most long-term capital gains are taxed at rates of up to 20% based on income, there are situations in which higher rates apply.

Special Asset Classes For Long-Term Capital Gains Tax

The following table includes types of assets and their respective capital gains tax rates.

Asset Type

Capital Gains Tax Rate

Taxable part of gain from qualified small business stock sale under section 1202

28%

Collectibles (such as art, coins, comics)

28%

Unrecaptured gain under section 1250 for real property (applies in certain cases where depreciation was previously reported)

25%

There are special rules that apply for gifts of property or inherited property, patents or certain types of investment income like commodity futures. For tax purposes, these dates are calculated from the day after the original purchase to the date of sale of the property.

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Short-Term Vs. Long-Term Capital Gains Tax

When you start to think about selling a capital asset for a gain or a loss, the first thing you need to ask yourself is “When did I buy this?” Capital gains and losses can be short- and long-term, and it’s important to understand the difference between the two.

If you purchased the capital asset less than a year ago, you’re dealing with a short-term capital gain or loss, and it will be treated as ordinary income. If the purchase took place more than a year ago, that’s a long-term capital gain, which will be given preferential tax treatment, and – if it’s your primary residence – it may even be exempted.

Keep in mind that there are exceptions for property that’s gifted or inherited. Review Publication 544 from the Internal Revenue Service (IRS) for more information about these exceptions.

Short-Term Capital Gains Tax: Explained

If you’ve made the determination based on the rules mentioned above that short-term capital gains tax applies in your situation, the profit is taxed at regular income tax rates.

Short-Term Capital Gains Tax Rates For 2024

For the 2024 tax season, these rates are as follows:

Tax Rate

Single

Married Filing Jointly and Surviving Spouses

Married Filing Separately

Head of Household

10%

$0 – $11,600

$0 – $23,200

$0 – $11,600

$0 – $16,550

12%

$11,601 – $47,150

$23,201 – $94,300

$11,601 – $47,150

$16,551 – $63,100

22%

$47,151 – $100,525

$94,301 – $201,050

$47,151 – $100,525

$63,101 – $100,500

24%

$100,526 – $191,950

$201,051 – $383,900

$100,526 – $191,950

$100,501 – $191,950

32%

$191,951 – $243,725

$383,901 – $487,450

$191,951 – $243,725

$191,951 – $243,700

35%

$243,726 – $609,350

$487,451 – $731,200

$243,726 – $365,600

$243,701 – $609,350

37%

$609,351 or more

$731,201 or more

$365,601 or more

$609,350 or more

Short-Term Capital Gains Tax For Estates Or Trusts

Tax rates work slightly differently if you happen to be declaring a short-term capital gain sold by an estate or trust.

Tax Rate

Estimate or Trust Income

10%

$0 – $3,100

24%

$3,101 – $11,150

35%

$11,151 – $15,200

37%

Over $15,201

Your home is considered a short-term investment if you own it for less than a year before you sell it. There are no special tax considerations for capital gains made on short-term investments. Instead, the government counts any gain you made on the home as part of your standard income.

This can sometimes present a problem for certain short-term buyers, like house flippers. For example, let’s say you earn a profit of $50,000 from flipping a home within 1 year. You also earn an annual salary of $50,000 from your regular job.

Under these circ*mstances, the $50,000 you earned from the sale of the house essentially doubles your income. When you file your federal taxes, the IRS would consider your gross income for that year to be $100,000.

You can minimize your tax burdens with short-term sales by carefully accounting for all of your expenses and tax deductions.

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Long-Term Capital Gains Tax: Explained

Owning your home for more than a year means you pay the long-term capital gains tax. After 2 years, you’ll qualify for the personal exemption – more on that below. Unlike the seven short-term federal tax brackets, there are only three capital gains tax brackets.

The long-term capital gains tax rates are much lower than the corresponding tax rates for standard income. You may not need to pay the tax at all if you make less than the minimum amount listed below.

Long-Term Capital Gains Tax Rates For 2024

The percentage you pay on your capital gains depends on your filing status and how much money you made last year. Here are the rates for taxpayers filing in 2024.

Tax Rate

Single

Married Filing Jointly and Surviving Spouse

Married Filing Separately

Head of Household

Trusts and Estates

0%

Up to $44,625

Up to $89,250

Up to $44,625

Up to $59,750

Up to $3,150

15%

$44,625 – $492,300

$89,250 – $553,850

$44,625 – $276,900

$59,750 – $523,050

$3,150 – $15,450

20%

$492,300 or more

$553,850 or more

$276,900 or more

$523,050 or more

More than $15,450

How To Navigate Capital Gains Taxes On An Investment Property

You can try to minimize your tax burden by selling the home strategically if you have an investment property. The capital gains exemption on homes doesn’t have a counterpart in the investment property realm.

Reinvest Sale Proceeds

Many real estate investors engage in 1031 (like-kind) exchanges. In a 1031 exchange, a real estate investor sells their current property, but then rolls the proceeds into a new investment opportunity and postpones their capital gains taxes indefinitely.

Another alternative available to longtime real estate investors with large capital gains tax liabilities is to transfer those assets into an opportunity zone. Investors can then enjoy a step up in basis after 5 years. After 10 years, the gains become tax-free.

Offset Capital Gains With Capital Losses

Just as individual homeowners might choose to sell their home when their income is at a low ebb, businesses may want to offset capital gains with capital losses. When you sell your asset for less than your adjusted basis, the IRS considers that a capital loss.

Deduct The Costs Incurred By The Sale

You can also deduct any repairs or renovations you made to an investment property to improve the final selling price of the home. Remember to keep documentation such as mortgage statements, bills, deeds of sale, credit card statements and other similar papers to prove how much you spent. These documents will be important if you’re audited.

Real Estate Capital Gains Tax FAQs

To learn more about the capital gains tax on real estate properties, review the following frequently asked questions.

How much is capital gains tax on real estate?

The amount you pay in capital gains tax can vary and depends on your income, tax filing status, the amount of time that you’ve owned your property and whether the house is your primary residence. The amount you end up with as a profit after selling your property is the capital gain that will be taxed.

When do I pay the capital gains tax on real estate?

If you’re required to pay the capital gains tax, you pay it when you sell your property. Be sure to check the IRS requirements for paying the capital gains tax to determine when you have to pay and if you’re eligible for an exemption.

How do I avoid the capital gains tax on real estate?

If you’ve 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.

Visit the IRS website to review additional rules that may help you qualify for the capital gains tax exemption.

Do I have to pay the capital gains tax if I sell a second home or rental property?

Because rental properties and second homes are considered assets, you may be subject to pay the capital gains tax. However, there are also ways to avoid paying the tax on these property types, especially if they’ve increased in value in recent years.

The Bottom Line: Understanding Capital Gains Taxes On Real Estate Is Important

No matter which type of property you decide to sell, take careful note of how much money you spend finding and securing a buyer. From marketing expenses to closing costs paid by the seller (like real estate agent fees), you can deduct these costs from your taxes, though you should speak to a tax advisor for further insight.

Looking for other real estate tax tips? Learn more about the top tax benefits of real estate investing.

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Capital Gains Tax On Real Estate & Home Sales (2024)

FAQs

Is there a way to avoid capital gains tax on the selling of a house? ›

You will avoid capital gains tax if your profit on the sale is less than $250,000 (for single filers) or $500,000 (if you're married and filing jointly), provided it has been your primary residence for at least two of the past five years.

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.

Do I have to buy another house to avoid capital gains? ›

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.

How do you calculate capital gains tax on the sale of a home? ›

Subtract your basis (what you paid) from the realized amount (how much you sold it for) to determine the difference. ○ If you sold your assets for more than you paid, you have a capital gain. ○ If you sold your assets for less than you paid, you have a capital loss.

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

Whether you're 65 or 95, seniors must pay capital gains tax where it's due. This can be on the sale of real estate or other investments that have increased in value over their original purchase price, which is known as the “tax basis.”

Do I pay taxes to the IRS when I sell my house? ›

Taxpayers who don't qualify to exclude all of the taxable gain from their income must report the gain from the sale of their home when they file their tax return. Anyone who chooses not to claim the exclusion must report the taxable gain on their tax return.

How many years to stay in a house to avoid capital gains tax? ›

You must have lived in the house for at least two years in the five-year period before you sold it. Owning the home isn't enough to avoid capital gains on the sale — the IRS also wants to make sure that you actually intended to live in the house, at least for a certain period of time.

Do you have to pay capital gains when you inherit a house? ›

You do not automatically pay taxes on any property that you inherit. If you sell, you owe capital gains taxes only on any gains that the asset made since you inherited it. You may want to talk to a professional advisor to make sure you plan your finances out correctly with the capital gains tax in mind.

Do you have to pay capital gains if you reinvest in another primary residence? ›

While you'll still be obligated to pay capital gains after reinvesting proceeds from a sale, you can defer them. Reinvesting in a similar real estate investment property defers your earnings as well as your tax liabilities.

How long do you have to reinvest after selling your house? ›

A: You can defer capital gains taxes by using a tax deferred exchange, which means that you reinvest the windfall from the sale into a replacement property. However, you need to act quickly. If you wait more than 180 days to reinvest, you will have to pay taxes on the proceeds.

How to offset capital gains tax? ›

How to Minimize or Avoid Capital Gains Tax
  1. Invest for the Long Term.
  2. Take Advantage of Tax-Deferred Retirement Plans.
  3. Use Capital Losses to Offset Gains.
  4. Watch Your Holding Periods.
  5. Pick Your Cost Basis.

Do you pay capital gains if you reinvest? ›

Yes, since you are actually selling one fund and purchasing a new fund. You need to report the sale of the shares you sold on Form 8949, Sales and Dispositions of Capital Assets. Information you report on this form gets posted to Form 1040 Schedule D. You are liable for Capital Gains Tax on any profit from the sale.

What is a simple trick for avoiding capital gains tax on real estate investments? ›

Use a 1031 exchange for real estate

Internal Revenue Code section 1031 provides a way to defer the capital gains tax on the profit you make on the sale of a rental property by rolling the proceeds of the sale into a new property.

What are the two rules of exclusion on capital gains for homeowners? ›

You can sell your primary residence and be exempt from capital gains taxes on the first $250,000 if you are single and $500,000 if married filing jointly.

What is deductible for home sale capital gains? ›

If you meet certain conditions, you may exclude the first $250,000 of gain from the sale of your home from your income and avoid paying taxes on it. The exclusion is increased to $500,000 for a married couple filing jointly. 4.

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.

Is there a capital gains exclusion on a second home? ›

You cannot depreciate a vacation home, which is considered personal property. But because it's a second property, when you sell, it is fully taxable at the capital gains rate as an investment.

Can mortgage payoff be deducted from capital gains? ›

In the U.S., having a mortgage, or paying off the mortgage, does not affect your taxes. The mortgage is irrelevant. Taxes are not based on the amount of money you receive at closing. Taxes are based on capital gains on the home, roughly the net sale price minus the purchase price.

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