Avoid Capital Gains Tax on Your Investment Property Sale (2024)

With appreciated stock, you can sell your shares over a number of years to spread out the capital gains. Unfortunately, investment real estate is not granted the same luxury; the entire gain amount must be claimed on your taxes in the year the property is sold unless certain steps are taken to minimize this risk. If an investor uses IRS Code Section 1031 to recognize a "like-kind" exchange when selling an investment property, capital gains can be deferred by purchasing a similar investment property.

Key Takeaways

  • Appreciation on investment real estate must be claimed on your taxes in the year the property is sold.
  • Homeowners have options to reduce the taxes paid by using IRS Code Section 1031 to recognize a "like-kind" exchange when selling an investment property.
  • In this manner, capital gains are able to be deferred by buying a similar investment property.
  • Additionally, when selling a property, the capital gains tax may be 0% if an individual or couple's taxable income is below the legal thresholds.

Managing the Sale Date

You could mitigate this tax burden by controlling the year in which the title and possession pass out of your hands and, therefore, the year in which you report the capital gain on the transaction. In other words, you can set the transfer of ownership to a year in which you expect to have a lower tax burden.

According to the Internal Revenue Service (IRS), "some or all net capital gain may be taxed at 0%if your taxable income is less than or equal to $41,675 for single and married filing separately, $83,350 for married filing jointly or qualifying surviving spouse, or $55,800 for head of household."

Therefore, if you have no active income and minimal passive income, including the gain on the sale of your investment property, you may avoid paying taxes on your minimal capital gain; however, if your income is steady and paying tax on the gain looks inevitable, you may want to consider using the IRC Section 1031 exchange.

The Section 1031 Exchange

The IRS Code Section 1031 exchange allows an investor to trade real estate held for investment for other investment real estate and incur no immediate tax liability. Under Section 1031, if you exchange business or investment property solely for a business or investment property of a like-kind, no gain or loss is recognized until the newly acquired property is sold.

Beginning in 2018, The Tax Cuts and Jobs Act limited like-kind exchanges to real estate. Section 1031 exchanges of personal property, such as artwork, areno longer permitted.

Rules and Regulations

IRS Code Section 1031 will not allow the avoidance of capital gains taxes in all cases. For example, the exchange of U.S. real estate for real estate in another country will not qualify for tax-deferred exchange status.

Furthermore, trades involving property used for personal purposes—such as exchanging a personal residence for a rental property—will not receive tax-deferred treatment. Finally, if an exchange is made between related parties and either party subsequently disposes of the exchanged property within a two-year period, the exchanged property will become subject to tax.

For tax reporting purposes, the basis of the old property is carried over to the new property. This is important to understand because the taxes due are not forgiven, they are simply postponed until the sale of the new property.

To record the Section 1031 exchange with the Internal Revenue Service, it is important to file Form 8824 with the tax return for the year of the like-kind exchange, as well as for each of the two years following the exchange.

Section 1031 and Losses

A tax-deferred exchange is also possible if you are selling your investment property at a loss. First, you must determine if the loss is a "tax loss" or just a personal loss. In order to qualify as a tax loss, your adjusted basis in the property must be more than the selling price of the property. Your adjusted basis takes into consideration any prior depreciation deductions you have taken (or were allowed but didn't take).

For example, let's assume you bought a rental property for $400,000. Over the past 10 years, you have taken $100,000 of depreciation on the building. Your current adjusted basis is $300,000. If you sell your rental property for $350,000, it may seem like a loss, but it is actually a $50,000 gain for tax purposes.

The gain is considered an unrecaptured section 1250 gain, and it is taxed at a rate of 25%; however, you could purchase a "like-kind" property in order to avoid paying taxes immediately on your $50,000 gain.

Alternatively, let's assume that you are selling the same home for $250,000. This is a $50,000 tax loss, in addition to a personal loss. Is there still a benefit to a "like-kind" exchange? Possibly. If you purchase a "like-kind" property for $250,000, your basis in that second property will immediately be $300,000 (your adjusted basis in the first property).

This would benefit you when it comes time to sell the second property because the basis you are taking depreciation deductions from is higher.

Fully Tax-Deferred Exchange

For a tax-deferred Section 1031 exchange transaction to occur, certain conditions must be met:

  • The property must be "like-kind": Properties are like-kind if they are of the same nature or character, even if they differ in grade or quality.
  • The property must be related to business or investment: Exchanged property must be held for productive business or investment use and traded for the same use. For example, an exchanged property must not be primarily held for resale.
  • The new property must be identified within 45 days: The new property to be received in exchange for an existing property must be identified in writing, to the seller, within 45 days of the first transfer.
  • The transfer must take place within the 180-day window: The like-kind property must be received by one of these two dates (whichever comes sooner): within the 180-day period following the property transfer, or by the tax return due date (including extensions) for the year in which the property is transferred.

Partially Tax-Deferred Exchange

To be completely tax-deferred, the exchange must be solely an exchange of like-kind property. In a perfect world, finding a property with the same trade value is ideal for the Section 1031 exchange; however, it's difficult to find an equal exchange and, in many cases, one party ends up kicking in some extra cash to make the deal fair. This additional property or cash received is known as "boot," and this gain is taxed up to the amount of the boot received.

When there are mortgages on both properties, the mortgages are netted. The party giving up the larger mortgage and receiving the smaller mortgage treats the excess as boot.

How Do You Avoid Paying Capital Gains Tax on Investment Property?

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 Capital Gains Tax Rate for 2023?

The capital gains tax for 2023 is either 0%, 15%, 20%, 25%, or 28%, depending on the asset being sold as well as an individual's taxable income.

Do I Have to Pay Capital Gains Tax Immediately?

Yes, generally, you have to pay capital gains tax within the tax year you sell the asset. For example, if you sell stock on June 30, 2023, you will have to file the capital gains tax when you file your taxes in 2024.

The Bottom Line

Section 1031 is a way for individuals to reduce their tax burden, and there are other options that homeowners can consider. As always, discuss your plans with a tax professional if you have a rental property you are planning to sell to learn which rules apply to your situation.

Avoid Capital Gains Tax on Your Investment Property Sale (2024)


Avoid Capital Gains Tax on Your Investment Property Sale? ›

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

Section 1031
A 1031 exchange is a tax break. You can sell a property held for business or investment purposes and swap it for a new one that you purchase for the same purpose, allowing you to defer capital gains tax on the sale.
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of the IRS code for deferring taxes.

How to avoid capital gains tax after selling investment property? ›

You can avoid paying this tax by using the 1031 deferred exchange or tax harvesting. Alternatively, you can convert your rental property to a primary residence or invest through a retirement account. Don't forget to insure your property with Steadily to avoid making losses after investing in real estate.

What is a simple trick for avoiding capital gains tax? ›

Hold onto taxable assets for the long term.

The easiest way to lower capital gains taxes is to simply hold taxable assets for one year or longer to benefit from the long-term capital gains tax rate.

Can you reinvest in property to avoid capital gains tax? ›

Reinvest in new property

The like-kind (aka "1031") exchange is a popular way to bypass capital gains taxes on investment property sales. With this transaction, you sell an investment property and buy another one of similar value. By doing so, you can defer owing capital gains taxes on the first property.

How do I avoid capital gains tax on my investment account? ›

How to Minimize or Avoid Capital Gains Tax
  1. Invest for the Long Term. You will pay the lowest capital gains tax rate if you find great companies and hold their stock 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.

At what age do you not pay capital gains? ›

Since the tax break for over 55s selling property was dropped in 1997, there is no capital gains tax exemption for seniors. This means right now, the law doesn't allow for any exemptions based on your age. Whether you're 65 or 95, seniors must pay capital gains tax where it's due.

Are there any loopholes for 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 2 year capital gains rule? ›

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 do not 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.

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

As of 2022, for a single filer aged 65 or older, if their total income is less than $40,000 (or $80,000 for couples), they don't owe any long-term capital gains tax. On the higher end, if a senior's income surpasses $441,450 (or $496,600 for couples), they'd be in the 20% long-term capital gains tax bracket.

How long do you have to reinvest after sale of property to avoid capital gains? ›

Frequently Asked Questions about Capital Gains Tax

You might be able to defer capital gains by buying another home. As long as you sell your first investment property and apply your profits to the purchase of a new investment property within 180 days, you can defer taxes.

How long do you have to reinvest capital gains from an investment property? ›

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.

Can you transfer capital gains from one property to another? ›

If you're selling an investment property and planning to reinvest the profits into another, it is possible to defer capital gains tax. Under IRS Section 1031, if you reinvest your gains in a 'like-kind' property within 180 days of the sale, you may qualify for a deferral of capital gains tax.

What lowers capital gains tax? ›

Long-term investing offers a significant advantage in minimizing capital gains taxes due to the favorable tax treatment for investments for longer durations. When investors hold assets for more than a year before selling, they qualify for long-term capital gains tax rates, typically lower than short-term rates.

Do I have to pay capital gains tax immediately? ›

Do I Have to Pay Capital Gains Taxes Immediately? In most cases, you must pay the capital gains tax after you sell an asset. It may become fully due in the subsequent year tax return. In some cases, the IRS may require quarterly estimated tax payments.

How do you qualify for 121 exclusion? ›

In general, to qualify for the Section 121 exclusion, you must meet both the ownership test and the use test. You're eligible for the exclusion if you have owned and used your home as your main home for a period aggregating at least two years out of the five years prior to its date of sale.

How to avoid depreciation recapture tax on rental property? ›

If it's important to you to avoid the depreciation recapture tax, there are several strategies you may want to adopt.
  1. Take advantage of IRS Section 121 exclusion. ...
  2. Conduct a 1031 exchange. ...
  3. Pass on the property to your heirs. ...
  4. Sell the property at a loss.
Sep 3, 2023

Is selling a rental property a capital gain or ordinary income? ›

If you hold rental property, the gain or loss when you sell is generally characterized as a capital gain or loss. If held for more than one year, it's long-term capital gain or loss and if held for one year or less, it's short-term capital gain or loss.

How to calculate the capital gains of a rental property when it is sold? ›

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.

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