How To Avoid Capital Gains Taxes (2024)

Investing profitably is no easy feat. And for those lucky enough to avoid the pitfalls of Wall Street and who can turn a tidy profit, nothing is more frustrating than seeing those hard-won returns get scaled back due to the "capital gains" taxes levied against them.

Folks may be wondering how to avoid capital gains taxes altogether. The short answer is that you likely can't. Indeed, the vast majority of retail investors are unable to sidestep the tax man completely.

However, with a few subtle but important changes to your investing strategy, you may be able to reap significant tax deductions. Put another way, you could walk away with bigger profits than anticipated as the money stays in your pocket instead of going into Uncle Sam's coffers.

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How much will I pay in capital gains taxes?

If you're wondering what investments qualify for capital gains taxes, the answer is quite simple.

According to current Internal Revenue Service (IRS) policies, "(a)lmost everything you own and use for personal or investment purposes is a capital asset." That includes stocks, bonds and exchange-traded funds (ETFs), but also other non-traditional investment assets including physical real estate properties or even cryptocurrencies like bitcoin.

But while a broad array of investments qualify for capital gains taxes on their returns, the rate at which you are taxed depends on two main categories: The amount of time you have owned the underlying investment and your taxable income bracket.

If you hold the asset for less than one year before you sell, it is a short-term investment for capital gains tax purposes. This means your profits are taxed as ordinary income just like a paycheck. The 2023 short-term capital gains rates for those income tax brackets are as follows according to the IRS.

  • 37% for individual single taxpayers with incomes greater than $578,125 ($693,750 for couples filing jointly)
  • 35% for incomes over $231,251 ($462,501 for couples filing jointly)
  • 32% for incomes over $182,101 ($364,201 for couples filing jointly)
  • 24% for incomes over $95,376 ($190,751 for couples filing jointly)
  • 22% for incomes over $44,726 ($89,451 for couples filing jointly)
  • 12% for incomes over $11,001 ($22,001 for couples filing jointly)

Long-term capital gains rates, however, can be significantly lower – all the way down to zero. According to the IRS:

  • A capital gains rate of 0% applies to those single filers with taxable income of up to $44,625, or $89,250 for investors who are married and filing jointly
  • A capital gains rate of 15% applies if your taxable income is more than $44,625 but less than $492,301 for single filers, or more than $89,250 but less than or equal to $553,850 for married couples that file jointly

Anyone above that 15% tax threshold is taxed at a 20% long-term capital gains tax rate – a higher measure, but still less than all but the lowest of all the ordinary income tax brackets. You can find the 2024 capital gains tax rates here.

Dividend tax rates mirror these long-term capital tax rates, so long as they are "qualified dividends." This can sometimes be hard to pin down, but if you're invested in a mainstream asset such as blue chip stock Apple (AAPL) and you have been for a few months, you have qualified dividends. But other less straightforward profit-sharing deals such as dividends on employee stock options or payments from a foreign investment may be "unqualified" and considered "ordinary dividends."

Always read the fine print on dividends to get the details on tax treatment because in this case it has less to do with your behavior as an investor and more to do with the underlying status of the investment itself.

Unqualified dividends are taxed as ordinary income, just like short-term capital gains, which can be a much higher rate.

How to reduce or avoid capital gains taxes

There may be a small group of investors who don't have much cash and fit into that lowest tax bracket of 0%. But chances are that if you make less than $40,000 a year, you don't have much spare cash to invest in the stock market.

This means the vast majority of us likely fall into the 15% bucket for capital gains taxes – so long as we hold assets for a year plus one day or longer. That lower long-term capital gains tax rate is a way to incentivize investors to buy and hold.

It's also important to acknowledge that gains are not calculated on a position-by-position basis. Your capital losses can offset your capital gains. Put another way, if you achieve a $1,000 investment profit on one asset, you can offset potential taxes by locking in a $1,000 loss on a different investment to net out your capital gains to zero.

These capital losses can also be carried forward to the next tax year, too, if you have a particularly bad run and wind up locking in more losses than you do gains.

This requires a bit of extra paperwork, including the Capital Loss Carryover Worksheet provided by the IRS, but could be a useful way to ensure next year's profits aren't undercut by taxes.

To be clear, you should never trade investments solely because of capital gains tax risks. Even a 37% haircut on a massive gain is better than a loss locked in just to thwart the IRS. But considering the differences in the tax brackets and the potential for significant capital gains tax savings, all investors should inform themselves about how their behavior can change their investment tax burdens and take that into account along with everything else.

Related content

  • What Is Capital Gains Tax?
  • Capital Gains Tax Exclusion for Homeowners: What to Know
  • States With Low and No Capital Gains Tax
  • Seven Tips These Experts Recommend if You Fear Capital Gains Taxes

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Apple Inc.

How To Avoid Capital Gains Taxes (2024)

FAQs

Is there a way to avoid paying capital gains tax? ›

Avoiding capital gains tax on your primary residence

You can sell your primary residence and avoid paying capital gains taxes on the first $250,000 of your profits if your tax-filing status is single, and up to $500,000 if married and filing jointly. The exemption is only available once every two 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.

Can you reinvest stock capital gains to avoid taxes? ›

With some investments, you can reinvest proceeds to avoid capital gains, but for stock owned in regular taxable accounts, no such provision applies, and you'll pay capital gains taxes according to how long you held your investment.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. 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.

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.

What can you offset against capital gains tax? ›

You can deduct the stamp duty costs and the solicotr fee. The mortgage fee is not in relation to the actual sale of the property and is therefore not allowable. You cannot deduct any outstanding mortgage either.

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.

How to avoid capital gains tax over 65? ›

Utilize Tax-Advantaged Accounts: Tax-advantaged retirement accounts, such as 401(k)s, Charitable Remainder Trusts, or IRAs, can help seniors reduce their capital gains taxes. Money invested in these accounts grows tax-free, and withdrawals are not taxed until they are taken out in retirement.

How to avoid paying capital gains tax on inherited property? ›

Here are five ways to avoid paying capital gains tax on inherited property.
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

How to pay zero capital gains tax? ›

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 at all on the assets in the account. You'll just pay income taxes when you withdraw money from the account.

How much capital gains are tax free? ›

For the 2024 tax year, individual filers won't pay any capital gains tax if their total taxable income is $47,025 or less. The rate jumps to 15 percent on capital gains, if their income is $47,026 to $518,900. Above that income level the rate climbs to 20 percent.

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.

How can I legally avoid capital gains tax? ›

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.
Mar 6, 2024

Do retired people pay capital gains tax? ›

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.”

What is exempt from capital gains? ›

If you sell or give away personal belongings ('chattels') then there will be no CGT if your share of the proceeds or value when given away is less than £6,000. See Selling shares and other assets for more information. Please note, however, that company shares are not usually exempt from CGT.

How to pay 0 capital gains tax? ›

Capital gains tax rates

A capital gains rate of 0% applies if your taxable income is less than or equal to: $44,625 for single and married filing separately; $89,250 for married filing jointly and qualifying surviving spouse; and.

What can you off set against capital gains? ›

You can claim capital losses to offset gains reported to the CRA during the previous three years, or you can carry those losses into the future—indefinitely—and apply them to another year.

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