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 swap of one real estate investment property for another that allows capital gains taxes to be deferred. The term—which gets its name from Section 1031 of the Internal Revenue Code (IRC)—is bandied about by real estate agents, title companies, investors, and more.
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of the IRS code for deferring taxes.

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

Use a 1031 Exchange

A 1031 exchange, a like-kind exchange, is an IRS program that allows you to defer capital gains tax on real estate. This type of exchange involves trading one property for another and postponing the payment of any taxes until the new property is sold.

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

Use A 1031 Exchange

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.

How do I get zero capital gains tax? ›

A capital gains rate of 0% applies if your taxable income is less than or equal to:
  1. $44,625 for single and married filing separately;
  2. $89,250 for married filing jointly and qualifying surviving spouse; and.
  3. $59,750 for head of household.
Jan 30, 2024

Do you pay capital gains after age 65? ›

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. 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'.

Are there any loopholes for capital gains tax? ›

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 is the capital gains loophole in real estate? ›

When does capital gains tax not apply? If you have lived in a home as your primary residence for two out of the five years preceding the home's sale, the IRS lets you exempt $250,000 in profit, or $500,000 if married and filing jointly, from capital gains taxes.

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.

At what age do you not pay capital gains? ›

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.

How do I calculate capital gains on sale of rental property? ›

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.

What states have 0% capital gains? ›

States with No Capital Gains Taxes

If you have a large number of assets there might be a benefit to reside in one of the following states. These include Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, and Wyoming.

Does dividend count as capital gain? ›

Investors do not make capital gains until they sell investments and take profits. Dividend income is paid out of the profits of a corporation to the stockholders. It is considered income for that tax year rather than a capital gain.

What is the one time capital gains exemption? ›

You do not have to report the sale of your home if all of the following apply: Your gain from the sale was less than $250,000. You have not used the exclusion in the last 2 years. You owned and occupied the home for at least 2 years.

Do people over 70 pay capital gains? ›

The short and simple answer: Age doesn't exempt anyone from capital gains tax. This means even if you're like Mark, celebrating your 70s or beyond, Uncle Sam still expects his share from your capital gains.

Is there a once in a lifetime capital gains exemption? ›

The capital gains exclusion applies to your principal residence, and while you may only have one of those at a time, you may have more than one during your lifetime. There is no longer a one-time exemption—that was the old rule, but it changed in 1997.

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.

Can I sell stock and reinvest without paying capital gains? ›

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.


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