How do I avoid capital gains on sale of primary residence?

Asked by: Joshua Wiegand  |  Last update: May 25, 2025
Score: 4.9/5 (33 votes)

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. You can meet the ownership and use tests during different 2-year periods.

How to not get hit on capital gains tax when selling a house?

How to Avoid Capital Gains Taxes When Selling a House
  1. The 2-out-of-5-year rule: You don't have to live in the house for two years consecutively, just cumulatively. ...
  2. Qualify for a partial exclusion: According to IRS Publication 523, certain situations may make you eligible for an exclusion of gain.

How do I prove my primary residence to avoid capital gains tax?

Proving it should be a straightforward matter, however. A voter registration card or driver's license, a series of tax returns mailed to you at that address, or utility bills directed to you all indicate your principal residence. Internal Revenue Service.

What is the one-time capital gains exemption?

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. But it can, in effect, render the capital gains tax moot.

What is a simple trick for avoiding capital gains tax?

An easy and impactful way to reduce your capital gains taxes is to 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 on assets while they remain in the account.

How to Avoid Capital Gains Tax When Selling Real Estate (2023) - 121 Exclusion Explained

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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.

How to avoid paying capital gains tax on sale of rental property?

How to avoid paying capital gains taxes on the sale of rental property
  1. Buy & Sell Real Estate through a Retirement Account. ...
  2. Gift Your Property Into a Charitable Remainder Trust. ...
  3. Convert Rental Property to a Primary Residence. ...
  4. Use a 1031 Exchange to Defer Capital Gains. ...
  5. Avoid Capital Gains Tax Through Tax-Loss Harvesting.

At what age do you no longer have to pay capital gains tax?

Unfortunately, there's no age limit to paying capital gains tax. However, you can manage and even reduce your tax burden with the right strategies and information. Here are the basics about capital gains tax rules and rates as well as some tax-saving tactics.

What is the 90% rule for capital gains exemption?

The 90% test: At the time of sale the private company must be using a minimum of 90% of its assets in carrying on an active business in Canada.

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

Can You Avoid Capital Gains Tax On Real Estate? It's possible to legally defer or avoid paying capital gains tax when you sell a home. You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion.

Do you pay capital gains after age 65?

However, since this tax break was dropped in 1997, there is no capital gains tax exemption specifically for seniors. This means right now, the law doesn't allow for any exemptions based on your age.

Can closing costs be deducted from capital gains?

By properly deducting eligible closing costs and major improvements, you reduce your capital gain, potentially lowering your tax liability significantly.

How to offset capital gains from house sale?

Homeowners can avoid paying taxes on the sale of a home by reinvesting the proceeds from the sale into a similar property through a 1031 exchange.

How do I legally not pay 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.

How do rich people avoid capital gains tax?

“It is a simple fact that billionaires in America can live very extraordinarily well completely tax-free off their wealth,” law professor Edward J. McCaffery writes. They can do so by borrowing large sums against their unrealized capital gains, without generating taxable income.

Do home improvements reduce capital gains tax?

More on this below. Capital improvements: Improvements that add value to your home or prolong its useful life can reduce the amount of capital gains tax you owe when you sell your home, but won't be immediately deductible. We go into more detail on this below.

Is there still a one time 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.

Do you have to pay capital gains when you sell your primary residence in Canada?

When you sell your home or when you are considered to have sold it, you may realize a capital gain. If the property was solely your principal residence for every year you owned it, you do not have to pay tax on the gain.

What is an example of a lifetime capital gains exemption?

This means that you can claim any part of it at any time in your life if you dispose of qualifying property. You do not have to claim the entire amount at once. For example, if you sold shares of a small company, say, two years ago and claimed $100,000 of exemption, you still have $700,000 available to claim.

At what age can a homeowner sell a residence without paying capital gains?

The seller, or at least one title holder, had to be 55 or older on the day the home was sold to qualify. Following the passage of the Taxpayer Relief Act of 1997, the exemption was replaced. As of 1997, there are new per-sale exclusion amounts for all homeowners regardless of age.

How much do you pay the IRS when you sell a house?

If you owned the home for longer than a year before selling, long-term capital gains tax rates may apply. These rates are much more forgiving. Many people qualify for a 0% tax rate. Everybody else pays 15% or 20%, depending on your filing status and taxable income.

Does social security count as income for capital gains tax?

Social Security and capital gains

Keep in mind that up to 85% of Social Security benefits can be subject to tax depending on your overall income, including capital gains. The calculation that determines how much of your Social Security benefits are taxable includes realized gains.

What is the capital gains loophole in real estate?

This tax loophole allows property owners to defer capital gains on their sale as long as the proceeds are used to purchase another property within a set time frame.

Can I move back into my rental and avoid capital gains tax?

If you like your rental property enough to live in it, you could convert it to a primary residence to avoid capital gains tax. There are some rules, however, that the IRS enforces. You have to own the home for at least five years. And you have to live in it for at least two out of five years before you sell it.

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

When you sell an investment or rental property, you may be able to deduct certain selling expenses from your taxes. These deductible selling expenses can include advertising, broker fees, legal fees, and repairs made as part of the home sale. To deduct these expenses, itemize them on your tax return.