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How To Avoid Capital Gains Tax On Real Estate – 7 Best Tips

by | Jan 12, 2023 | Real Estate

Real Estate Agent Reveals Tips and Tricks to Avoid Capital Gains Tax on Real Estate Investments

Are you looking to avoid capital gains tax on your real estate investments? Well, you’re in the right place! As a seasoned real estate agent, I’ve got plenty of tips and tricks to share with you on how to minimize or even completely avoid paying capital gains tax on your real estate transactions.

Before we dive in, it’s important to understand exactly what capital gains tax is. Essentially, it’s a tax on the profit you make when you sell a piece of property that you’ve owned for more than a year. So, if you buy a house for $200,000 and sell it for $300,000 a few years later, you’ll owe capital gains tax on the $100,000 profit.

Now, let’s get into some strategies you can use to avoid paying this tax.

1. Hold onto your property for longer than a year

One of the easiest ways to avoid capital gains tax on real estate is to simply hold onto your property for longer than a year. If you own a property for at least a year and a day, the IRS considers it a long-term capital asset, and you’ll be eligible for a lower tax rate on any profits you make from its sale.

So, if you’re not in a rush to sell, it might be worth it to hang onto your property for a little longer to save on taxes.

2. Use the principal residence exclusion

If you live in your property for at least two of the five years leading up to the sale, you may be able to exclude up to $250,000 of your capital gains from tax (or up to $500,000 if you’re married and file your taxes jointly).

This is called the principal residence exclusion, and it’s a great way to avoid capital gains tax on the sale of your primary residence. Just keep in mind that there are certain requirements you’ll need to meet to qualify, such as owning and using the property as your primary residence for the required time period.

3. Invest in a 1031 exchange

A 1031 exchange, also known as a like-kind exchange, allows you to defer paying capital gains tax on the sale of a property by reinvesting the proceeds into a similar property. For example, let’s say you own a rental property that you want to sell.

Instead of taking the cash from the sale, you could use it to buy another rental property. By doing this, you’re able to defer paying capital gains tax on the sale of the first property until you eventually sell the second one. Just be aware that there are strict rules and deadlines for 1031 exchanges, so it’s important to work with a qualified intermediary to make sure you’re in compliance.

4. Utilize the capital gains exclusion for small business owners

If you own a small business and you sell property that you’ve used in your business, you may be able to take advantage of the capital gains exclusion for small business owners.

Under this exclusion, you can exclude up to $1 million of capital gains from tax if you’ve owned and used the property in your business for at least ten years. This can be a great way to avoid capital gains tax on the sale of business-related real estate.

5. Donate a conservation easement

If you own a property with significant natural or historical value, you may be able to avoid capital gains tax by donating a conservation easement. A conservation easement is a legal agreement in which you agree to preserve the natural or historical features of your property in perpetuity.

In exchange, you may be able to claim a charitable deduction and reduce your capital gains tax. Just be aware that there are certain requirements you’ll need to meet to qualify, and it’s important to work with a qualified appraiser and attorney to ensure that you’re in compliance with all the rules and regulations.

6. Use your capital gains to offset other income

If you’re unable to completely avoid paying capital gains tax, you may be able to use your capital gains to offset other income and lower your overall tax bill.

For example, if you have a lot of income from other sources, such as a job or a side business, you may be able to use your capital gains to reduce your taxable income and pay a lower overall tax rate.

7. Consider a trust or other estate planning strategies

Finally, if you’re looking to avoid capital gains tax in the long term, you may want to consider using a trust or other estate planning strategies.

By transferring ownership of your property to a trust or other entity, you may be able to avoid paying capital gains tax when you sell the property.

Just be aware that there are complex rules and regulations involved with trusts and estate planning, so it’s important to work with a qualified attorney to ensure that you’re in compliance.

Conclusion

In conclusion, there are several ways you can avoid capital gains tax on real estate, including holding onto your property for longer than a year, using the principal residence exclusion, investing in a 1031 exchange, taking advantage of the capital gains exclusion for small business owners, donating a conservation easement, using your capital gains to offset other income, and considering trust or estate planning strategies.

By carefully planning your real estate transactions and taking advantage of the various tax breaks and exclusions available, you can minimize or even completely avoid paying capital gains tax on your real estate investments.

Mark Brawley

Mark Brawley

About The Author

Hi, I’m Mark Brawley, a professional real estate agent with over 15 years of experience in the industry.

I have a deep passion for real estate, and I feel incredibly fortunate to have transformed that passion into a blog where I can assist others in finding valuable information.

Contact me at mark@newsrealestate.org for assistance.

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