How To Sell Your Primary Residence And Not Pay Taxes On The Profit (2024)

Real estate is a great investment, and selling your home could net you a hefty profit. However, that large profit can mean a big tax bill, which can reduce the amount you get to pocket from the sale. It may also dampen your plans to move to a new location.

Fortunately, there are critical moves you can do to reduce the taxes you owe when you sell your primary residence.

When you play it right using the IRS’s Home Sale Tax Exclusion, you can either partially or completely eliminate your tax bill, saving you tens of thousands (and sometimes hundreds of thousands) of dollars come sale time.

Whoa, right? Let’s dive in.

What Is A Primary Residence And Why Is It Important?

Before we get into the tax code, we do have to define the difference between a primary residence and property. According to the IRS, a primary (or principal) residence is the place where you spend the majority of the year, even if you don’t consider it your home.

For example, if you’re from Minnesota and have a home there, but spend eight months of the year in your summer home in Florida, your primary residence is your summer home, even if you are not legally a Florida resident.

This is important because the IRS offers specific benefits when you sell your primary residence. These same tax breaks and allowances won’t apply to your other property.

Most people will only own a single home, so this definition won’t matter – but it’s important to know nonetheless.

Reducing Taxes On The Sale Of Your Primary Residence

When it comes to the sale of a primary residence, the IRS allows:

  • An individual to exclude up to $250,000 in profit from taxes
  • Married couples to exclude up to $500,000 in profit from taxes

It’s important to note that this refers to only the profit from the sale.

For example, if you and a spouse bought a house for $400,000 and later sold it for $700,000, you wouldn’t have to pay any taxes on that $300K in profit.

Keep in mind that this exclusion works for any primary residence that you lived in for two years in the last five. This means that if you move to a new home and try to sell your primary residence in 2020, but aren’t able to do it until 2023, you’re still able to avoid taxes on the profit.

For obvious reasons, most people call this tax exclusion the “$250,000/$500,000 Home Sale Tax Exclusion.

On the other hand, people who love technical jargon (like accountants), like to call it “Topic No. 701” because that’s its number in the IRS tax code.

Using A 1031 Exchange For Investment Properties

What if you have an investment property that you sell – are you completely out of luck? Fortunately, there is a way to avoid taxes!

A 1031 exchange lets you take the money you earn from selling an investment property and buy a completely new property, without having to pay taxes on the proceeds.

This can let you sell a smaller investment property and turn it into a newer or larger property. Keep in mind that a 1031 exchange will only work if you do not do anything else with the money you earn from the sale – it all has to go towards the purchase of a new property.

Then, you can move into your new property and turn it into your primary residence.It takes five years of you owning an investment property before it can be considered a primary residence. Of those five years, you’ll have to live there for at least two of those years for its status to change.

After five years, you’ll be able to sell the investment property and apply the IRS exception to your profits, cutting your tax bill down substantially.

What Taxes Will I Have To Pay?

While the above tips are a great way to avoid some taxes on the sale of real estate, they don’t cover everything. Of course, a successful real estate investment could easily net more than $250,000 (or $500,000, for married couples) in profit.

If this happens, or if you’re unable to claim your property as your primary residence, what can you expect to pay?

Real estate profits are classified as capital gains, so you’ll be subjected to capital gains taxes.

Fortunately, these are lower than income taxes, although they can still be substantial. For properties owned longer than one year, profits get taxed as a long-term capital gain.

If you’re a single filer that makes less than $39,375 a year, a married couple making less than $78,750 jointly, or a head of a household making less than $52,750, you will not have to pay any taxes on your capital gains (0% tax).

If you make between $39,376 to $434,550 as a single filer, you’ll pay a 15% tax.This also applies to married couples filing jointly that make between $78,751 to $488,850 combined, or heads of households making between $52,751 to $461,700.

The vast majority of taxpayers fall in this 15% tax bracket.

A 20% tax will apply to single filers making over $434,550, married couples making over $488,850, and heads of households making over $461,700.

These long-term capital gains tax rates are summarized below.

SINGLE FILERS:

Long-term capital gains tax rateYour income
0%$0 to $39,375
15%$39,376 to $434,550
20%$434,551 or more

MARRIED FILERS:

Long-term capital gains tax rateYour income
0%$0 to $78,750
15%$78,751 to $488,850
20%$488,851 or more

HEAD OF HOUSEHOLD FILERS:

Long-term capital gains tax rateYour income
0%$0 to $52,750
15%$52,751 to $461,700
20%$461,701 or more

Reducing Your Tax Burden Lets You Achieve Your Financial Goals

Selling your primary residence can net you with a large profit that you can use to move into a larger and more comfortable home – or travel the world.

Making sure that you can keep as much of that profit as possible can help you achieve your financial goals, which is why it’s necessary for you to take steps to reduce the taxes you will owe.

It can be hard to keep up with the US tax code, which frequently changes from year to year. For more information about ways you can reduce your tax burden and improve your personal finances, check out this article on tax strategies.

What questions do you have about the primary residence tax exclusion? Ask them in the comments below and I’ll share thoughts.

Are we connected yet on social media? If not, let’s make it happen:Instagram|Twitter|Facebook|Pinterest

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How To Sell Your Primary Residence And Not Pay Taxes On The Profit (2024)

FAQs

How To Sell Your Primary Residence And Not Pay Taxes On The Profit? ›

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.

Is profit from selling primary residence considered income? ›

If you owned and lived in the home for a total of two of the five years before the sale, then up to $250,000 of profit is tax-free (or up to $500,000 if you are married and file a joint return). If your profit exceeds the $250,000 or $500,000 limit, the excess is typically reported as a capital gain on Schedule D.

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

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 pay zero tax on capital gains? ›

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

How do you calculate profit on sale of primary residence? ›

The profits you make from selling your home are called net proceeds. Your net proceeds are determined by your home's sale price minus expenses, such as home improvements, staging costs, agent fees and paying off your remaining mortgage.

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

Sale of your principal residence. We conform to the IRS rules and allow you to exclude, up to a certain amount, the gain you make on the sale of your home. You may take an exclusion if you owned and used the home for at least 2 out of 5 years. In addition, you may only have one home at a time.

What happens when you sell a house and make a profit? ›

Any gain (profit) on the sale of your home may be subject to the capital gains tax. Your gain (or loss) is determined by subtracting your cost basis from your selling price, less selling expenses. A loss on the sale of your home is not deductible on your return.

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.

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 reinvest profit from a house sale? ›

The short answer is that profit (after paying a mortgage and sale-related costs) is yours to keep when you sell real estate. You're not required to use the proceeds to buy another property.

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.

What excludes you from paying capital gains tax? ›

This means that if you sell your home for a gain of less than $250,000 (or $500,000 if married, filing jointly), you will not be obligated to pay capital gains tax on that amount. However, there are certain criteria you must meet to qualify for the home sale exclusion.

Do I have to pay capital gains tax immediately? ›

It is generally paid when your taxes are filed for the given tax year, not immediately upon selling an asset. Working with a financial advisor can help optimize your investment portfolio to minimize capital gains tax.

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.

When calculating capital gains, what is subtracted from the selling price? ›

Your taxable capital gain is generally equal to the value that you receive when you sell or exchange a capital asset minus your "basis" in the asset. Your basis is generally what you paid for the asset. Sometimes this is an easy calculation – if you paid $10 for stock and sold it for $100, your capital gain is $90.

Does profit from capital gains count as income? ›

Capital Gains and Dividends. How are capital gains taxed? Capital gains are profits from the sale of a capital asset, such as shares of stock, a business, a parcel of land, or a work of art. Capital gains are generally included in taxable income, but in most cases, are taxed at a lower rate.

Do I have to report the sale of my primary residence to the IRS? ›

Report the sale or exchange of your main home on Form 8949, Sale and Other Dispositions of Capital Assets, if: You have a gain and do not qualify to exclude all of it, You have a gain and choose not to exclude it, or. You received a Form 1099-S.

Are capital gains considered earned income? ›

Unearned Income. Unearned income includes investment-type income such as taxable interest, ordinary dividends, and capital gain distributions. It also includes unemployment compensation, taxable social security benefits, pensions, annuities, cancellation of debt, and distributions of unearned income from a trust.

Does selling count as income? ›

If you get paid electronically for a side hustle, small business or selling things online, you may need to pay taxes. Payment apps and online marketplaces might issue a Form 1099-K, informing you and the IRS of how much money you got for selling things or providing a service.

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