Capital gains are increases in the value of an asset relative to its basis. The capital gains tax is an assessment on that gain that applies when the asset is sold. So while an investor may watch and enjoy the appreciation in a capital asset, the tax doesn’t apply until they “realize” the gain—which occurs when they dispose of the investment.
Capital assets include anything that has a useful life of more than a year and is not held for sale. This definition includes real estate, stocks and bonds, jewelry, antiques, artwork, and vehicles.
Capital gains taxes are applied at different rates depending on how long you have owned the property. If you own the asset for less than a year, the tax is based on a short-term capital gain, and the rate is the same as you pay for ordinary income. If you own the asset for longer than one year, the growth is considered long-term, and the tax rate is lower. For example, if you purchase stock and sell it in ten months, the gain (increase in value) will be taxed at a higher, short-term rate. However, if you hold the stock for 12 months, you will pay the lower, long-term rate.
Keep in mind that you don’t pay taxes on any gain in your asset’s value until you sell it. So you may enjoy any value increase “on paper” without paying for the rise in your worth. These are unrealized gains and not taxed.
Are there lifetime limits to how much capital gains taxes I must pay?
There is no limit, either on how much you can gain from rising appreciation in assets or the amount of taxes you can owe. However, there are some exemptions and some tactics to minimize your taxes.
The most well-known and widespread exemption from capital gains taxes is for homeowners who sell a primary residence. Taxpayers who sell their primary residence may exclude gains of up to $250,000 (or $500,000 for married couples filing jointly) if they meet the IRS’ conditions. The property must have been the primary residence for at least two of the five years preceding the sale. Taxpayers may not invoke this exemption more often than every two years. Any increase in value above the adjusted basis that exceeds the exemption amount will still be subject to capital gains tax.
Is there any other way to avoid owing capital gains taxes?
Taxpayers can defer payment of capital gains levies on their investment property by conducting a 1031 exchange when they want to dispose of the property. The 1031 exchange is a tool the IRS allows investors to use to maximize their reinvestment opportunities. However, the investor must carefully follow the IRS' rules to successfully complete a 1031 exchange, which requires buying another "like-kind" asset. This tactic doesn't apply to the sale of personal property.
Also, if the investor decides to bequeath an investment asset to their heir, the heir can receive the asset on a stepped-up basis. That means the heir takes ownership of the asset at the current market value without owing capital gains taxes. Remember that the heir will owe taxes on any gain after they inherit the asset. For example, suppose you inherit an investment property valued at $500,000. Even though the person who gives it to you in their will may have paid much less for it, you receive it at the stepped-up, current market value. You won't owe capital gains taxes if you sell it right away. But if you keep it for a while and it continues to appreciate, you may owe taxes when you do sell it.
Investors can also defer and manage capital gains tax obligations when they invest in Qualified Opportunity Funds, created by the Tax Cuts and Jobs Act of 2017.
This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice meeting the particular investment needs of any investor.
Realized does not provide tax or legal advice. This material is not a substitute for seeking the advice of a qualified professional for your individual situation.
All real estate investments have the potential to lose value during the life of the investment. All financed real estate investments have the potential for foreclosure.
The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities.
Costs associated with a 1031 transaction may impact investor’s returns and may outweigh the tax benefits. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities.
Investors in QOFs will need to hold their investments for certain time periods to receive the full QOZ Program tax benefits. A failure to do so may result in the potential tax benefits to the investor being reduced or eliminated.
If a fund fails to meet any of the qualification requirements to be considered a QOF, the anticipated QOZ Program tax benefits may be reduced or eliminated. Furthermore, a fund may fail to qualify as a QOF for non-tax reasons beyond its control, such as financing issues, zoning issues, disputes with co-investors, etc.
Distributions to investors in a QOF may result in a taxable gain to such investors.
The tax treatment of distributions to holders of interests in a QOF are uncertain, including whether distributions impact the aforementioned QOZ Program tax benefits.
A QOF must make investments in Qualified Opportunity Zones, which carries the inherent risk associated with investing in economically depressed areas.
