5 Things You Should Know about Capital Gains Tax (2024)

A capital gain occurs when you sell something for more than you spent to acquire it. This happens a lot with investments, but it also applies to personal property, such as a car. Every taxpayer should understand these basic facts about capital gains taxes.

5 Things You Should Know about Capital Gains Tax (1)

Key Takeaways

  • Capital gains tax may apply to any asset you sell, whether it is an investment or something for personal use.
  • If you sell something for more than your "cost basis" of the item, then the difference is a capital gain, and you’ll need to report that gain on your taxes.
  • Depending on the real estate market, you might realize a huge capital gain on a sale of your home. The tax code allows you to exclude some or all of such a gain from capital gains tax, as long as you meet certain requirements.
  • How your gain is taxed depends on how long you owned the asset before selling—short-term gains are typically taxed at a higher rate than long-term gains.

Capital gains aren't just for rich people

Anyone who sells a capital asset should know that capital gains tax may apply. And as the Internal Revenue Service points out, just about everything you own qualifies as a capital asset. That's the case whether you bought it as an investment, such as stocks or property, or something for personal use, such as a car or a big-screen TV.

If you sell something for more than your "cost basis" of the item, then the difference is a capital gain, and you’ll need to report that gain on your taxes. Your cost basis is usually what you paid for the item. It includes not only the price of the item, but any other costs you had to pay to acquire it, including:

  • Sales taxes, excise taxes and other taxes and fees
  • Shipping and handling costs
  • Installation and setup charges

In addition, money spent on improvements that increase the value of the asset—such as a new addition to a building—can be added to your cost basis. Depreciation of an asset can reduce your cost basis.

In most cases, your home has an exemption

The single biggest asset many people have is their home, and depending on the real estate market, a homeowner might realize a huge capital gain on a sale. The good news is that the tax code allows you to exclude some or all of such a gain from capital gains tax, as long as you meet all three conditions:

  1. You owned the home for a total of at least two years.
  2. You used the home as your primary residence for a total of at least two years in last five-years before the sale.
  3. You haven't excluded the gain from another home sale in the two-year period before the sale.

If you meet these conditions, you can exclude up to $250,000 of your gain if you're filing as single, head of household, or married filing separately and $500,000 if you're married filing jointly.

TurboTax Tip:

If capital losses exceed capital gains, you may be able to use the loss to offset up to $3,000 of other income for the tax year and carry the excess over to future years.

Length of ownership matters

If you sell an asset after owning it for more than a year, any gain you have is typically a "long-term" capital gain. If you sell an asset you've owned for a year or less, though, it's typically a "short-term" capital gain. How your gain is taxed depends on how long you owned the asset before selling.

  • The tax bite from short-term gains is significantly larger than that from long-term gains - as much as 10-20% higher.
  • This difference in tax treatment is one of the advantages a "buy-and-hold" investment strategy has over a strategy that involves frequent buying and selling, as in day trading.
  • People in the lowest tax brackets usually don't have to pay any tax on long-term capital gains. The difference between short and long term, then, can literally be the difference between taxes and no taxes.

Capital losses can offset capital gains

As anyone with much investment experience can tell you, things don't always go up in value. They go down, too. If you sell an investment asset for less than its cost basis, you have a capital loss. Capital losses from investments—but not from the sale of personal property—can typically be used to offset capital gains. For example:

  • If you have $50,000 in long-term gains from the sale of one stock, but $20,000 in long-term losses from the sale of another, then you may only be taxed on $30,000 worth of long-term capital gains.
    • $50,000 - $20,000 = $30,000 long-term capital gains

If capital losses exceed capital gains, you may be able to use the loss to offset up to $3,000 of other income. If you have more than $3,000 in capital losses, this excess amount can be carried forward to future years to similarly offset capital gains or other income in those years.

Business income isn't a capital gain

If you operate a business that buys and sells items, your gains from such sales will be considered—and taxed as—business income rather than capital gains.

For example, many people buy items at antique stores and garage sales and then resell them in online auctions. Do this in a businesslike manner and with the intention of making a profit, and the IRS will view it as a business.

  • The money you pay out for items is a business expense.
  • The money you receive is business revenue.
  • The difference between them is business income, subject to self-employment taxes.

Let a local tax expert matched to your unique situation get your taxes done 100% right with TurboTax Live Full Service. Your expert will uncover industry-specific deductions for more tax breaks and file your taxes for you. Backed by our Full Service Guarantee.

You can also file taxes on your own with TurboTax Premium. We’ll search over 500 deductions and credits so you don’t miss a thing.

5 Things You Should Know about Capital Gains Tax (2024)

FAQs

What do you need to know about capital gains tax? ›

Capital gains tax is a tax on any profit you make from the sale of a capital asset, such as property or equities. Capital gains and/or losses may be either short-term (held less than one year) or long-term (held one year or more).

What is a simple trick for avoiding capital gains tax? ›

Consider your holding period. The easiest way to lower capital gains taxes is to simply hold taxable assets for one year or longer to benefit from the long-term capital gains tax rate.

What is the 2 of 5 rule for capital gains? ›

To qualify for the principal residence exclusion, you must have owned and lived in the property as your primary residence for two out of the five years immediately preceding the sale. Some exceptions apply for those who become disabled, die, or must relocate for reasons of health or work, among other situations.

Do I pay capital gains if I reinvest the proceeds from sale? ›

Do I Pay Capital Gains if I Reinvest the Proceeds From the Sale? While you'll still be obligated to pay capital gains after reinvesting proceeds from a sale, you can defer them. Reinvesting in a similar real estate investment property defers your earnings as well as your tax liabilities.

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

You and other investors who want to avoid paying tax on stocks that have appreciated, will “sell” (in actuality contribute) and reinvest, through a swap. This process involves swapping your appreciated shares for a diversified portfolio of stocks of equivalent value, effectively deferring capital gains tax.

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.

How do I get zero capital gains tax? ›

Capital gains tax rates

A capital gains rate of 0% applies if your taxable income is less than or equal to: $44,625 for single and married filing separately; $89,250 for married filing jointly and qualifying surviving spouse; and.

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 do rich people avoid capital gains? ›

Wealthy family borrows against its assets' growing value and uses the newly available cash to live off or invest in other assets, like rental properties. The family does NOT owe taxes on its asset-leveraged loans because the government doesn't tax borrowed money.

What is the 50% reduction rule to capital gain property? ›

The 50% election applies to all capital gain property contributed to 50% limit organizations during a tax year and also to carryovers of such deductions from earlier tax years. In other words, a taxpayer cannot make the election for some contributions of capital gain property but not others.

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

You will avoid capital gains tax if your profit on the sale is less than $250,000 (for single filers) or $500,000 (if you're married and filing jointly), provided it has been your primary residence for at least two of the past five years.

How do you reinvest to avoid capital gains? ›

The like-kind (aka "1031") exchange is a popular way to bypass capital gains taxes on investment property sales. With this transaction, you sell an investment property and buy another one of similar value. By doing so, you can defer owing capital gains taxes on the first property.

Do you have to pay capital gains immediately after selling? ›

Do I Have to Pay Capital Gains Taxes Immediately? In most cases, you must pay the capital gains tax after you sell an asset. It may become fully due in the subsequent year tax return. In some cases, the IRS may require quarterly estimated tax payments.

Do I pay capital gains if I sell my house and buy another? ›

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.

How much tax will I have to pay on capital gains? ›

Short-term capital gains taxes are paid at the same rate as you'd pay on your ordinary income, such as wages from a job. Long-term capital gains tax is a tax applied to assets held for more than a year. The long-term capital gains tax rates are 0 percent, 15 percent and 20 percent, depending on your income.

What expenses can be claimed against capital gains tax? ›

Costs you can deduct include: fees, for example for valuing or advertising assets. costs to improve assets (but not normal repairs) Stamp Duty Land Tax and VAT (unless you can reclaim the VAT)

What costs can be deducted from capital gains tax? ›

Your cost basis is usually what you paid for the item. It includes not only the price of the item, but any other costs you had to pay to acquire it, including: Sales taxes, excise taxes and other taxes and fees. Shipping and handling costs.

Do I have to pay capital gains tax immediately? ›

Do I Have to Pay Capital Gains Taxes Immediately? In most cases, you must pay the capital gains tax after you sell an asset. It may become fully due in the subsequent year tax return. In some cases, the IRS may require quarterly estimated tax payments.

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