Capital Gains Tax: What It Is And How To Avoid It (2024)

How To Avoid Capital Gains Tax

There are several legal tactics that you can use to reduce or avoid capital gains taxes altogether.

Hold Onto Your Investments

Holding onto your investments for at least a year is the most straightforward way to avoid paying the highest possible tax rates. This strategy works by avoiding the expensive short-term capital gains tax. This is especially beneficial if you’re selling a personal property and want to take advantage of the principal residence exemption (more on that below).

If one of your capital assets is quickly declining in value, such as stock in a struggling business, you may feel the need to sell it before holding it for a year to cut your losses. However, in our next example you can find how even capital losses can help you save money on your taxes overall if you realize the losses after owning the asset for over a year to take advantage of the long-term capital gains tax rates.

Use Your Capital Losses

Investors can minimize their capital gains tax liability when they sell their assets after a period of loss. Depending on the type of capital asset you’re holding, you can often use your capital losses to “cancel out” any gain you saw earlier in the year.

For example, let’s say you have owned Stock A for 2 years. You bought Stock A when it was worth $4,000, but it has since decreased to $2,000 in value. If you don’t expect the stock value to rebound to its former glory, you can sell it to offset gains from another stock sale. Let’s say you bought Stock B 3 years ago for $3,000 and you sell it for $6,000. Instead of paying capital gains taxes on the full $3,000 profit, you can use your capital loss from Stock A to decrease your total tax liability.

This can be a risky move because in order to take advantage of this strategy, you have to lock in your losses from an underperforming stock. That is why it’s always wise to consult a tax professional before taking action.

Utilize Tax-Advantaged Discounts

There are several ways to take advantage of tax rules to decrease your capital gains taxes. One of the most popular strategies is to invest through tax-deferred retirement plans like IRAs or 401(k) plans. When you buy and sell investments through these plans, you don’t have to pay capital gains taxes. You only have to pay taxes when you withdraw from the accounts during retirement. This system helps you save money in two ways. By not taking out money for capital gains, your investment is allowed to grow more over time. Then, when you need to take out money during retirement, your income will probably be lower, putting you in a lower capital gains tax bracket and saving you even more money.

Exclude The Capital Gains Tax On A Home Sale

You’re exempt from a large amount of capital gains taxes when selling your principal residence based on your filing status. If you’re single, you’re exempt from capital gains tax on the first $250,000 of profit on your home. If you’re married filing jointly, you’re exempt from capital gains tax on the first $500,000 of profit on your home.

However, there are some key requirements to classify your property as your principal residence:

  • You must have lived on the property for the last 2 out of 5 years.
  • You must live there for the majority of the year.
  • You must provide documented proof that you live there, such as a voter registration or tax return.
  • The property must be reasonably close to your place of employment.
  • If you’re married, your spouse must also claim the same property as their primary residence.

Sell When Your Income Is The Lowest

As we’ve gone over, the percentage you’ll pay on your long-term investments depends on your income. If your income is close to increasing above a limit that will put you into a higher capital gains tax bracket, It’s a good idea to sell your investments when your income is lower. If you’re self-employed or on a variable income, keep track of your revenue throughout the year and sell assets when your income is lower. You can also sell your assets after you retire.

Donate Your Appreciated Assets

Donating appreciated securities to charity can help you avoid both capital gains taxes and ordinary income taxes. If you donate a stock that you’ve owned for more than a year that has increased in value, you don’t have to pay any capital gains taxes on it. While it is a very kind thing to do, it may not appeal to many that can’t afford to give away growing investments. However, donating an appreciated security can also save you money on your ordinary income taxes because you can use it as an itemized deduction. That means you can decrease your taxable income by the fair market value of the stock.

Capital Gains Tax: What It Is And How To Avoid It (2024)

FAQs

Capital Gains Tax: What It Is And How To Avoid It? ›

Key Takeaways. Investments held for less than a year are taxed at the higher, short-term capital gain rate. To limit capital gains taxes, you can invest for the long-term, use tax-advantaged retirement accounts, and offset capital gains with capital losses

capital losses
What Is an Ordinary Loss? An ordinary loss is loss realized by a taxpayer when expenses exceed revenues in normal business operations. Ordinary losses are those losses incurred by a taxpayer which are not capital losses. An ordinary loss is fully deductible to offset income thereby reducing the tax owed by a taxpayer.
https://www.investopedia.com › terms › ordinary-loss
.

What is a simple trick for avoiding 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.

Do you have to pay capital gains after age 70? ›

Since there is no age exemption to capital gains taxes, it's crucial to understand the difference between short-term and long-term capital gains so you can manage your tax planning in retirement.

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

What if I reinvest the proceeds? Buying additional stock shares with the proceeds from a stock sale will not eliminate or reduce capital gains taxes. However, if you reinvest the gain into a QOF (Qualified Opportunity Fund), you can defer the payment of capital gains taxes while you are invested in an eligible fund.

What is the capital gains tax in simple terms? ›

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).

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.

What is the best way to offset capital gains tax? ›

By placing investments with higher growth potential in tax-advantaged accounts, like IRAs or 401(k)s, and lower growth potential investments in taxable accounts, you can potentially minimize your capital gains tax liability. Another important strategy is adopting a long-term perspective on investments.

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.

At what age do you no longer have to 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.

What is the 6 year rule for capital gains tax? ›

Here's how it works: Taxpayers can claim a full capital gains tax exemption for their principal place of residence (PPOR). They also can claim this exemption for up to six years if they move out of their PPOR and then rent it out. There are some qualifying conditions for leaving your principal place of residence.

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.

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

Home sales can be tax free as long as the condition of the sale meets certain criteria: The seller must have owned the home and used it as their principal residence for two out of the last five years (up to the date of closing). The two years do not have to be consecutive to qualify.

Do you pay capital gains every time you sell a stock? ›

For tax purposes, when you sell an investment for more than you bought it, you realize a capital gain. This gain is taxable, and the tax rate depends on the length of time you hold the stock before selling it. Short-term capital gain: A short-term capital gain occurs when you sell assets you owned for one year or less.

What is the exemption of capital gains tax? ›

Capital gains up to Rs 1.25 lakh per year (equity) are exempted from capital gains tax. Long-term capital gain tax rate on equity investments/shares will continue to be charged at 12.5% on the gains.

Do I have to pay capital gains tax immediately? ›

This tax is applied to the profit, or capital gain, made from selling assets like stocks, bonds, property and precious metals. It is generally paid when your taxes are filed for the given tax year, not immediately upon selling an asset.

What states do not have a capital gains tax? ›

While the federal long-term capital gains tax applies to all states, there are eight states that do not assess a long-term capital gains tax. They are Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, and Wyoming.

What is the capital gains loophole in real estate? ›

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 there a way to avoid capital gains tax on the selling of a house? ›

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.

What lowers capital gains tax? ›

Investments held for less than a year are taxed at the higher, short-term capital gain rate. To limit capital gains taxes, you can invest for the long-term, use tax-advantaged retirement accounts, and offset capital gains with capital losses.

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