Long-term capital gains tax (2024)

Is that Beanie Baby that you bought 20 years ago for $7 a dusty windfall? If you somehow sell it for $1,000, the taxman will douse your joy because, chances are, you’ll owe long-term capital gains tax on your $993 profit.

When you eventually sell assets that have accumulated value over the years, the IRS gets a cut. That’s the long-term capital gains tax. For most people, it might not bite often, but when it does, it bites deep.

What is long-term capital gains tax?

“Most people think that only the rich are going to incur this tax, but capital assets exist everywhere,” says Jonathan McGuire, partner with CPA firm Aldrich Advisors. Income taxes are taxed as you earn the income. But capital gains taxes are taxed when you sell an asset, assuming that you sold the asset for more than you paid for it.

What’s the line between a long-term gain and a short-term gain?

One day. Selling an asset you’ve held for 365 or fewer days counts as a short-term gain (or loss). Selling an asset you’ve held for 366 days or more counts as a long-term gain (or loss).

“If you sell it for the exact same amount that you bought it, there’s no tax,” says McGuire. And if you sell the asset for less than you paid, your consolation prize is a tax loss, which actually is worth something: You can use it to cancel out some taxes on gains you’ve realized elsewhere in your portfolio.

But because most people don’t regularly buy, hold, then sell art, collectibles, precious metals, real estate and other assets like they might with stocks or other traditional investments, they might be ambushed by the long-term capital gains tax.

“It catches people by surprise, if they’re usually in a lower income tax bracket and they sell something for a large gain. That’s where it can cause some heartache,” says McGuire.

Calculating your long-term capital gains

The fundamental arithmetic is not too onerous: Subtract the cost of acquiring the asset from the sale price. What you originally paid is the “basis.” The difference between what you paid and what you were paid is the amount on which you calculate taxes, for most things. (Real estate has its own long-term capital gains rules, which we cover below.)

For example, if you bought a museum-quality antique canoe for $500, owned it for at least 366 days, and then sold it to another collector for $1,000, you would owe long-term capital gains taxes on the capital gain of $500.

Tax strategies to minimize long-term capital gains

“The general rule is loss harvesting,” says Edward Renn, a partner with the tax team of law firm Withers. That’s the strategy of offsetting a gain with a loss.

“If you bought two stocks two years ago, and one doubled in value and one halved in value, sell the one that halved so you can offset the one that doubled,” explains Renn.

The idea is simple, but it requires precise recordkeeping to ensure that you have the documentation to prove your basis — i.e., what you paid for the asset to begin with — so you can calculate your gain or loss.

And, recommends Renn, the general approach for making the most of tax losses is to match short-term capital losses with short-term capital gains, and to match long-term capital losses with long-term capital gains.

Capital gains versus earned income tax rates

The money you earn is taxed differently from the money you get from selling a long-held asset that increased in value.

Earned income is taxed according to income tax brackets.

Short-term capital gains are taxed as ordinary income, according to earned income tax brackets.

But long-term capital gains generally have tax rates that are lower than earned income, topping out at 20% in most circ*mstances, advisors say.

Considerations for real estate capital gains tax

A house is often the largest single asset held by an American family. Capital gains taxes apply when you sell your primary residence, even if you are immediately rolling over the appreciated equity into a new house, says Mark Eid, a managing director of Acts Financial Advisors. If you’ve owned and lived in the house for any two of the five years immediately preceding the sale of the house, you can claim an exclusion of $250,000, if you are single, or $500,000 for married couples.

But, warns Eid, the recent rapid run-up in home values could spring a capital gains surprise for older homeowners who have owned and lived in their houses for decades. If the amount of value that the property has gained since you bought it exceeds the exclusion, you will owe a capital gains tax.

So, a married couple that bought a house in 1990 for $100,000 and now sells it for $650,000, for instance, would have to pay capital gains tax on the amount over the basis of $100,000 plus the exclusion of $500,000, which comes to a taxable gain of $50,000.

Frequently asked questions (FAQs)

Long-term capital gains kick in when you have owned an asset for 366 days and thereafter. If you have owned it for 365 or fewer days, the gain is short-term.

Besides the real estate exemptions, some exemptions apply for selling qualified stock in small businesses and for some types of investments in “opportunity zones.” Renn cautions that the assets must be properly structured to begin with to eventually claim the exemptions.

Advisors say that assets held within tax-advantaged accounts, such as workplace 401(k) plans and individual retirement accounts, generally are not subject to long-term capital gains taxes because the gains are already subject to the relevant rules for withdrawing the funds.

You’ll be taxed on the amount of capital gain that’s over the standard exclusion of $250,000 for individuals and $500,000 for married couples. But, Stephen W. Chang, also a managing director of Acts Financial Advisors, says there are ways to extract some cash from the house without getting hit with a huge capital gains bill.

Reverse mortgages and home equity loans, he suggests, could pull money from a much-appreciated house without selling and losing money to taxes. And, if you intend to leave the house to heirs, he points out, they will face a different tax scenario. When you die, the value of the house resets to the current market and, if your heirs then sell the house, they would not have to pay long-term capital gains. Capital gains taxes are only owed on the amount of appreciation that occurs after the inheritance.

Long-term capital gains tax (2024)

FAQs

How do I get around long term capital gains tax? ›

Here are four of the key strategies.
  1. Hold onto taxable assets for the long term. ...
  2. Make investments within tax-deferred retirement plans. ...
  3. Utilize tax-loss harvesting. ...
  4. Donate appreciated investments to charity.

How do you evade long term capital gains? ›

Small investors can avail the benefit of exemption from tax on LTCG from the transfer of listed shares and units by opting for a systematic transfer plan, such that the overall gain in a financial year is below the threshold of ₹ 1 lakh.

How do you calculate long-term capital gains tax? ›

How to Calculate Long-Term Capital Gains Tax
  1. Determine your basis. The basis is generally the purchase price plus any commissions or fees you paid. ...
  2. Determine your realized amount. ...
  3. Subtract the basis (what you paid) from the realized amount (what you sold it for) to determine the difference. ...
  4. Determine your tax.

How to prove 2 out of 5 year rule? ›

If you used and owned the property as your principal residence for an aggregated 2 years out of the 5-year period ending on the date of sale, you have met the ownership and use tests for the exclusion. This is true even though the property was used as rental property for the 3 years before the date of the sale.

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.

Is there anyway to avoid capital gains tax? ›

Investing in retirement accounts eliminates capital gains taxes on your portfolio. You can buy and sell stocks, bonds and other assets without triggering capital gains taxes. Withdrawals from Traditional IRA, 401(k) and similar accounts may lead to ordinary income taxes.

How long do you have to reinvest to avoid capital gains? ›

Frequently Asked Questions about Capital Gains Tax

As long as you sell your first investment property and apply your profits to the purchase of a new investment property within 180 days, you can defer taxes. You might have to place your funds in an escrow account to qualify.

How long do you have to own something to avoid capital gains tax? ›

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. The seller must not have sold a home in the last two years and claimed the capital gains tax exclusion.

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.

Do I have to buy another house to avoid capital gains? ›

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 many months for long-term capital gains tax? ›

Generally, if you hold the asset for more than one year before you dispose of it, your capital gain or loss is long-term. If you hold it one year or less, your capital gain or loss is short-term.

How to avoid capital gains when selling 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 is the 5 year capital gains rule? ›

If you've owned and occupied your property for at least 2 of the last 5 years, you can avoid paying capital gains taxes on the first $250,000 for single-filers and $500,000 for married people filing jointly. Visit the IRS website to review additional rules that may help you qualify for the capital gains tax exemption.

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

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.

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

With some investments, you can reinvest proceeds to avoid capital gains, but for stock owned in regular taxable accounts, no such provision applies, and you'll pay capital gains taxes according to how long you held your investment.

How long do I have to buy another house to avoid capital gains? ›

You might be able to defer capital gains by buying another home. As long as you sell your first investment property and apply your profits to the purchase of a new investment property within 180 days, you can defer taxes.

At what age do you not pay capital gains? ›

Since the tax break for over 55s selling property was dropped in 1997, there is no capital gains tax exemption for seniors. 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.

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