How to avoid capital gains tax (2024)

Most people are familiar with the various forms of taxes we pay, including income taxes, sales taxes, and property taxes. But a less commonly understood tax that many of us pay is the capital gains tax, which applies to many of the assets in our investment accounts, as well as physical assets like our home and valuable collectibles.

Capital gains taxes can reduce the portion of our investment earnings that end up in our pockets, but there are plenty of ways to reduce them — or even avoid them altogether.

What is capital gains tax?

A capital gain is something that can occur when you sell an asset — it’s the difference between your adjusted basis (usually the price you purchased it for) and the amount you sell it for. Capital gains taxes are the taxes that apply to these investment gains.

Capital gains taxes are different from other types of taxes we pay, such as income taxes and sales taxes. First, they are sometimes (though not always) taxed at different rates from our normal income. Additionally, they are specifically triggered when we sell a capital asset for a profit.

Types of capital gains taxes

There are two types of capital gains taxes: short-term and long-term. Short-term capital gains taxes apply to the profits on assets you held for one year or less. Short-term capital gains are taxed at your ordinary income tax rate. You’ll pay somewhere between 10% and 37% of your short-term capital gains depending on your taxable income.

Long-term capital gains taxes apply to the profits from assets you held for more than one year. Long-term capital gains are taxed at a special rate of either 0%, 15%, or 20%, depending on your taxable income. Most people pay either 0% or 15%. Individuals of every income level can expect to pay less in long-term capital gains taxes than short-term ones.

Types of assets subject to capital gains tax

Capital gains taxes apply to anything that’s considered a capital asset. These may include securities such as stocks, bonds, mutual funds, etc. These taxes also apply to physical assets, including your home, valuable collectibles, jewelry, personal use items, and more.

Most assets are subject to the normal short-term and long-term capital gains tax rates, but there are some exceptions. Here are a few examples:

Asset type

Maximum capital gains tax rate

Section 1202 qualified small business stock

28%

Collectibles, including coins or art

28%

Unrecaptured Section 1250 gains on Section 1250 real property

25%

Calculating capital gains tax

A capital gain is computed by subtracting the adjusted basis of an asset from the selling price. So, if you bought a stock for $1,000 and sold it for $2,000, you would generally realize a capital gain of $1,000. You will owe tax on this $1,000 capital gain during the tax year when you sell the asset.*

Put simply: Capital Gain = Selling Price – Purchase Price

Note that tax is only owed on capital gains when they are realized or sold. If you hold onto this stock instead of selling it, you have what’s termed an unrealized capital gain. No tax would be due on the gain until you sold the asset.

The rate of tax that’s due on capital gains depends on how long you have held the asset. If you hold a stock for one year or longer, your gain will be taxed at the long-term capital gains tax rate. But if you hold a stock for less than one year before selling it, your gain will typically be taxed at your ordinary income tax rate.

If you sell assets throughout the year, it’s important to accurately maintain those records so you can properly report and pay taxes on your gains. Additionally, depending on your income level and the amount of capital gains taxes you owe, you may need to make estimated tax payments, so you don’t owe interest or penalties to the IRS.

*For illustrative purposes only

Strategies to minimize capital gains tax

There are a few steps you can take to either reduce or eliminate capital gains taxes on some or all of your assets.

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.

While marginal tax brackets and capital gains tax rates change over time, the maximum tax rate on ordinary income is usually higher than the maximum tax rate on capital gains. Therefore, it usually makes sense from a tax standpoint to try to hold onto taxable assets for at least one year, if possible.

For example, let’s say you use the Single filing status and have a taxable income of $200,000 and a taxable capital gain of $1,000. If you have held your assets for more than one year, you’ll pay a long-term capital gains tax rate of 15%, resulting in a $150 tax liability. If you’ve held the asset for one year or less, you’ll pay your ordinary income tax rate of 32% — that’s a tax liability of $320.

Take advantage of exemptions

While capital gains tax generally applies to all gains arising from the sale of capital assets, there are some exceptions, the most notable of which is the sale of your home. Federal tax law provides a capital gains tax exclusion of up to $250,000 (or $500,000 for married couples filing jointly) on profits from the sale of a home.1

Keep in mind a few rules for this special exclusion:

  • It only applies to a home if it is your primary residence. It doesn’t apply to rental properties.

  • You must have lived in the home for at least two of the past five years. However, you don’t need to have lived in the home for two consecutive years.

  • You can only take advantage of this exclusion once every two years.

To accurately calculate how much you’ll owe, determine your cost basis. Consider your purchase price plus the cost of home additions and improvements with a useful life of more than one year you've made along with expenses associated with the purchase and sale of the home. Those items may include closing costs, title insurance, settlement fees, real estate commissions and attorney’s fees. Subtract your full cost basis in the home from the sale price to arrive at your taxable profit.

Keeping accurate records of your basis can help you when it comes to deducting costs from the sale price of the home and to help lower your capital gain on the home sale. Thorough records could help make a difference if you’re right on the edge of the $250,000/$500,000 exemption threshold.

Use tax-advantaged accounts

An easy and impactful way to reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don’t pay income or capital gains taxes at all on the assets in the account. You’ll just pay income taxes when you withdraw money from the account.

Since retirement account funds can grow on a tax-deferred basis, the account balances may grow more than if capital gains taxes were assessed. Roth IRAs and Roth 401(k) plans take this one step further — taxes on gains aren’t assessed even when funds are withdrawn in retirement, if certain rules are followed.

Consider tax-efficient investment choices

Certain investments are more tax-efficient than others. Opting for these more efficient investments — and avoiding or being strategic about the less efficient ones — can help reduce your capital gains tax burden.

One example of an asset that's inefficient for tax purposes is an actively managed mutual fund. A mutual fund is a pooled investment with many underlying securities. By investing in the fund, you own a piece of each asset in the fund.

When a mutual fund is actively managed, it means a fund manager is regularly buying and selling assets within the fund. The capital gains on these sales are passed along to the fund’s investors. And chances are at least some of those assets are creating short-term capital gains, which result in an even higher tax burden.

A good way to benefit from tax-efficient investment choices is to be strategic about where you hold certain assets. Tax-advantaged retirement accounts allow you to avoid capital gains taxes altogether. To minimize your tax burden, you can hold your most tax-efficient investments in your taxable brokerage account, while holding less tax-efficient assets in your tax-advantaged accounts.

Tip: Bonds are considered less tax-efficient because of their interest income. Though this interest is subject to ordinary income taxes rather than capital gains taxes, holding your bonds in your tax-advantaged accounts is another action that could save money on the taxes on your investments.

Use a 1031 exchange for real estate

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. Specific rules must be followed to properly complete the 1031 exchange; you can utilize a qualified 1031 exchange intermediary escrow company for this type of transaction.

The capital gains tax bill will be paid once the new property is sold. Savvy real estate investors may decide to defer the capital gains on rental property indefinitely by continuing to use 1031 exchange transactions for all their rental property sales.

Pay less for inherited assets

The IRS offers a favorable tax treatment for assets you inherit rather than those you purchase yourself. When you inherit an asset, the adjusted basis is generally its fair market value when the previous owner died rather than when they purchased it.

Here’s an example of how that could help you save money. Suppose your parents purchased shares of Microsoft stock 20 years ago on January 1, 2004 at a per-share price of $27.90. Fast-forward a couple of decades and your parents passed away on January 1, 2024, when Microsoft’s stock price was $400.57. Your adjusted basis in the stock is based on the price at the time of their death, saving you hundreds of dollars in taxable gains for each share.

Utilize tax-loss harvesting

This strategy involves selling underperforming investments and booking a loss. You can use these capital losses to offset taxable investment gains and up to $3,000 each year of ordinary income. Unused investment losses each year can be carried forward indefinitely to offset capital gains and ordinary income in future years.

For example, suppose you realized a taxable profit of $5,000 on a stock sale this year. However, you own a stock that has fallen in value by $2,000 and you don’t expect it to recover anytime soon. You could sell this stock, book the $2,000 loss, and reduce the taxable gain on the other stock to just $3,000.

It’s important to note that you can buy back the stock you sold at a loss if you wait at least 30 days to do so. If you buy it back sooner than this, the so-called “wash-sale rule” will prohibit you from using the loss to offset the capital gain.

Read more: How tax-loss harvesting can reduce your tax bill

Charitable giving

Investments that have appreciated in value from when you purchased them and held long-term can be donated to charity. If you itemize, you will receive a charitable donation tax deduction for the fair market value of the investment on the date of the charitable donation. No capital gains tax is assessed on the gain for such investments donated to a qualified charity.

Conclusion

Capital gains taxes are an inevitable part of investing. Yes, they can eat into your investment earnings, but they certainly aren’t a good reason not to invest. A trusted financial advisor may be able to help you reduce the amount of capital gains taxes you have to pay. When you’re creating your investment strategy, choose one of these strategies — or, better yet, choose multiple strategies — to help you minimize your capital gains tax liability.

How to avoid capital gains tax (2024)

FAQs

How can you avoid paying capital gains tax? ›

Use tax-advantaged accounts

Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account. You'll just pay income taxes when you withdraw money from the account.

Can I reinvest my capital gains to avoid taxes? ›

Reinvest in new property

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.

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

The capital gains tax property six-year rule allows you to treat your investment property as your main residence for tax purposes for up to six years while you are renting it out. This means you can rent it out for six years and still qualify for the main residence capital gains tax exemption when you sell it.

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.

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 much capital gains are tax free? ›

Long-term capital gains tax rates for the 2023 tax year
FILING STATUS0% RATE15% RATE
SingleUp to $44,625$44,626 – $492,300
Married filing jointlyUp to $89,250$89,251 – $553,850
Married filing separatelyUp to $44,625$44,626 – $276,900
Head of householdUp to $59,750$59,751 – $523,050
1 more row
Mar 13, 2024

Do you pay capital gains after age 65? ›

Whether you're 65 or 95, seniors must pay capital gains tax where it's due.

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 to offset capital gains tax? ›

How to Minimize or Avoid Capital Gains Tax
  1. Invest for the Long Term.
  2. Take Advantage of Tax-Deferred Retirement Plans.
  3. Use Capital Losses to Offset Gains.
  4. Watch Your Holding Periods.
  5. Pick Your Cost Basis.

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.

How many years to stay in a house to avoid capital gains tax? ›

You must have lived in the house for at least two years in the five-year period before you sold it. Owning the home isn't enough to avoid capital gains on the sale — the IRS also wants to make sure that you actually intended to live in the house, at least for a certain period of time.

What is the exemption for capital gains tax? ›

When does capital gains tax not apply? If you have lived in a home as your primary residence for two out of the five years preceding the home's sale, the IRS lets you exempt $250,000 in profit, or $500,000 if married and filing jointly, from capital gains taxes. The two years do not necessarily need to be consecutive.

How can I legally avoid capital gains tax? ›

9 Ways to Avoid Capital Gains Taxes on Stocks
  1. Invest for the Long Term. ...
  2. Contribute to Your Retirement Accounts. ...
  3. Pick Your Cost Basis. ...
  4. Lower Your Tax Bracket. ...
  5. Harvest Losses to Offset Gains. ...
  6. Move to a Tax-Friendly State. ...
  7. Donate Stock to Charity. ...
  8. Invest in an Opportunity Zone.
Mar 6, 2024

What is exempt from capital gains? ›

If you sell or give away personal belongings ('chattels') then there will be no CGT if your share of the proceeds or value when given away is less than £6,000. See Selling shares and other assets for more information. Please note, however, that company shares are not usually exempt from CGT.

What income level avoids capital gains tax? ›

According to the IRS: A capital gains rate of 0% applies to those single filers with taxable income of up to $44,625, or $89,250 for investors who are married and filing jointly.

What can you off set against capital gains? ›

Tax loss harvesting: In Canada, you can offset capital gains with capital losses. This reduces your overall tax burden and is known as tax loss harvesting. Lower-performing funds in a portfolio generate a capital loss that may be used to offset all or part of any realized capital gains.

How to avoid capital gains tax over 65? ›

Utilize Tax-Advantaged Accounts: Tax-advantaged retirement accounts, such as 401(k)s, Charitable Remainder Trusts, or IRAs, can help seniors reduce their capital gains taxes. Money invested in these accounts grows tax-free, and withdrawals are not taxed until they are taken out in retirement.

How to avoid paying capital gains tax on inherited property? ›

Here are five ways to avoid paying capital gains tax on inherited property.
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

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