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Real estate offers unique tax advantages that can dramatically increase your after-tax returns. Learn about depreciation, cost segregation, 1031 exchanges, opportunity zones, and other strategies successful investors employ...
Learn about depreciation, cost segregation, 1031 exchanges, opportunity zones, and other strategies successful investors employ...
Frequently asked questions
Do I have to pay capital gains tax when I sell my house?
Often you don't. If the home was your primary residence for at least two of the last five years, IRS Publication 523 lets most single filers exclude up to $250,000 of gain and most married couples filing jointly up to $500,000. Gain above the exclusion, or on a property that wasn't your primary residence, is generally taxable. Confirm your specific situation with a tax professional.
Does selling to a cash buyer change how the sale is taxed?
No. The IRS treats a direct cash sale exactly like a financed sale — what matters is your cost basis, the sale price, and how long you owned and lived in the property. The difference is timing: a cash close can land the proceeds (and therefore the taxable event) in a specific tax year, which is worth planning around if you're near a year-end boundary.
What records should I keep for tax purposes after the sale?
Keep the closing disclosure, the original purchase settlement statement, and receipts for capital improvements — new roof, addition, HVAC replacement. Improvements raise your cost basis and reduce taxable gain, while routine repairs generally don't. Most tax advisors suggest holding these records for at least three years after you file the return covering the sale.
Can I sell an inherited house before probate is finished?
It depends on your state and how the property was titled. Property held in a living trust or passing through a transfer-on-death deed can often be sold right away, while property that must pass through probate usually needs the court to confirm the executor's authority first. Some states also allow a sale during probate with court approval, so ask the estate attorney which path applies.
Sources & further reading
Primary sources we consulted for this article. Rules vary by state and change over time — always confirm against the original source.
- 1Publication 523: Selling Your Home
Internal Revenue Service
The IRS rules on the home-sale capital gains exclusion, cost basis, and what proceeds are taxable.
- 2Topic No. 701: Sale of Your Home
Internal Revenue Service
When a home sale has to be reported on your federal return and how the exclusion is applied.
- 3Publication 559: Survivors, Executors, and Administrators
Internal Revenue Service
How stepped-up basis works for inherited property and what an executor is responsible for.

About the author
David Park
Investment Portfolio Manager
David Park works with the SilverCrest Estates acquisitions team, helping homeowners across 50+ US markets understand their options and close on their own timeline.
Disclaimer: This article is for general information only and is not legal, tax, or financial advice. Real estate rules vary by state and change over time. Consult a licensed attorney, tax professional, or financial advisor about your specific situation before acting.





