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    Legal & Title

    Capital Gains Tax

    SilverCrest EstatesThe SilverCrest Estates Team

    Definition

    Capital gains tax applies to the profit made from selling a property, calculated as the sale price minus your original cost basis and eligible selling expenses. Homeowners who lived in the property as their primary residence for at least two of the last five years can often exclude a substantial amount of that gain from taxation entirely. Investment or rental properties generally don't qualify for that exclusion, though tools like a 1031 exchange can defer the tax if you reinvest in another property. For a homeowner planning a sale, understanding roughly how much gain you have and whether you qualify for the exclusion is worth doing well before closing, since it can significantly affect your net proceeds.

    Example

    Wendy bought her house years ago for $180,000 and invested another $30,000 in improvements over time, then sold it for $310,000 after her kids moved out and she decided to downsize. Her gain came out to roughly $100,000 before factoring in selling costs and closing fees that further reduced the taxable amount. Because the house had been her primary residence for years, she qualified for the capital gains exclusion and was able to keep the entire gain without owing federal tax on it. She kept careful records of her original purchase price and every major improvement receipt to document her cost basis accurately. Wendy still spoke with a tax professional beforehand just to confirm her numbers and filing status lined up correctly. That extra step gave her confidence heading into closing that there wouldn't be any surprises at tax time the following spring.

    Frequently asked questions

    Many sellers of a primary residence owe nothing thanks to the capital gains exclusion, though rental properties, second homes, and very short holding periods are treated differently, so it's worth confirming with a tax professional.

    Generally yes. Heirs typically receive what's called a stepped-up basis to the property's value at the date of death, which can significantly reduce or even eliminate any taxable gain.

    The exclusion amount depends on your filing status and specific circumstances, and a tax professional can confirm exactly how much applies to your situation before you sell.

    No, the tax treatment depends on your profit, ownership history, and how the home was used, not on whether the buyer pays with cash or financing. A quick cash sale simply changes your timeline, not your tax obligation.

    Your original purchase price plus qualifying capital improvements, such as a new roof or an addition, generally increases your basis and reduces your taxable gain, so keeping receipts matters.

    A 1031 exchange can allow you to defer the tax by reinvesting proceeds into another qualifying investment property, though it comes with strict timelines and rules that a tax advisor should walk you through.

    You may not qualify for the full exclusion, though certain hardship exceptions like a job change, health issue, or unforeseen circumstance can sometimes allow a partial exclusion.

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