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Capital Gain Tax: The Dilemma

By
Real Estate Agent with Berkshire Hathaway Home Services CalBRE#01383378

Good news!  You bought your house, years ago, for what seems like a song today.  You’re amazed you could sell your house for SIX times more than what you paid for it!!!  You’ve never felt richer!  You head to your accountant with the good news.  Your accountant tells you that at the sales price you think you can get, you’ll have an enormous capital gain tax to pay.  Suddenly, you’ve never felt poorer!

broke

Your accountant has provided you with a few options to avoid paying the capital gain tax.

One of the options is to rent your house out for a couple of years and wait to see if there is a downturn in the market so you’ll pay less in capital gain tax. Sure, it's a gamble that comes with a steep price if you rent it too long.  How?  If you rent it out for more than three out of five years, you will lose your $250,000 capital gain tax exemption for singles or $500,000 for joint owners.  To keep you exclusion you will need to sell before that point or move back in  to ensure you meet the occupancy and use rules. 

If you want to forgo the capital gain exclusion, you can defer taxes through a 1031 exchange and take on managing investment property from here on out. 

monopoly image

 

But what if you need the money to move into another residence?

First, let’s backtrack a moment.  I’ll assume that you kept track of all of your enhancement expenses (not maintenance costs), any assessments charged by your HOA, any qualifying closing costs and your cost basis.  Did you keep all your receipts?  If not, talk to your accountant to see if you can recreate proof of expenses.  It could help bring down the amount of capital gain tax you owe. 

The capital gain tax is 15-20%, dependent on your income level.  If your current income brings you to a higher tax bracket, would post-retirement income bring you to a lower level?  Would deferring social security or 401K income until after age 70 make sense?  Talk to your accountant as the tax on your gain has to truly warrant this type of deferment.

However, if these options don’t offer relief, you are faced with some tough decisions.  If you explore renting your house out, ask yourself the following questions:

 

managing property

  •          Are you prepared to take on the job of being a landlord? 

 

  •          If a tenant is rough on the house or something needs fixing, are you prepared to deal with that expense?  Keep in mind, this will be an out-of-pocket and with a tenant in place, you’ll need to fix it immediately.  Can your cash flow or reserves, handle this?

 

  •          If you are out-of-the area, can you find a reliable property manager to find tenants, manage property, fair housing laws and deal timely with issues?   If a vacancy occurs or your tenant stops paying, can you still keep the property afloat?  IRS deductions vary depending on whether you actively or passively manage the property.

 

  •          If you want to preserve your capital gain exclusion, are you prepared to sell in three years regardless of the market's position?  Or, are you prepared to move back in?

 

  •           If you decide to do a 1031 exchange, do you really want to deal with the requirements of a 1031 exchange?  Strict guidelines must be adhered to in order to continue tax deference.  Perhaps only a partial deferment of excess capital gain into 1031 exchange?
  • Are there other options to consider?  We'll explore this question in a future post.

 

I know most would-be- retiree/landlords haven’t thought through all of the legal and tax ramifications.  Many weren't even aware of the capital gain exclusion, since they bought so long ago.  If you bought before 1998, you may be thinking you have a one-time capital gain exclusion of $100,000, over the age of 55.  The Tax Relief Act of 1998, truly addresses gains to be made in this peaking market.  No other asset class has such a tremendous tax exclusion.

 

Maybe, that $250,000 tax exclusion per owner, might just be enough.  Maybe you won’t mind paying the tax on any gain over your $250,000 or $500,000 exclusion.  Is the money in hand, worth it?  Your accountant should help you answer that question.

take the money and run

 

Posted by

 Margaret Kapranos, SRES, (Senior Real Estate Specialist) and Real Estate Advisor for Sonoma and Marin County.

 

 

Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Margaret

It's clearly a situation where tax advice should be sought before making any decisions so you can plan for possible outcomes and implications in a situation like this. No doubt there are homeowners who have owned for a while who could be facing this issue.

Jeff

May 10, 2016 01:03 PM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Oh my -- there are a lot of things to consider for sure.  Just wondering about your comment regarding retirees and folks over 70 who have rented for more than 3 years. ... curious what the options may be.

May 10, 2016 02:24 PM
Margaret Kapranos

Definitely they need to talk to their accountant.  I'll be exploring the concept of a reverse PURCHASE mortgage as a way to move out of a house that is too big, too expensive to maintain etc and buy a new house, better suited for their needs, without a montly mortgage.  If a seller then has a big capital gain hit, without a mortgage payment, they can then afford the gain without fear that their nest egg is being whittled away.  It's another solution but I didn't write about it in this post.

May 11, 2016 02:59 AM
Dorte Engel
RE/MAX Leading Edge - Bowie, MD
ABC - Annapolis, Bowie, Crofton & rest of Maryland

Dear Margaret,

Must be nice to work in a market, where this is a problem. For housing, I would say, you have to sell, when you have to sell. The only twist might be to sell in a year, when you have less income, but otherwise, just pay the tax & enjoy the nice roads & smarter grocery store bag clerks it pays for. You could have chosen to move to Detroit years ago.

May 10, 2016 03:29 PM
Margaret Kapranos

As Realtors, I think we should seek to be helpful given our specific market conditions.  We have a dearth of inventory in my area, in part because of capital gain taxes.  If I can help educate, I will.  I'd rather see renters become homeowners by freeing up frozen inventory.

May 11, 2016 03:01 AM
Debra Leisek
Bay Realty,Inc Homer Alaska - Homer, AK

if they made that much money in 6 years they can afford to pay some taxes on it...

May 10, 2016 04:17 PM
Margaret Kapranos

They may not be able to especially if these are seniors on fixed income who want out of a house they can't afford to maintain.  Their dilemma in our area, is where can they afford to go in order to stay in our increasingly expensive area, with some reserve left for the rest of their life?   Our inventory has become frozen around this issue and more and more rentals are going on our MLS.  We have an increasing supply of renters, instead of owners.  I look at this as what can I do to help?  Besides this post, I'll be looking to hold seminars with accountants etc.

May 11, 2016 03:03 AM
Debra Leisek

well it is hard to understand the complete picture  but you said they made 6 x more than they paid for it and  500,000 of it is tax free so how much can they have made beyond the 500,000 that cant be paid in taxes?  Making more than 500,000 in 6 years on a home is pretty impressive...but with no know actual numbers there is no way to weigh in. I hope they have a good tax person who actually understands the system.  Most people dont make their entire retirement off buying a home and 6 years later make 6 times the value in profit.... sounds like the lottery to me

May 11, 2016 03:32 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

That was a very informative overview of capital gains tax impacts from a sale. 

May 10, 2016 08:06 PM
Sham Reddy CRS
Howard Hanna RE Services, Dayton, OH - Dayton, OH
CRS

Thanks for great information:

Many weren't even aware of the capital gain exclusion, since they bought so long ago.  If you bought before 1998, you may be thinking you have a one-time capital gain exclusion of $100,000, over the age of 55.  The Tax Relief Act of 1998, truly addresses gains to be made in this peaking market.  No other asset class has such a tremendous tax exclusion.

May 10, 2016 09:27 PM
Rob Spinosa
US Bank - Larkspur, CA
Mortgage Loan Originator, Marin County

Great post, Margaret Kapranos, and nice to see a fellow Marin real estate professional here on Active Rain!

May 10, 2016 10:20 PM
Sharon Kowitz
CRS-SRES-ABR-GRI-E-Pro-CREN ~ COMPASS RE - Cary, NC
Cary, NC Relocation Specialist ~ Buying or Selling

Great post and very informative, thanks for sharing!

May 10, 2016 11:36 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Oh the problems of the rich. I once heard someone complaining on how much tax they would pay on a million dollars. What a nice problem to have thought I...

May 10, 2016 11:51 PM
Nicole Doty - Gilbert Real Estate Expert
Zion Realty - Gilbert, AZ
Broker/Owner of Zion Realty ZionRealtyAZ.com

Taxes are so complicated which is why I run everything through my CPA. She tells me exactly what to do. 

May 11, 2016 01:30 AM
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Those with lots of equity are face with the dilemma with tax. Most do not want to pay income tax and want heirs to inherit them so they get clubber with inherience tax as well.  Very selfish people in my opinion. 

May 11, 2016 01:49 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Margaret, I've owned the same house since the early 1980's, and I might need a marriage of convenience when it's time to sell!

But one thing - I think it's better to sell for more in a strong market than less in a weaker one.  You'll net more even after capital gains.  And it's probably better to pay some taxes than to lose money on a house!  

Also, careful estate planning can save you a boatload of taxes - your heirs' get a new basis after you die, so they don't have to pay capital gains at all.

May 11, 2016 01:59 AM
Deb Kirschbaum
MB/Priority Properties, Inc. - Denver, CO

Thanks for the post!  It was very infomative and in this market...a timely read!

 

May 11, 2016 02:04 AM
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Very informative blog for sellers who have accumulated equity in their homes over a long period of homeownership. Curious as to the $250k exemption on third ownership - Is that valid only if they are part of the deed at the time of purchase? What happens if the additional owners were added after the fact. There would seem to be no cap on exemptions. I was under the impression that the max exemption was $500k. I guess that is a question I will be posing to my accountant.

May 11, 2016 03:32 AM
Margaret Kapranos

I would definitely go to the accountant.

May 11, 2016 04:09 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

It would be easier to just get married and claim the $500K.  Geez, being a landlord ain't easy and the rent is INCOME which must be accounted for.  Personally, I think all the capital gains on property should be elminated!!  We pay taxes on top of taxes for that property.  The money in a long-term hold on personal property keeps many people OFF THE PUBLIC DOLE, so why are owners who own penalized with capital gains taxes?  

May 11, 2016 05:44 AM
Margaret Kapranos

now we're talking!

May 11, 2016 08:35 AM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Good post. I think all agents should have the capital gains talk with their sellers.

May 12, 2016 07:49 AM
Mike Wong
Keller Williams Realty Southwest - Sugar Land, TX
Realtor: Commercial, Residential, Leasing, Invest

This is a factor many consumers never consider until after a transaction is closed and they are staring at their account or check. In commercial we deal with capital gain and 1031 exchange conversations all the time. Getting ready to go on a listing appointment next week to meet with a client that I know has sold several properties so far this year because of price and demand in the market. 

We may be looking at leasing options or a 1031 exchange for his next deal. 

May 12, 2016 02:10 PM
Margaret Kapranos

The difference between an investor and not, the investor pays attention to the details.  A big detail is always in the taxation structure!

May 13, 2016 02:03 AM
John Herman
Property Up Inc. - Barrington, IL
Licensed Illinois Managing Broker- Property up Inc

Great post with huge information on capital gain and tax benefits over real estate. Good Job!

May 12, 2016 05:58 PM
Margaret Kapranos
Berkshire Hathaway Home Services - Novato, CA
San Francisco Bay Area REALTOR. 415-608-5070

Thank you very much!  Hope it helps.

May 13, 2016 02:01 AM
Kartik Subramaniam
Adhi Schools, LLC - Rancho Cucamonga, CA
Market Analysis--Educational Content, Adhi Schools

Just found this via re-blog and I am very happy I did! Everyone involved in real estate, no matter what they do, should be more familiar with this and be prepared to discuss it. 

Aug 04, 2016 02:59 AM