Avoiding Taxes when Selling an Investment Property or Home

Bypass the Capital Gains Tax!

We all have to pay taxes on almost all income we receive, fortunately there are several tax breaks available for us to take advantage of if we legally qualify for them. This is known as tax avoidance. Our judicial system realizes that, as citizens, we should be able to take advantage of
 any and all tax break laws available to us without the risk of being penalized for doing so, even if we knowingly arrange our business dealings in order to qualify for particular breaks. On the other hand, there are those that outright fail to even report certain income. This is known as tax evasion which is punishable under law and can carry hefty fines and/or jail time if convicted.

When selling an investment property, there are several steps that you can take to reduce or eliminate capital gains taxes that would normally be owed to the government. If your note were to be treated as capital gains, you could face very high taxes for selling the property. These include a 5% tax for those in the 24% and under tax brackets, a 15% tax for those in the 25% and higher tax brackets, and/or a 25% tax for the sale of property that has depreciated during your ownership to offset tax credits you may have received in past years.

You can also have the property qualify for ordinary income by living on the property as your primary residence for a total of two years out of the five years prior to selling it. These two years also do not have to happen at the same time, as long as they total 24 months. If you do this, you can receive up to $250,000 (if filing as single) or $500,000 (if filing jointly) without owing any taxes. It is important to note, however, that you can only qualify for this tax break on one property every two years.

Related information
  • Live on the property for 2 years to save taxes on up to $500,000
  • Invoive the property in a 1031 exchange
  • Restructure or amend the loan on the property
 
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There's also the 1031 exchange option, where you sell your property and buy a 'like' property and avoid paying capital gains taxes. You buy a property that offers you more cash flow or appreciation potential: http://www.investmentpropertiesinfo.com/1031_exchanges.html

Posted on 06/19/2008 at 6:06:46 PM

I have a home that I used as my primary residence in the begginning of ownership. Then I rented it out due to my working over sea's. Since I don't have access to my records. (6,000 miles away) I don't recall if I will have lived in the home for 24 months out of the 60 prior to my closing sceduled sometime 2008. I do own land that I plan on building on in about 2 years. If I learn I did not live in it for 24 out of the 60 months, is the construction cost of the new home considered reinvesting my gain? Also, is there a time limit that I must build after the sale of my home? Thank you.

Posted on 01/06/2008 at 3:01:58 AM

I have an investment property that is currently rented by a tenant. Century 21 manages the property. However, there are two mortgages on it. I want help in determining what I need to do to get the property off my hands. Any advice would be helpful.

Posted on 10/05/2007 at 5:10:00 PM

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