11 ways to lower taxes when selling your property

[Julio Gonzalez]

Selling an investment property can result in significant capital gains taxes. To minimize this tax burden, consider the following strategies:

1. Utilize a 1031 Exchange: Under IRS Code Section 1031, you can defer capital gains taxes by reinvesting the proceeds from the sale into a similar “like-kind” property. This allows you to postpone tax liability until you sell the new property without a subsequent exchange.

2.  Purchase Another Investment Property and Utilize a Cost Segregation Study:

When you reinvest in a new investment property, you can perform a cost segregation study to accelerate depreciation. This strategy identifies components of the property that can be depreciated over shorter timeframes (e.g., 5, 7, or 15 years instead of the standard 27.5 or 39 years). The increased depreciation deductions can offset your taxable income, including gains from the sale of the previous property. This is particularly effective when paired with bonus depreciation provisions.

This method not only helps reduce your tax liability but also enhances cash flow, making it a powerful tool for real estate investors looking to grow their portfolios.

3. Convert the Property to a Primary Residence: If you live in the property for at least two of the five years before selling, you may qualify for the primary residence exclusion, which allows you to exclude up to $250,000 of capital gains ($500,000 for married couples) from taxation.

4. Offset Gains with Capital Losses: If you have other investments that are currently at a loss, selling them can offset the gains from your property sale, reducing your taxable income.

5. Invest in Opportunity Zones: Reinvesting capital gains into Qualified Opportunity Funds, which invest in designated low-income areas, can defer and potentially reduce capital gains taxes.

6. Establish a Charitable Remainder Trust (CRT): By placing the property into a CRT, you can receive a charitable deduction, defer capital gains taxes, and receive income from the trust. Upon the trust’s termination, the remaining assets go to a designated charity.

7. Time the Sale Strategically: Selling the property in a year when your income is lower can place you in a lower capital gains tax bracket, reducing the tax rate on your gains.

8. Deduct Selling Expenses: Costs associated with selling the property, such as real estate commissions, legal fees, and advertising expenses, can be deducted from your sales price, thereby reducing your taxable gain.

9. Increase Your Cost Basis: Document and include the costs of significant improvements made to the property in your cost basis. A higher cost basis reduces the capital gain upon sale.

10. Consider an Installment Sale: By structuring the sale to receive payments over multiple years, you can spread the capital gains tax liability over time, potentially keeping you in a lower tax bracket each year.

11. Donate the Property: Donating the property to a qualified charitable organization can provide you with a charitable deduction equal to the property’s fair market value and eliminate capital gains taxes.

Implementing these strategies requires careful planning and consideration of your specific financial situation. It’s advisable to consult with a tax professional or financial advisor to determine the most appropriate approach for your circumstances.