Capital gains tax if unemployed

Capital gains tax if unemployed

Member since 2016 · 11 posts · 1 vote

hi all, I've read a lot of capital gains but still I don't get answer.

I bought a house in 2016 for 200k, lived for a a few months, then moved and used it as rental property.

In 2022 I refinanced because of the low rates, got 150k cash out, owe 350k to the bank

In 2023 I received an offer to buy it for 450k, I was laid off so I only had 40k income in 2023 (so far) and we file married jointly, my wife doesn't have any income.

How much will I pay in capital gains taxes?

is the equity/cashout I got from the bank considered as capital gain and taxed? (150k)

is the capital gain considered income? so if I get 100k this year from the sell (450k-350k debt = 100k), will my total income in 2023 would be 140k? (40k income 2023 and 100k cash from the sell, minus commissions etc) or will the IRS consider only 40k (w2 income)

I know the 0% tax rate cap if married is 80k, so if capital gain is considered income then I won't sell because my income will surpass 80k, but if I don't have to pay capital gains because of being unemployed then I'll sell.

PS: I have another property that produces revenue but to my knowledge that is not considered taxable income for the capital gains (pardon for my non accountant lingo)

if needed I can pay for a quick consultation to clarify my question

thanks

Nat

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Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
3y

There's more to this than my overly simplified answer, but this at least gets you in the ballpark. Your gain is sale price, minus sale costs, minus original purchase price. E.g. $450K - $35k (just a guess) -$200k leaves a gain of $215k. 

The $150k you received before was part of the $215k gain but you never paid taxes on it. Until you sell there isn't a taxable event and so no taxes are due.

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  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    There's more to this than my overly simplified answer, but this at least gets you in the ballpark. Your gain is sale price, minus sale costs, minus original purchase price. E.g. $450K - $35k (just a guess) -$200k leaves a gain of $215k. 

    The $150k you received before was part of the $215k gain but you never paid taxes on it. Until you sell there isn't a taxable event and so no taxes are due.

  • Paul DefnginPro Member
    Lender · Rockville, MD · Member since 2008 · 498 posts · 199 votes
    3y

    @Nat Serrano, thank you for posting your question here on the forum. While there are a lot of good, smart, and well-meaning people on this forum, if I were in your shoes, I would seek out an actual Tax Enrolled Agent or CPA and have them help you. It not only will be money well spent but also potentially striking up a relationship with one.  

    Good luck. 

  • Lender · Fort Lauderdale, FL (Lending in FL CT GA MI PA) · Member since 2022 · 470 posts · 349 votes
    3y

    Matt's answer puts you on the right track. You current debt does not figure into your gain at all. You will also have depreciation recapture for the time it was a rental property which is treated as ordinary income (up to a maximum of 25%).  If you only planned on selling if your tax would be zero here, then you should hold. 

  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    3y

    Your capital gain is more than $100,000

    Capital gain is sales price less selling expenses less adjusted basis.

  • Member since 2016 · 11 posts · 1 vote
    3y
    Quote from @Paul Defngin:

    @Nat Serrano, thank you for posting your question here on the forum. While there are a lot of good, smart, and well-meaning people on this forum, if I were in your shoes, I would seek out an actual Tax Enrolled Agent or CPA and have them help you. It not only will be money well spent but also potentially striking up a relationship with one.  

    Good luck. 


     any recommendation? (tax accountant with real estate emphasis)

  • Paul DefnginPro Member
    Lender · Rockville, MD · Member since 2008 · 498 posts · 199 votes
    3y
    Quote from @Nat Serrano:
    Quote from @Paul Defngin:

    @Nat Serrano, thank you for posting your question here on the forum. While there are a lot of good, smart, and well-meaning people on this forum, if I were in your shoes, I would seek out an actual Tax Enrolled Agent or CPA and have them help you. It not only will be money well spent but also potentially striking up a relationship with one.  

    Good luck. 


     any recommendation? (tax accountant with real estate emphasis)


    I'd start with your Sphere of Influence in your area first for recommendations, then call a few of them to see if they would be a good fit - not just based on their knowledge, expertise, but also personality.  I prefer to work with people that are not only knowledgeable, experts in their field, but I have to also like them. So, personality for me is huge. If someone doesn't align with my personality, I don't care how good they are, I personally won't work with them. 

    There is also I believe a CPA referral page here in BiggerPockets 

    https://www.biggerpockets.com/...


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