Strategies for Taxes on Long Term Sale?

Question

My dad is going to be selling his home soon, a house he has lived in for almost 40 years. He will more than likely be able to sell it for close to $2M, and his basis is probably around 500k. This sale is what is going to help him be able to truly retire, so I'm trying to find any available strategies to him to eliminate as much of the potential capital gains as possible. He does plan to use some of the proceeds to purchase a new home, but it will probably be 1/3 of the value of his current home, so I'm assuming no sort of exchange applies. Any tips or advice would be greatly appreciated.

Account Closed · Answer

When your dad sells his home with a substantial capital gain, there are several strategies and tax considerations he can explore to minimize the capital gains tax liability. Keep in mind that tax laws can change, and it's important to consult with a tax professional for personalized advice based on his specific situation. Here are some potential strategies:

• Primary Residence Exclusion (Section 121): If your dad has owned and lived in the home as his primary residence for at least two of the last five years, he may qualify for the Primary Residence Exclusion. This allows individuals to exclude up to $250,000 ($500,000 for married couples filing jointly) of capital gains from the sale of their primary residence from their taxable income. This exclusion can be used once every two years.
• Partial Exclusion for Reduced Use: If your dad is selling his home due to a change in health, employment, or unforeseen circumstances before meeting the two-year ownership and residence requirement, he may be eligible for a reduced exclusion based on the time he lived in the home.
• Purchase of a Smaller Home: While your dad intends to purchase a new home worth less than his current one, this won't qualify as a 1031 Exchange (like-kind exchange) since personal residences don't qualify for this type of exchange. However, the purchase of a new home can still help reduce the capital gains tax liability.
• Keep Records of Improvements: Ensure that your dad has maintained records of any improvements made to the home over the years. These improvements can be added to the home's cost basis, reducing the taxable gain.
• Consult a Tax Professional: Given the significant amount involved, it's advisable to consult with a tax professional or CPA who specializes in real estate transactions and tax planning. They can provide a more accurate assessment of your dad's potential tax liability and recommend strategies to minimize it.
• Consider Installment Sales: Depending on your dad's financial needs and future plans, he could consider structuring the sale as an installment sale, where he receives payments from the buyer over time. This can help spread the capital gains over several years and potentially reduce the immediate tax impact.
• State Tax Considerations: Be aware of state-level capital gains taxes, which may apply in addition to federal taxes. State tax laws can vary widely, so it's important to understand the implications for your specific state.
• Estate Planning: If your dad has an estate plan, consider how this sale may impact his overall financial situation and any potential estate tax implications.

Ultimately, careful planning and consideration of these strategies, along with consultation with a tax professional, can help your dad minimize his capital gains tax liability and make the most of the proceeds from the sale of his home for his retirement.

Julien Jeannot · Answer

Could do owner financing. Doesn't remove the tax liability, but would spread it out and likely would apply a better tax bracket rate due to the lower amounts.

Bill B. · Answer

The only “common” fix for this problem would be to turn his home in to a rental for 2 years (while he lives there or somewhere else.) Then he can sell for $2mil, subtract his $500k basis, and hopefully he’s married $500k (or $250k if single) tax free.  Use that money to either buy his new primary home or pay off his mortgage on the home he bought two years earlier. Then do an exchange of either $1mil or $1.25mil tax deferred. (He could also buy a fancy duplex on the beach or some other ideal location where the rental half if worth $1-1.2mil and live in the other half.)

The idea is you’re turning your primary in to both a primary and a rental property so you can combine the tax savings. If he is single, marrying a partner would save him taxes on $250k.