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Level 1
August 16, 2024
Question

Capital gains on sale of rental property for someone over age 65

  • August 16, 2024
  • 2 replies
  • 4 views

I own a rental property in Marietta Ga. that I am thinking of selling and have a couple of questions. I am over 80 years old & married.

1. Is there any way of avoiding paying capital gain on he sale? Would putting the proceeds in a trust work? How about  using the gains to invest in an REIT?

 

2 What would the tax rate be on the sale for someone over 65 making adjusted gross would be less than $500,000

 

Thanks

Frank

    2 replies

    Level 15
    August 16, 2024

    Short of a 1031 exchange you will not avoid the 15% capital gains tax. 

    Mike9241
    Level 15
    Level 15
    August 17, 2024

    the capital gains tax rate will depend on the gain when added to other income.

    depreciation recapture can be taxed as high as 25% it's only the gain in excess of the depreciation recapture that gets the favorable capital gains rate. In addition, the smaller of your modified adjusted gross income in excess of $200,000 or your net investment income would be subject to the 3.8% net investment income tax. 

    Mike9241