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August 16, 2024
Question

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

  • August 16, 2024
  • 2 replies
  • 0 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

    Employee
    August 16, 2024

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

    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.