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A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.
Short-Term Capital Gains Tax Rates for 2023 RateSingleMarried Filing Separately10%$0 ? $11,000$0 ? $11,00012%$11,001? $44,725$11,001? $44,72522%$44,726? $95,375$44,726? $95,37524%$95,376? $182,100$95,376? $182,1003 more rows ?
Long-term capital gains tax rates for the 2022 tax year FILING STATUS0% RATE20% RATESingleUp to $41,675Over $459,750Married filing jointlyUp to $83,350Over $517,200Married filing separatelyUp to $41,675Over $258,600Head of householdUp to $55,800Over $488,5001 more row ?
Massachusetts does not conform to amended IRC § 1061.
For tax year 2022, Massachusetts has a 5.0% tax on both earned (salaries, wages, tips, commissions) and unearned (interest, dividends, and capital gains) income. Certain capital gains are taxed at 12%.
Capital Losses: Capital losses can offset capital gains and up to $3,000 of ordinary income for federal purposes. Massachusetts allows capital losses to offset gains and up to $2,000 of interest and dividend income. Massachusetts does not allow a deduction against ordinary income.
Capital gains taxes are owed on the profits from the sale of most investments if they are held for at least one year. The taxes are reported on a Schedule D form. The capital gains tax rate is 0%, 15%, or 20%, depending on your taxable income for the year. High earners pay more.
While you'll still be obligated to pay capital gains after reinvesting proceeds from a sale, you can defer them. Reinvesting in a similar real estate investment property defers your earnings as well as your tax liabilities.