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Level 4
June 4, 2020
Solved

What is capital gains rate on the sale of home

  • June 4, 2020
  • 16 replies
  • 54 views

I have a client with no taxable income (her taxable social security and pension combined are less than her standard deduction).  However, she sold a home for $1,400,000 that she purchased in 1973 with a cost basis of less than $100,000.  With her exclusion her capital gain on the sale is close to $1,000,000.

Does she have to pay capital gains tax on this transaction?

KMACK

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Best answer by sjrcpa

Maximum rate is 20%. Work thru the Sch D tax worksheet to get the exact amount.

16 replies

sjrcpa
sjrcpaAnswer
Level 15
June 4, 2020

Maximum rate is 20%. Work thru the Sch D tax worksheet to get the exact amount.

The more I know the more I don’t know.
KMACKAuthor
Level 4
June 4, 2020

Ok.  I thought the rate might be lower or zero if she had no taxable income.

abctax55
Level 15
June 4, 2020

It IS lower... depending on all other income.  20% is the MAX on just the gain; the other income can be pushed into a higher bracket due to such a large gain.  As Susan said, you should spend a bit of time running thru the Sch D worksheet of the computation of the tax.

HumanKind... Be Both
abctax55
Level 15
June 4, 2020

Yes.   And the rate isn't any 'different' than the rate on any other LTCG.

Can I assume you've asked about improvements over that time line?

HumanKind... Be Both
KMACKAuthor
Level 4
June 4, 2020

Is the rate lower if the client otherwise has not taxable income?

abctax55
Level 15
June 4, 2020
KMACKAuthor
Level 4
June 4, 2020

Different house.

Accountant-Man
Level 13
June 4, 2020

<<Does she have to pay capital gains tax on this transaction?>>

Why wouldn't she pay tax? She made over $1MM in gain. You do know the maximum exclusion, right?

Her federal taxes on the gain would be part zero, part 15%, part 20%.

** I am "Elevating with Intention!"
KMACKAuthor
Level 4
June 4, 2020

Okay.  So some of the gain would be at the lower rate.

itonewbie
Level 15
June 4, 2020

Agree with Susan and Anna.

If there was depreciation taken on or after May 7, 1997, there'd be unrecaptured §1250 subject to a max of 25%.

Given the property was purchased back in 1973, she may also have §1250 recapture, subject to tax as ordinary income, if depreciation was taken in excess of straight line.

---------------------------------------------------------------------------------Still an AllStar
dkh
Level 15
June 4, 2020

Why not just enter the information into the tax return and see what the outcome is?