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Tax Talk with George Saenz

Ask the tax adviser

Minimizing capital gains on a property sale

Dear Tax Talk:
I've owned a piece of property for several years. I paid $80,000 for it, and it should sell now for about $290,000. I'd like to retire and live on the sale money along with other money like savings, 401(k), etc. I'm now in my 60s. Will I be hit with big taxes when I sell? Should I wait until I'm 65 to sell? Will I have to pay big capital gains if I sell now, or will I have to pay later?
Thank you,
Herb

Dear Herb:
The sale of the property is a capital gain, and the maximum rate on capital gains is 20 percent. The 20 percent rate will apply to the gain from the $290,000 selling price less the original cost of $80,000, meaning your tax on that portion will be $42,000. Of course, any commission you pay for selling the property will reduce your profit and your taxes.

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You'll owe additional tax on the depreciation deductions you've claimed on the original $80,000 cost. Depreciation that you've claimed on the property is taxed for the most part at 25 percent unless the property is nonresidential and was first depreciated prior to 1986, in which case your tax on depreciation recapture may be slightly higher.

In any case, your age will not change your tax costs.

What a lot of real property owners do to avoid paying tax on the gain is borrow against the property. Since a lender will give you 70 percent to 80 percent of the value of the property, from a tax standpoint you're almost getting as much from the lender as you would get after taxes, and, of course, you still have the property.

-- Posted: Feb. 15, 2002

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See Also
Avoiding capital gains on a rental property sale
Lower capital gains rates for some

Tax Talk: A capital gains loophole

Property swaps can save tax dollars
More tax adviser stories

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