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George Saenz, the Bankrate.com Tax Talk columnistSelling stocks and avoiding capital gains

Dear Tax Talk,
Our family needs to move to a larger house. A large portion of our net worth is tied up in stocks, and we would like to finance part of a new home by selling most of our stock. My wife believes that there are tax breaks on the capital gains if you use the money to buy your primary home. I'm concerned that the capital gains aren't treated any differently than any other time you sell a stock. Who is right, and what is the best way to use the value in these equities without taking a huge tax hit?
-- Lance

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Dear Lance,
Lucky for you and me your wife's a wishful thinker and not an accountant. If you sell stock at a gain, you'll pay tax regardless of what you apply the proceeds to. That is unless, of course, you have stock losses or losses carrying forward from earlier years that can be used to offset the gains.

For example, suppose you need $100,000 to put down on the new home. You would need to review your portfolio and find $100,000 worth of stock that, when you calculate the potential gain, results in little or no gain overall. That is, if you sell various stocks worth $50,000 with $10,000 in gain, you need to find other stocks that add up to $50,000 in value that when sold will produce $10,000 in loss. If you had stock losses in earlier years, these losses may be carrying over from 2005. Check line 16 of your 2005 Form 1040 Schedule D to see if you have a loss on this line.

The only other tax-free way that you can use your equities is to borrow against them. That's called a margin loan and you pay margin interest. Margin interest may not be fully deductible as with home mortgage interest, but the tax savings may make this more advantageous. I suggest you sit with an impartial professional (i.e., not your stockbroker or real estate agent) to see if the margin borrowing makes sense.

To ask a question on Tax Talk, go to the "Ask the Experts" page and select "taxes" as the topic.

Bankrate.com's corrections policy-- Posted: Dec. 7, 2006
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