Information in this blog post is meant to be used as a helpful guide and for educational purposes only, not legal or tax advice. If you need help with a tax question, please consult a skilled CPA.

Rejoice in this: Rarely do homeowners have to pay taxes on the money they make from selling their house. The IRS allows you to exclude up to $250,000 (or $500,000 if you’re married) of “capital gain” on your main home, which means most sellers are covered.

But it’s possible you will owe taxes on your home sale. Perhaps you moved before meeting the two-year use test or earned more than the exclusion cap due to skyrocketing prices in a hot market. Whatever the case, the next question in your mind is—

The answer depends on a few factors, like how long you owned the property, your income level, and your filing status. We’ve scoured over the most recent IRS instructions on capital gains and had accounting expert A.J. Gross, CPA, EA, Founder, and President of ALG Tax Solutions break it all down for us into this handy guide on capital gains tax brackets for home sellers.

Read on to find out your rate (as of 2023 tax rules), and how to calculate your taxes!

Let’s start with the basics: What is a capital gain?

A capital gain, or capital loss, is the profit or loss from the sale of a “capital asset.”

Any asset that is not used in a taxpayer’s trade or business constitutes as a capital asset. This means most of what you own (personal or investment property) can be considered a capital asset—like your house, stocks or bonds, cars, or boats—with a few exceptions. Sell one of these items, and you’ll find yourself with a capital gain on your hands (taxed at capital gains tax rates).

Capital gains differ from ordinary income or ordinary gains, which is money earned from working—like salaries, bonuses, tips, interest income, and gains from your business activities. Ordinary income is taxed at ordinary marginal income tax rates.

For the purposes of this article, we are going to focus on your house as the capital asset in question, and look at the implications of capital gains for home sellers. If you are interested in the treatment of capital gains for other types of capital assets, the IRS has publications you can refer to on assets such as investments or collectibles.

How do you calculate a capital gain on your home sale?

There are two parts to the capital gain calculation—let’s go through each one as it applies to the sale of your house.

1. Calculate the adjusted basis of your house (aka, the purchase cost of your house after adjusting for various tax-related items).

Formula: Adjusted Basis = Original Cost + Capital Improvements – Depreciation

• Original cost: This refers to the purchase price of the house. It includes not only the actual cost of the property but also any settlement fees, closing costs, and other expenses directly associated with the purchase.
• Capital improvements: These are the costs incurred for significant enhancements or improvements made to the property that increase its value, prolong its useful life, or adapt it to new uses. Examples of capital improvements include adding a new room, remodeling the kitchen, or replacing the roof. The costs of these improvements can be added to the adjusted basis.
• Depreciation: If the property has been used for business or rental purposes, it may be subject to depreciation. Depreciation is the reduction in value over time due to wear, tear, and obsolescence. The amount of depreciation is determined by the applicable tax laws and methods. However, if the property is your primary residence, depreciation does not apply.

By subtracting the depreciation from the original cost and adding any capital improvements, you can calculate the adjusted basis of the house. It’s important to note that this formula provides a general guideline, and you should consult with a tax professional or refer to the specific tax laws in your jurisdiction for accurate calculations and any additional considerations.

2. Calculate the capital gain, or profit, on the sale of your home.

Formula: Capital Gain = Selling Price – Adjusted Basis – Selling Expenses

• Selling price: This refers to the amount for which you sell your home.
• Adjusted basis: The adjusted basis of the home is calculated using the formula mentioned earlier. It represents the original cost of the home plus any capital improvements minus depreciation.
• Selling expenses: These are the costs associated with selling the home. They can include real estate agent commissions, legal fees, advertising expenses, and any other fees directly related to the sale of the property.

By subtracting the adjusted basis and selling expenses from the selling price, you can calculate the capital gain or profit on the sale of the home. If the result is a positive value, it represents a capital gain, while a negative value indicates a capital loss. Capital gains on the sale of a primary residence may be subject to certain tax exemptions or exclusions, depending on your jurisdiction and specific circumstances.

If you sold your house for more than its adjusted basis, you have a capital gain. If you sold it for less than its adjusted basis, you have a capital loss.

We’ll talk about how to treat capital gains first and finish off with how to use your capital losses to your advantage.

Short term vs. long term capital gains

There are two types of capital gains: short-term capital gains and long-term capital gains.

• Short-term capital gains: Refers to the profit earned from the sale of an asset, such as a home, that was owned for one year or less before being sold.
• Long-term capital gains: Refers to the profit earned from the sale of an asset, such as a home, that was owned for more than one year before being sold.

Here are a few additional points to keep in mind:

• The classification of capital gains as short-term or long-term is important for tax purposes.
• Short-term capital gains are typically subject to higher tax rates compared to long-term capital gains.
• Tax rates on long-term capital gains are often more favorable, offering potential tax savings.
• The specific tax rates for short-term and long-term capital gains may vary depending on the tax laws in your jurisdiction.

What is the capital gains tax?

The capital gains tax is a tax on any capital gains you make during a tax year.

If you sell your house this year (from January 1, 2023 – December 31, 2023), you may have to pay taxes on any profits you made from that sale as part of your 2023 tax filing. But, the amount of tax you owe will depend on:

1. Whether the gain is short term or long term
2. Whether you qualify for the homeowner’s exclusion (3-pronged test)

Short-term vs. long-term capital gains rates

Short-term capital gains are taxed at a different rate than long-term capital gains. We touched on them before, but let’s walk through the differences in detail:

Short-term capital gains rates: If you lived in your house for less than one year before selling it, any gain you made from the sale of your house is taxed at your federal income tax rate. Most people are familiar with the ordinary income tax brackets that they fall under. These are the tax rates you use to pay your federal and state income taxes when you file your tax returns every year.

Long-term capital gains rates: Long-term capital gain tax rates are slightly different. There are only 3 rates: 0%, 15%, or 20%. They are lower than your ordinary income tax rates and apply to any profits you received from the sale of a long-term capital asset. Most taxpayers will fall under this category, because they will usually own their home for longer than 1 year.

Total taxable income impacts what you owe in capital gains

Tax brackets and capital gain tax rates are normally based on “Taxable Income” which is Line 15 on the 2023 Form 1040 (note that this form is an early release draft for 2023).  To find which tax rate you fall under, you first need to determine your total taxable income.

Gather all your income sources, such as wages, salaries, self-employment earnings, rental income, and any other taxable income you received during the year. Note that income made from capital gains typically contributes to your taxable income. So when calculating your taxable income, you would include the capital gains along with any other income sources you have.

Subtract any eligible above-the-line deductions, such as contributions to retirement plans, student loan interest, and certain business expenses. The resulting amount is your adjusted gross income (AGI). Next, subtract either the standard deduction or itemized deductions, whichever is applicable to your situation. The remaining figure is your taxable income. You can find specific guidelines and tax rates from the tax authority in your country or consult a tax professional for personalized advice.

Next, when you’re calculating the amount of tax you owe, split your short-term and long-term gains apart, and calculate the taxes you owe on them separately. Use the overall tax bracket rate to calculate your tax on any ordinary income and short-term capital gains you have, and use the long-term capital gains rate to calculate your tax on any long-term capital gains you have.

2023 capital gains tax bracket breakdown

Below you can see the differences between the 2023 ordinary income tax rates (aka, short-term rates) and the long-term capital gain tax rates below for the main filling types/

Please note that the income thresholds and tax rates provided are based on the information you provided for the tax year 2023. It’s always recommended to refer to official IRS publications or consult with a tax professional for accurate and up-to-date tax information.

Source: IRS

Thankfully, short-term rates can be easily avoided. Just hold your house for greater than one year. If you do, you will not only pay the preferential long-term capital gains rates (as shown in the charts above), but depending on how long you hold your house for, you may also qualify for the homeowner’s exclusion.

3-pronged test for the homeowner’s capital gains exclusion

The Homeowner’s Exclusion is a tax break to lower your capital gains tax. If you meet the exclusion requirements, you won’t need to pay taxes on up to $250,000 of your net profit, or up to $500,000 if filing jointly.

According to Section 121 of the Tax Code, to qualify for the capital gains exclusion, you have to pass these 3 “tests:”

1. The Use Test: You must have lived in the home (the home must be your principal residence) for an aggregate of at least two of the five years leading up to the date of the sale (consecutive or non-consecutive years).
2. The Ownership Test: You must have owned the home for at least two years.
3. The “Other Home” Test: You did not exclude your profit from the sale of another home during the two-year period ending on the date of sale of this home. In other words, you can only exclude one home sale every two years, and can only claim the exclusion once every two years.

There are a few circumstances like divorces, partial exemptions, and other special circumstances (like a constructed/inherited home or a secondary home conversion) that could be trickier to deal with.

If you find yourself in this situation, the IRS’s Publication 523 ”Selling Your Home” has some valuable information you can refer to. Gross also recommends speaking with a CPA or tax attorney to iron out the finer details. He specifically finds principal vs. secondary residence questions to be most challenging for home sellers.

If you meet all 3 tests above, you can apply up to $250,000 (single) or $500,000 (married) as a tax exclusion on the profits. You would only have to pay taxes on the remaining amount of profit (if there is any leftover).