What is the capital gains tax on rental property?

Learn about the capital gains tax rules specific to rental properties and how they apply to property owners.


The capital gains tax on rental property is a tax on the profit you earn from selling a property that you have used as a rental or investment property. The specific tax treatment can vary depending on your country's tax laws, your ownership period, and other factors. Here's a general overview of how capital gains tax on rental property works in the United States as an example:

1. Calculation of Capital Gain:

  • To calculate the capital gain, you subtract the property's adjusted basis from the sale price. The adjusted basis includes not only the original purchase price but also various adjustments, such as the cost of improvements, depreciation taken, and certain other expenses.

2. Holding Period:

  • The tax rate applied to your capital gain can depend on your holding period. In the United States, gains on assets held for one year or less are generally considered short-term and are subject to ordinary income tax rates. Gains on assets held for more than one year are typically considered long-term and are subject to more favorable long-term capital gains tax rates.

3. Depreciation Recapture:

  • If you've claimed depreciation deductions on the rental property, a portion of your gain may be subject to depreciation recapture. This means that you may have to pay taxes on the depreciation deductions you previously claimed at a higher tax rate (currently 25% in the United States) when you sell the property.

4. Primary Residence Exclusion:

  • In some countries, including the United States, there are provisions that allow homeowners to exclude a portion of the capital gain from the sale of a primary residence from taxation. However, rental properties are typically not eligible for this exclusion.

5. Net Investment Income Tax (NIIT):

  • In the United States, certain taxpayers with high incomes may be subject to an additional 3.8% tax on net investment income, which can include capital gains from rental property sales.

6. 1031 Like-Kind Exchanges:

  • Some countries, including the United States, offer provisions like the 1031 like-kind exchange, which allows investors to defer capital gains tax by reinvesting the proceeds from the sale of a rental property into another like-kind property.

7. State and Local Taxes:

  • In addition to federal capital gains tax, you may also be subject to state and local capital gains taxes, which can vary widely by location.

8. Reporting and Documentation:

  • When you sell a rental property, you are typically required to report the sale on your tax return and provide documentation, including details of the sale, the adjusted basis, and any depreciation taken.

It's important to consult with a tax professional or advisor who is knowledgeable about the tax laws in your specific jurisdiction to understand how capital gains tax on rental property will be applied to your situation. Tax laws and regulations can change over time, so staying informed about the current rules is essential for accurate tax planning and compliance. Additionally, tax laws and rates can vary widely between countries, so the treatment of capital gains on rental property may differ significantly in other jurisdictions.

Rental Property and Capital Gains Tax: Taxation Insights.

Rental property is a popular investment choice for many people, but it is important to understand the tax implications of owning rental property, including capital gains tax.

When do you pay capital gains tax on rental property?

You pay capital gains tax on rental property when you sell the property for more than you paid for it, minus any allowable deductions. The amount of capital gains tax you owe depends on the length of time you held the property and your income tax bracket.

If you held the property for more than one year, you will be taxed at the long-term capital gains tax rate. The long-term capital gains tax rates for 2023 are:

  • 0% for taxpayers with taxable income below $41,775 (single) or $83,550 (married filing jointly)
  • 15% for taxpayers with taxable income between $41,775 and $459,750 (single) or $83,550 and $517,200 (married filing jointly)
  • 20% for taxpayers with taxable income above $459,750 (single) or $517,200 (married filing jointly)

If you held the property for less than one year, you will be taxed at the short-term capital gains tax rate. The short-term capital gains tax rate is the same as your ordinary income tax rate.

Reducing your capital gains tax liability on rental property

There are a number of things you can do to reduce your capital gains tax liability on rental property:

  • Depreciate the property. You can deduct the cost of the property over its useful life, which can reduce your taxable income and your capital gains tax liability.
  • Invest in capital improvements. You can deduct the cost of capital improvements to the property, such as a new roof or kitchen, which can reduce your taxable income and your capital gains tax liability.
  • Offset your capital gains with losses. If you have capital losses from other investments, you can offset them against your capital gains from rental property. This can help to reduce your overall tax liability.

Working with a tax advisor

If you have any questions about the capital gains tax implications of rental property, it is important to consult with a tax advisor. A tax advisor can help you understand the tax laws and develop a tax plan that minimizes your tax liability.

Here are some additional tips for understanding the capital gains tax implications of rental property:

  • Keep good records. It is important to keep good records of all of your rental property expenses, including depreciation, capital improvements, and other deductible expenses. You will need these records to calculate your taxable income and your capital gains liability.
  • Understand your tax basis. Your tax basis in rental property is the amount you paid for the property plus the cost of any capital improvements. You will need to know your tax basis in order to calculate your capital gains or losses when you sell the property.
  • Review your tax return carefully. Your tax return will show you your capital gains and losses from rental property for the year. You should review your tax return carefully to make sure that all of the information is correct.

By understanding the capital gains tax implications of rental property, you can make informed investment decisions and minimize your tax liability.