What is the capital gains tax rate for real estate investments?

Discover the capital gains tax rate applicable to real estate investments and understand the taxation guidelines.


The capital gains tax rate for real estate investments in the United States depends on several factors, including the type of capital gain (short-term or long-term), your total income, and changes in tax laws. Here's an overview of how capital gains taxes may apply to real estate investments:

  1. Short-Term Capital Gains: If you hold a real estate investment for one year or less before selling it, any capital gains from the sale are considered short-term capital gains. Short-term capital gains are generally taxed at your ordinary income tax rates, which can vary depending on your income and filing status, ordinary income tax rates ranged from 10% to 37%.

  2. Long-Term Capital Gains: If you hold a real estate investment for more than one year before selling it, any capital gains from the sale are considered long-term capital gains. Long-term capital gains typically receive more favorable tax treatment.

    • As of 2021, the long-term capital gains tax rates were 0%, 15%, or 20% based on your income and filing status:

      • 0% for individuals with taxable income up to $40,400 (for singles) or $80,800 (for married couples filing jointly).
      • 15% for individuals with taxable income between $40,401 and $441,450 (for singles) or between $80,801 and $496,600 (for married couples filing jointly).
      • 20% for individuals with taxable income over $441,450 (for singles) or $496,600 (for married couples filing jointly).
    • High-income earners may also be subject to a 3.8% Net Investment Income Tax (NIIT) on the lesser of their net investment income or the amount by which their income exceeds certain thresholds ($200,000 for singles, $250,000 for married couples filing jointly).

  3. Depreciation Recapture: If you've claimed depreciation on a rental property, you may have to pay depreciation recapture tax when you sell the property. Depreciation recapture is generally taxed at a maximum rate of 25%.

It's important to keep in mind that tax laws and rates can change over time. Therefore, it's advisable to consult with a tax professional or accountant who is knowledgeable about current tax regulations and can provide guidance specific to your real estate investments and individual tax situation.

Real estate investments often have complex tax implications, and they can vary based on factors like the type of property, its use, and your overall financial situation. Therefore, it's important to seek professional advice when dealing with real estate capital gains taxes.

Capital Gains Tax Rate for Real Estate Investments: Taxation Guidelines.

The capital gains tax rate for real estate investments depends on how long you held the property before selling it and your income tax bracket.

Short-term capital gains are taxed as ordinary income if you held the property for one year or less. Ordinary income tax rates range from 10% to 37% in 2023.

Long-term capital gains are taxed at lower rates if you held the property for more than one year. Long-term capital gains tax rates in 2023 are:

  • 0% for taxable income up to $41,775 (single) or $83,550 (married filing jointly)
  • 15% for taxable income between $41,776 and $459,750 (single) or $83,551 and $517,850 (married filing jointly)
  • 20% for taxable income over $459,750 (single) or $517,850 (married filing jointly)

There is also a Net Investment Income Tax (NIIT) of 3.8% on net investment income, which includes capital gains, dividends, and interest. The NIIT applies to individuals with modified adjusted gross income (MAGI) above $200,000 (single) or $250,000 (married filing jointly).

Here are some taxation guidelines for real estate investments:

  • Depreciation recapture: When you sell a rental property, you may have to pay taxes on depreciation recapture. Depreciation recapture is the difference between the amount of depreciation you claimed on the property and the actual decline in the property's value. Depreciation recapture is taxed as ordinary income.
  • State taxes: Most states also impose capital gains taxes. State capital gains tax rates vary, so you should consult with a tax professional to determine your state tax liability.
  • Tax-deferred exchanges: If you sell a rental property and reinvest the proceeds in another rental property within 180 days, you may be able to defer paying capital gains taxes on the sale. This is known as a 1031 exchange.

It is important to note that these are just general guidelines. There are many complex tax rules that can apply to real estate investments. You should always consult with a tax professional to determine how the tax rules apply to your specific situation.