3 Ways to Avoid Capital Gains Tax on Your Real Estate Transactions in New York

The state of New York imposes several taxes on capital gains, including real estate and stock market transactions. If you purchase investment properties in New York, even as an out-of-state resident, you’ll want to be aware of the capital gains tax rates in New York and how they differ f

How to Avoid Paying Capital Gains Tax on Real Estate in New York

new york capital gains tax can be complicated, especially if you have any investments or property outside of New York State. Luckily, there are ways to avoid paying capital gains tax on real estate transactions that allow you to stay compliant with both your state and the IRS. Here’s what you need to know about capital gains tax in NYand how to avoid paying it when you buy or sell property in New York City, Buffalo, Rochester, Syracuse, Albany and other major cities across the state.


What is the capital gains tax?

Capital gains tax refers to the rate that a property owner pays when they sell their property at a profit. Every state and country differs, but the rate for capital gains taxes in New York is up to 23.8%. This means, for every $1,000 of profit made from the sale of your home you must pay a flat capital gains tax fee on top of your other state income taxes. Property owners are responsible for paying capital gains tax yearly through something called IRS form 1040 Schedule D and need help understanding what that entails.


What is the difference between a short-term and long-term gain?

A long-term capital gains in ny  is the profit made by selling an asset such as real estate that has been owned for more than one year. A short-term capital gain is the profit made by selling an asset such as real estate that has been owned for less than one year. 

Short-term gains are taxed at a different rate than long-term gains, and they are subject to some other rules as well. For example, if you have a net short-term gain (that is, your short term gains exceed your long term losses), then up to 50% of the net short term gain will be taxed at the same rate as your ordinary income tax rates.


What are the tax rates for capital gains?

Capital gains tax is calculated based off the difference between what you paid for an asset and its current market value. The IRS will typically use your cost basis (the price you originally paid) as a starting point. There are many different kinds of capital gains taxes, including those that apply to stocks, bonds, mutual funds and real estate. In certain situations, capital gains taxes can be deferred or eliminated entirely. For example, if you buy stock in a company and then sell it at a lower price than what you bought it for before holding onto it for more than one year, the IRS only imposes a short-term capital gain tax instead of a long-term one. This can be beneficial because short-term capital gains rates are generally lower.


How can you avoid paying capital gains tax on your home in New York?

If you do not pay the capital gains tax, which is due when you sell your property, you will be liable for interest and penalties. It is possible that you will not be able to claim the property's sale as a capital gain if the property was worth less than what it cost. In addition, if you are required to pay back taxes and penalties after failing to pay capital gains tax, it may take years before your debt is satisfied. You may also find yourself subject to legal action from the IRS or other taxing authorities if they discover that you have failed to pay this tax.


Sell your property through a 1031 exchange : 

 In a 1031 exchange, you sell your home for its fair market value and purchase another property of equal or greater value. In doing so, you avoid paying capital gains tax because both properties were exchanged instead of sold outright. You are then allowed to keep both properties as long as you hold onto them for investment purposes, with no taxes due until either property is sold again. This provides you with an incentive to invest in more valuable properties rather than turning around and selling off your original investment before its full value has been realized.


What are the risks of avoiding capital gains tax?

The risks of avoiding the capital gains tax vary depending on your individual situation. If you don't pay it, the IRS will force you to pay back taxes and penalties. Additionally, if you do not report your gains and are caught, you may face criminal penalties up to $250,000 in fines or five years in prison. Furthermore, if the property is sold for more than what you paid for it, then this amount must be reported as income from capital gains from the sale of a capital asset and will be taxed at ordinary income rates. Finally, some people who do not pay the capital gains tax believe that they will never have enough money saved up for retirement.



  1. What is the capital gains tax in new york? 

 The federal government collects capital gains tax when you sell an asset for more than what you bought it for. It doesn’t matter if you own real estate, stocks, bonds, or something else. As long as it was bought with money that was taxed by a federal agency, then your profits will be subject to capital gains tax as well. Read more