Capital Gains Rollover: Tax Strategies Explained

Tax season is upon us, and that means it’s time to start planning your taxes. One of the most important decisions you’ll make during this process is how to treat capital gains and losses. In this blog post, we will explore the ins and outs of capital gains rollover, as well as some tax strategies you can use to ensure you’re taking advantage of all the opportunities available to you.

All good things come with a ‘catch’, including your profits. Now, you cannot be left to enjoy all the profits by yourself; it is mandatory that the government also gets a ‘cut’ off it. Usually, one has to face capital gains when it comes to certain investments or assets and the profits that are generated through them. So, to know more let us get into Capital Gains Rollover: Tax Strategies Explained.

The Capital Gains: All About it

There are times and cases when you generate a profit out of the sale of an asset. This can be anything ranging from property, stock or bond. This is when the Capital gains come into the picture. One has to face Capital gains when the selling price of the asset is more than what you paid for initially. Likewise, when the same kind of asset sells for a lower price, then one is faced with Capital Loss.

The Capital Gain Taxable Assets

Following are the common examples of assets that fall under the Capital Gain tax:

• Bonds: These are traded in the open market much like Stocks. 
• Stocks: The stocks comprise the traded market shares and also the privately held shares in small businesses. 
• Coin and Stamp Collection: The sales of collectables are at a profit that falls under the Capital gain. This is inclusive even if used for personal purposes. 
• Precious Metals: This is perhaps one of the most reliable investments, as they do increase in their value with time. Buying Gold and Silver from the marketplace and kept as a physical asset is considered a Capital gain as and when their value increases 

Read More-: 2022 Tax Deadlines

Capital Gain Roll Over: All About It

One can consider the capital gain as an income after the taxes are prepared, unless, you can roll over your profits to a different investment. For instance, an individual can buy a new asset with a capital gain that is a rollover. However, bear in mind that not all Capital gains fall under the category of tax-free rollovers onto other assets

When the option does not exist any longer, the capital gains rollover can be used in the past by the homeowners who can defer the capital gain on the sale of their property in case they have bought another house of equal or more value within two years of selling their home. One should know that the capital gain rollover came to an end on May 6, 1997. Now, one has a better rule of the option that allows the house owners to exclude $ 250000 of profits after the sale of their primary residence and replaces the capital gain rollover. 

The other assets such as a motor car are also used to be eligible for capital gain rollovers, despite that option coming to an end as well.

Capital Gains Tax Rollover: How to Qualify

Presently, the only assets that can fall under the Capital Gain tax rollover are the investment or businesses, real estate or capital gains rolled into the Opportunity Zone Fund. However, one cannot roll over the capital gains for any personal assets. 

The Capital Gains Rollover Strategies

One can save a good deal of money with the help of these alternative gains tax strategies:

Investing in Opportunity Zones

• What is an Opportunity Zone? Well, to start with this is a low-income area that has been identified by the Federal government. These zones have been created by the government to incentivize investors to improve these areas. 
• The Capital gains from the sales of the stocks or real estate can be transferred over to the Opportunity zone investment funds without having to pay taxes on the capital gains. Nevertheless, one must use the funds in the Opportunity Zone to invest in an asset within the opportunity zone. The time frame used to make new investments is 180 days. 
• One of the major drawbacks of these funds is the restrictions on where one can make investments. For instance, one might not be able to find a ‘fine’ investment for an opportunity zone within 180 days.

The Section 1202 Exclusion

This section allows the individual to exclude some or the entire profits from a small business stock sale. This exclusion allows people to be able to invest in small businesses. 

However one needs to bear in mind that many rules have changed since then. The kind of profits one can exclude from the taxable income will differ according to when you have purchased the stock and if the stock has been held for a minimum of five years. For instance, if a stock has been purchased from February 18, 2009, through September, September 27, 2010, is eligible either for a 50% or a 75% exclusion. The stocks bought after the stated dates are eligible for a 100% exclusion. 

Note: This capital gain exclusion applies only to Federal taxes and might not apply to state taxes. 

As for the inclusion, one must note that the small business must be worth less than $ 50 Million and not belong to specific industries.

The 1031 Exchange: What is this?

While we are on the topic of Rollover exchange, it is vital to know a bit about the 1031 Rollover Exchange. This is the rollover of the capital profits that are acquired from the investment property into the other investment property. It is important to keep in mind that 1031 does not allow the individual to ‘keep away’ from tax payments. It only defers the taxes till you can sell the replacement property exchange once you sell the replacement property. This is unless the individual chooses to do another 1031 exchange once the individual sells the replacement property. 

Prior to the Tax cuts and Jobs Act (TCJA), some businesses made use of the 1031 exchange. Nevertheless, the TCJA restricted the 1031 exchange to real estate. 

In case the individual sells a real estate investment property and wishes to purchase another one, there are a couple of flip-side to participating in the ‘exchange’. Two of the most vital problems with the 1031 exchange are the instant timeline for finding and purchasing a property for replacement and that any cash you can acquire from the sale will be taxable and not eligible for deferred taxation. 

To initiate the 1031 exchange, one needs to declare the intention before selling the investment property. It is required for the individual to pay a 1031 coordinator to hold the funds acquired from the sales for you. This is vital as it is taxable once you utilize the money. This involves a tiny fee of about a couple of dollars. It is also important that you recognise the replacement property within 45 days of selling the property. After this, you need to close the new property within 180 days. It is recommended to have a replacement property you have in mind before selling the initial investment due to the strict timelines involved.

What are the Capital Gains Tax Rates (2022- 2023)?

The short-term capital gains can be taxed at regular income tax rates of up to 37%. There are seven marginal tax brackets: 10%, 12%, 22%, 24%, 32%, 35%, and 37%. 

• The long-term Capital gains rates are 0%, 15%, and 20%, according to your taxable income. 
• Even though the marginal tax brackets have changed in a few years, the maximum tax on regular income always remains higher as compared to the maximum rate on capital gains. 
• One has to take note of the fact that not all capital gains are taxed under the standard 0%/15%/20% schedule. However, there are a few exceptions where the Capital gains are taxed at higher rates than 20%:
• The collectables like Artwork, and stamp collection, are taxed at a maximum of 28% rate. Presently, it is not clear if the IRS will ultimately treat some NFTs as collectables for taxes. 
• The taxable part of the gains on the sale of qualified small business stocks is also taxed at a maximum of 28% rate. 
• The part of any unrecaptured Section 1250 gain from the sale of section 1250 real property is taxed at a maximum rate of 25%.

Read Also-: How FICA Tax and Tax Withholding Work in 2021-2022

Conclusion

Capital gain taxable assets and the other factors related to the same are of great importance. This is applicable irrespective of the size of the asset or the property owned by you. However, in case you still have certain queries regarding the same, be free to reach out 1800 964 3096 to our team of experts.

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