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Guide

Real estate capital gains guide

Updated 2026-07-24 • Next review 2026-10-31

Selling a home or rental property creates a unique blend of capital gains rules, exclusions, and recapture calculations. Careful record keeping can mean the difference between a six-figure exclusion and a surprise tax bill.

Step 1: Confirm ownership and use

To claim the primary residence exclusion you must satisfy the 2-out-of-5 test. Track the months you owned the property and the months you actually lived in it. Short absences (vacations, work travel) count as use. Longer rentals reduce the available exclusion.

Step 2: Build your adjusted basis

  • Start with the original purchase price plus buyer-side closing costs.
  • Add the cost of capital improvements: additions, new roofing, HVAC upgrades, landscaping projects that add value.
  • Subtract any depreciation claimed while the property was rented or used for business purposes.

IRS references: Publication 523 and Publication 527.

Step 3: Estimate depreciation recapture

Depreciation reduces your basis and triggers “recapture” when you sell. The recaptured portion is taxed at a maximum 25% federal rate and cannot be sheltered by the primary residence exclusion. Include improvement schedules from your tax returns to prove the numbers.

Step 4: Evaluate partial exclusions

If you fail the 2-out-of-5 test because of a work relocation, health reasons, or other IRS-approved hardships, you may still claim a prorated exclusion. Multiply the full exclusion by the fraction of two years you satisfied the test. Publication 523 outlines qualifying scenarios.

State-level considerations

  • California: Capital gain generally flows through the state income-tax system, while additional taxes and California-source rules can affect the result.
  • New York: State brackets and possible New York City tax mean a single headline state rate is not a full calculation.
  • Massachusetts: Income tax and a high-income surtax may apply; verify the current threshold and filing-year instructions.
  • Washington: Washington uses a tiered capital gains excise tax for covered long-term gains and provides exclusions and deductions. Confirm the current deduction and asset rules with the Department of Revenue.

Next steps

Use the real estate capital gains calculator to model your sale with actual improvement receipts and rental history. Record the breakdown for review with a qualified professional. If you are considering multiple sale windows inside 2026, use the scenario planner for a preliminary comparison.

Frequently asked questions

To claim the full $250,000/$500,000 exclusion you must have owned and used the home as your primary residence for at least 24 months during the five-year period ending on the sale date.

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