Understanding capital gains tax on commercial real estate

Understanding capital gains tax on commercial real estate

  • GREG HIGGINS
  • 02/8/24

How capital gains are calculated for commercial real estate

Capital gains are the profits that you make when you sell a commercial real estate property and its business for more than what you paid for it. To calculate your capital gains, you need to know two things: your adjusted basis and your realized amount.

  • Your adjusted basis is the original purchase price of the property and the business, plus any improvements or additions you made, minus any depreciation deductions you claimed over the years.
  • Your realized amount is the sales price of the property and business, minus any selling expenses, such as commissions, legal fees, or closing costs.

The difference between your realized amount and your adjusted basis is your capital gain. For example, if you bought a property and a business for $1 million, made $200,000 worth of improvements, claimed $300,000 in depreciation, and sold them for $1.5 million, paying $50,000 in selling expenses, your capital gain would be:

The amount of tax you pay on your capital gain depends on how long you held the property and the business, your taxable income, and your filing status. There are two types of capital gains: short-term and long-term.

  • Short-term capital gains are for assets that you held for less than a year. They are taxed as ordinary income, at the same rate as your regular income tax bracket.
  • Long-term capital gains are for assets that you held for more than a year. They are taxed at a lower rate than ordinary income, ranging from 0% to 20%, depending on your income level and filing status.

There are also some factors that can affect your capital gains tax, such as exemptions, deductions, deferrals, and strategies. For more information, you can check out these web pages:

How to reduce capital gains tax

There are several strategies that you can use to reduce or defer your capital gains tax on commercial real estate and business. Some of the most common ones are:

  • Holding the property and the business for more than a year, so that you can qualify for the lower long-term capital gains tax rate.
  • Using a 1031 exchange, which allows you to defer paying capital gains tax by reinvesting the proceeds from the sale of one property and business into another one of equal or greater value within a specified time frame.
  • Investing in an Opportunity Zone, which is a designated low-income area that offers tax incentives for investors who contribute to its economic development. You can defer paying capital gains tax until 2026, and potentially reduce or eliminate it depending on how long you hold the investment.
  • Deducting capital losses from other investments that offset your capital gains, or carrying them forward to future tax years.
  • Taking advantage of tax credits and deductions that apply to your property and business, such as depreciation, interest, repairs, maintenance, and improvements.
  • Keeping accurate records of your purchase price, cost basis, selling expenses, and depreciation deductions, to avoid overpaying or underpaying capital gains tax.
  • Selling the property and the business in installments, which allows you to spread out your capital gains over several years and lower your tax liability.
  • Donating the property and the business to a qualified charity, which can result in a tax deduction and avoid capital gains tax altogether.
  • Tax-loss harvesting, which involves selling underperforming assets at a loss to offset your capital gains, and then buying similar assets to maintain your portfolio balance.

These are some of the ways that you can reduce your capital gains tax on commercial real estate and business, but they may not apply to every situation. You should consult with a tax professional before making any decisions that affect your tax liability. For more information, you can also check out these web pages:

What Is A 1031 Exchange?

 A 1031 exchange is a tax strategy that allows you to defer paying capital gains tax when you sell an investment property and buy another one of similar like property. It is named after Section 1031 of the Internal Revenue Code, which sets the rules and requirements for this type of transaction. A 1031 exchange can help you preserve and grow your wealth by reinvesting your profits without losing a portion to taxes. For more information, you can check out these web pages:

 

 

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