May 7, 2024

Cashing Out or Holding Tight? Understanding the Tax Impact of Selling a Rental Property

Key Takeaways

  • Plan Before You Sell: Calculate these tax impacts before listing your property, not after you have a contract!
  • Depreciation's Double-Edged Sword: It provides a tax benefit while you own the rental but has a significant cost when you decide to sell.
  • 1031 Exchanges are Powerful but Complex: They can be a tremendous tax-deferral tool, but consider all the tradeoffs and consult a professional if you are considering using one.
  • Seek Expert Advice: A tax advisor specializing in real estate can be invaluable in minimizing your tax burden and maximizing your profits.

Beyond the Stepped-Up Basis

Savvy real estate investors know the golden rule: hold onto rental properties forever! After all, when you pass them on to heirs, they receive a "stepped-up basis" – a tax reset that wipes away years of accumulated capital gains. While long-term ownership is ideal, there are compelling reasons to sell a rental property, even with the tax implications. In my case, stagnant rental income due to new construction pushed me to re-evaluate an investment property I owned in the Manayunk section of Philadelphia. This decision, however, opened a can of worms – the complex world of capital gains and depreciation recapture.

My Philly Property Journey

In 2002, I bought my starter home for $135,000. It housed shared memories with wonderful roommates, sweat equity with my future wife during renovations, and finally, steady rental income after we moved out of the city in 2006 (to avoid city wage tax). However, with rents in Manayunk stagnating due to new apartment construction over the past eight-plus years, I decided it was time to sell. While I'm selling for a healthy $250,000,  the tax side of things is far more complicated.

The 1031 Exchange Dilemma

Savvy real estate investors have two key tools for minimizing taxes: strategic timing holds to access a stepped-up basis (mentioned earlier) and the 1031 exchange. A 1031 exchange, also known as a "like-kind exchange," allows you to swap one investment property for another, potentially deferring capital gains taxes. You sell your current property and use the proceeds to purchase a new "like-kind" property within a specific timeframe (usually 45 days to identify and 180 days to close). For real estate, "like-kind" signifies any similar investment property (apartments, commercial buildings, or even another rental house). By meeting these criteria, you can postpone capital gains tax recognition until you eventually sell the replacement property without a 1031 exchange. However, keep in mind there are associated costs like exchange fees and the ongoing tax liability on any boot received (cash or non-like-kind property).

Since I was selling the rental property, one of my additional goals was to move into a more passive investment. Even though I had a property manager, managing the manager was still a hassle. While I considered rolling the proceeds into a Delaware Statutory Trust (DST) via a 1031 exchange for tax-deferral and diversified real estate ownership, I ultimately decided against it. Management fees, limited control, and DST lock-up periods meant reduced liquidity. Flexibility was more important, so I opted for the sale even with the tax bill.

The Numbers That Matter

Here are the actual numbers for the property: 

  • Purchase Price: $135,000
  • Capital Additions: $17,173.37
  • Sale Price: $250,000
  • Accumulated Depreciation: $85,806.45
  • Carried forward losses: $17,590
  • Ordinary Income Tax Bracket: 24%
  • Capital Gains Tax Bracket: 15% (+ Medicare Investment Premium)

Two-Faced Taxation

Capital Gains: 

The most familiar tax. The profit is a long-term capital gain since I have owned the property for over a year. We need to consider my adjusted basis, including the original purchase price and capital improvements. That brings my basis to $152,173.37. Subtracting this from the sale price leaves an estimated capital gain of around $97,826.63. Capital gains are reduced by carried-forward losses if applicable. The revised capital gain then becomes $97,826.63 - $17,590 = $80,236.63

Depreciation Recapture: 

Most sellers get tripped up here and end up having a nasty surprise come tax season. See, I was deducting depreciation all those years to lower my taxable rental income. The IRS now wants a piece of those deductions back. That $85,806.45 is taxed just like regular income, potentially bumping me into a higher bracket.

The Estimated Tax Hit

Putting it all together, here is my total estimated federal tax: 

  • Capital Gains Tax: $80,236.63  *  18.8% (15% + 3.8% Medicare) = $15.089.75
  • Depreciation Recapture Tax: $85,806.45 * 24% = $20,593.55
  • Total Estimated Tax:  $35,683.30

Ouch! That's a substantial chunk of my profit going to taxes.

Important Reminders:

  • Professional Advice: Real estate taxes are complex – always consult a tax advisor for personalized guidance.
  • State Taxes: This example focuses on federal taxes. Your state may also have its own capital gains and income tax implications.

The Right Decision for Me

Yes, this tax bite is a tough one to take. But ultimately, selling my Philadelphia rental was the right choice for my current life stage and financial goals. Timing the real estate market perfectly is nearly impossible, and with rents stagnating, the opportunity to cash out and pivot felt right. The flexibility it brings and the reduction in management headaches are worth it to me, even after paying my dues to the IRS.

While there's always that "what if" of holding on longer, this decision brings me a step closer to my larger objectives. I learned a crucial lesson: don't let the potential tax benefits of a stepped-up basis blind you to changing markets or a shift in your needs. Understanding the complete tax calculations upfront empowered me to make this big choice with my eyes wide open. It's a reminder that real estate investing isn't just about appreciation, but aligning your holdings with your life's trajectory.

Contact Purpose Built Financial Services today to help analyze your rental property situation and schedule a comprehensive financial planning consultation.

Your financial well-being is too important to leave to chance. Choose wisely.

FAQ Section

Q1: What taxes do I pay when selling a rental property?

A: You'll likely face capital gains taxes on the profit and depreciation recapture tax, which reclaims past depreciation deductions. Tax rates depend on your income bracket and how long you held the property.

Q2:  What is depreciation recapture, and how does it affect my taxes?

A:  Depreciation recapture is like paying back the tax breaks you received for claiming depreciation on your rental. The amount you deducted over the years is taxed as ordinary income when you sell.

Q3: Can I avoid taxes when selling my rental property?

A: A 1031 exchange lets you defer capital gains taxes by swapping your property for a similar one. However, there are time limits, rules, and costs to consider. It's best to consult a tax advisor for guidance.

Q4:  Besides taxes, what factors should I consider when deciding to sell a rental?

A: Think about your investment goals, market conditions, property management challenges, and personal circumstances. Selling might make sense if it aligns better with your lifestyle and financial objectives.

Q5: Where can I get help understanding the tax implications of selling my rental property?

A: A tax advisor specializing in real estate can provide personalized guidance, estimate your tax liability, and help you explore potential tax-saving strategies.

About the Author

Sean Lovison, CPA, CFP®, is a flat fee-only financial planner based in Moorestown, New Jersey, serving clients virtually nationwide. After spending 14 years as a corporate chief financial officer (CFO), receiving and designing compensation plans, he decided to help others navigate their plans.

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