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Glendale, Queens, NY Office

7935 Myrtle Avenue
Glendale, NY 11385

Phone: 718-326-0500

Melville Office

608 Walt Whitman Road
Melville, NY 11747

Phone: 631-673-0617

Jim O'Callaghan, CPA

Understanding the Tax Implications of Real Estate Transactions


Real estate transactions are significant financial events that come with various tax implications. Whether you are buying, selling, or inheriting property, it is crucial to understand the tax considerations involved to ensure compliance and optimize your financial outcomes.


Capital Gains Tax: What You Need to Know

Any profit from the sale is subject to capital gains tax when you sell a property. The amount you owe is based on the difference between the property's purchase and selling prices. In New York, capital gains are taxed as income, subject to state income tax rates. For properties held for more than one year, long-term capital gains tax rates apply, generally lower than ordinary income tax rates. However, if you have owned the property for less than a year, the profit is taxed as short-term capital gains, which are taxed at your regular income tax rate.


In New York City, residents face additional layers of taxation. Both state and city income taxes apply to capital gains, which can significantly impact your net proceeds from a sale. Calculating these potential taxes accurately is essential to avoid surprises when filing your return.


Transfer Taxes: The Cost of Transferring Ownership

When property ownership is transferred, New York State and New York City impose transfer taxes on the transaction. The New York State transfer tax is 0.4% for properties valued under $3 million and 0.65% for properties exceeding this value. New York City adds its transfer tax, ranging from 1% to 2.625%, depending on the property's sale price.


The city's Mansion Tax also applies to high-value properties. This tax starts at 1% for properties sold at $1 million and increases progressively for more expensive properties, reaching up to 3.9% for properties exceeding $25 million. Buyers typically pay this tax, but sellers should be aware of it during negotiations, as it can influence the final sale price.


Inheritance and Property Transfers: Special Considerations

Inheriting property also comes with tax implications, mainly if the property is later sold. The capital gains tax, in this case, is based on the property's fair market value at the time of inheritance, not the original purchase price. This "stepped-up basis" can reduce the taxable gain significantly if the property has appreciated in value over time.


Additionally, when property is transferred as a gift, it is essential to understand the potential for gift taxes and how they interact with estate taxes. Certain exemptions and exclusions may apply in New York, making it necessary to consult with a tax professional to navigate these complex rules effectively.


Strategies for Reducing Tax Liability

One of the most effective strategies for deferring capital gains tax is through a 1031 exchange. This allows you to reinvest the proceeds from the sale of investment of business use property into a similar property, postponing the capital gains tax until the new property is sold. This strategy particularly benefits real estate investors looking to grow their portfolios without incurring immediate tax liabilities.


Another important consideration is the potential for tax exemptions. For example, if the property being sold was your primary residence for at least two of the last five years, you may qualify for a significant exclusion from capital gains tax—up to $250,000 for single filers and $500,000 for married couples filing jointly.


Contact TaxMaster Today

Navigating the tax implications of real estate transactions can be challenging, especially with the additional complexities in New York City. Understanding the tax landscape is crucial whether you're buying, selling, or inheriting property. For personalized guidance and to ensure your transactions are as tax-efficient as possible, contact TaxMaster, Inc. at our Glendale office at 718-326-0500 or our Melville office at 631-673-0617. You can also reach us through the contact form on our website here.

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