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Legal Process & Closing in New York

What is capital-gains tax on a home sale?

Written and reviewed by Andrew Ragusa, Licensed Real Estate Broker and Broker of Record, REMI Realty LLC — 11+ years of transactions across Long Island, Brooklyn and Queens.

The short answer

Capital-gains tax applies to the taxable gain on a sale, not to the entire sale price and not to the cash you have left after paying off the mortgage. In general, the gain is calculated from what you sell for, less your selling expenses, compared with your adjusted tax basis in the home.

Many homeowners can exclude some or all of that gain. Eligible homeowners may exclude up to $250,000 of gain, or up to $500,000 for qualifying married couples filing jointly. Ownership, use and other rules apply. Usually you must have owned the home and used it as your main home for at least two of the five years before the sale, and not every sale qualifies. The IRS explains the rules in Publication 523.

I can’t calculate anyone’s tax, because the answer depends on your specific facts. For tax questions, I recommend Joshua Kreitzman, the accountant I personally work with.

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Contact

Have a question about your own situation?

Every property and every situation is a little different. Call me directly at 516-858-9434 or email Andrew@AndrewRagusa.com and we'll talk it through.

The information on this page is general information, not legal, tax or financial advice. Every transaction is unique — please consult the appropriate licensed professionals about your specific situation.