Assets Exempt from Capital Gains Tax - Juno Tax (2024)

Taxation » January 14, 2022

Assets Exempt from Capital Gains Tax - Juno Tax (1)

In the majority of cases, if an asset is being sold or transferred as part of a divorce, Capital Gains Tax (CGT) will need to be considered. There are, however, some assets which are totally exempt from CGT. This means there is no tax to pay on the sale of the asset (but also that no capital losses can be claimed if the asset has gone down in value).

Wasting Chattel

All assets with a useful life of less than 50 years are exempt from tax. These assets tend to have moving or mechanised parts which are the source of their ‘wasting’ definition. Examples include:-

  • cars
  • motorbikes
  • boats
  • yachts
  • racehorses
  • greyhounds
  • clocks
  • shotguns

Chattels £6,000 or under

A chattel is an asset you can touch and move. Any assets bought for and sold for under £6,000 are exempt from CGT. For example, if you purchase an antique plate for £1,000 and sell it for £5,200, this is not a chargeable gain. If you purchase an asset for under £6,000 and sell it for more than £6,000, special rules apply for working out the gain.

Winnings

Prize winnings, such as lottery winnings or winnings from gambling sites, are exempt from CGT.

The caveat to the above is that if an individual is running a business selling these assets, the profits would be taxable. For example, if an individual has a business selling racehorses, the money they make in that business is taxable. However, if they just purchased a racehorse and later sold it and made money, this would be exempt from CGT.

Assets Exempt from Capital Gains Tax - Juno Tax (2024)

FAQs

Which assets are exempt from capital gains tax? ›

Assets Exempt from Capital Gains Tax
  • cars.
  • motorbikes.
  • boats.
  • yachts.
  • racehorses.
  • greyhounds.
  • clocks.
  • shotguns.
Jan 14, 2022

What is a simple trick for avoiding capital gains tax? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

What makes you exempt from capital gains? ›

If you have lived in a home as your primary residence for two out of the five years preceding the home's sale, the IRS lets you exempt $250,000 in profit, or $500,000 if married and filing jointly, from capital gains taxes.

What assets qualify for capital gains? ›

Capital gains (and losses) apply to the sale of any capital asset. That includes traditional investments made through a brokerage account—such as stocks, bonds and mutual funds—but it also includes assets like real estate, cars, jewelry and collectibles, and digital assets such as cryptocurrency.

What assets are tax exempt? ›

The tax-exempt sector includes bonds, notes, leases, bond funds, mutual funds, trusts, and life insurance, among other investment vehicles. Government municipal bond issuers offer a guarantee, since the taxing authority typically raises funds to repay any GO bond obligations.

What accounts avoid capital gains tax? ›

Use tax-advantaged accounts

Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account. You'll just pay income taxes when you withdraw money from the account.

How do I get zero capital gains tax? ›

Capital gains tax rates

A capital gains rate of 0% applies if your taxable income is less than or equal to: $44,625 for single and married filing separately; $89,250 for married filing jointly and qualifying surviving spouse; and.

Do you have to pay capital gains after age 70 if you? ›

Since there is no age exemption to capital gains taxes, it's crucial to understand the difference between short-term and long-term capital gains so you can manage your tax planning in retirement. Short-term capital gains: Profits from the sale of assets held for one year or less.

What is the 6 year rule for capital gains tax? ›

Here's how it works: Taxpayers can claim a full capital gains tax exemption for their principal place of residence (PPOR). They also can claim this exemption for up to six years if they move out of their PPOR and then rent it out. There are some qualifying conditions for leaving your principal place of residence.

At what age do you no longer have to pay capital gains? ›

For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

Is there still a lifetime capital gains exemption? ›

The capital gains exclusion applies to your principal residence, and while you may only have one of those at a time, you may have more than one during your lifetime. There is no longer a one-time exemption—that was the old rule, but it changed in 1997.

Do I have to buy another house to avoid capital gains? ›

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

What assets are free from capital gains? ›

You don't usually need to pay tax on gifts to your husband, wife, civil partner or a charity. You don't pay Capital Gains Tax on: your car - unless you've used it for business. anything with a limited lifespan, eg clocks - unless used for business.

How to avoid paying capital gains tax? ›

How to Minimize or Avoid Capital Gains Tax
  1. Invest for the Long Term.
  2. Take Advantage of Tax-Deferred Retirement Plans.
  3. Use Capital Losses to Offset Gains.
  4. Watch Your Holding Periods.
  5. Pick Your Cost Basis.

What expenses can I offset against capital gains tax? ›

Costs you can deduct include:
  • fees, for example for valuing or advertising assets.
  • costs to improve assets (but not normal repairs)
  • Stamp Duty Land Tax and VAT (unless you can reclaim the VAT)

What assets are excluded from capital asset status? ›

The Internal Revenue Code defines capital assets by exclusion. ' Capital assets include all property except (1) inventory, (2) deprecia- ble or real property used in a trade or business, (3) copyrights, other artistic creations, or letters, (4) trade receivables, or (5) certain United States government publications.

What can I offset against capital gains tax? ›

Incidental acquisition costs
  • Estate agents's commission - where there is a property sale.
  • Legal costs.
  • Costs of transfer - e.g. stamp duty land tax.

Do I have to pay taxes on selling personal items? ›

Retail sales of tangible personal property in California are generally subject to sales tax. Examples of tangible personal property include such items as furniture, giftware, toys, antiques and clothing.

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