What Is the 6 Year Rule for Capital Gains Tax? (2024)

What Is the 6 Year Rule for Capital Gains Tax? (1)

Many countries have implemented a capital gains tax, but capital gains tax rates and the tax structure itself vary greatly from one country to the next.

Capital gains taxes are generated when you sell an asset for a profit. Assets can be real property, precious metals, stocks, bonds, cryptocurrency, land, and similar holdings or resources.

In this article, we'll look at how capital gains taxes work in the U.S. and other countries. We will also discuss some similarities and incongruities this tax shares among different government tax entities.

Capital Gains Taxes in Different Countries

In the U.S., capital gains taxes are capped at 20 percent if you’ve held an investment asset longer than one year and you are in the highest income bracket for married or single taxpayers.

Capital gains taxes are higher in many European countries. In Denmark, for example, the highest capital gains tax is 42 percent – the highest rate across the globe. Finland caps its capital gains tax at 34 percent, while France caps it at 30 percent with a 4-percent increase for high-income earners. Meanwhile, Belgium, Luxembourg, and Slovenia do not impose capital gains taxes on profits generated from the sale of investment assets.

The way income is taxed varies greatly as well. In the U.S. you’ll generate a capital gains taxable event if you sell something for more than you paid for it – although many real estate investors use 1031 exchanges to defer paying their capital gains tax liabilities. In Great Britain, investors pay 28 percent capital gains tax on the sale of residential property, and 20 percent on “chargeable” assets such as business machinery and equipment, personal possessions, and business shares not held in a tax-free Individual Savings Account or Personal Equity Plan – the British equivalents of U.S. tax-preferred/tax-exempt Individual Retirement Accounts.

How often you’ll have to pay capital gains taxes when selling certain investments in other countries varies as well.

Capital Gains Tax Exemptions in Certain Countries

For many U.S. taxpayers, their home is their largest capital asset. Homeowners typically are exempt from paying capital gains taxes on the sale of their homes under the Taxpayer Relief Act of 1997. This act provides an exemption of $250,000 for single taxpayers and $500,000 for married couples who file a joint return. In order to claim this important exemption, you must have lived in your home for two of the last five years, and you can only take the exemption once every two years.

Rules are different in other countries, though. In Australia, there’s a six-year rule. 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. These conditions include taking a job overseas, caring for a sick relative, or going on an extended holiday. If you move back into the residence and leave again, the six-year rule is re-established from the date of your last move-out. If you own a property and don’t rent it out, you can take the exemption for longer than six years, the Australian Tax Office notes.

The Bottom Line

Capital gains taxes are determined by the country in which your investment assets are held and are subject to that country’s rules governing capital gains taxation. Consult with tax professionals experienced in domestic and foreign tax policies to determine your potential capital gains tax liabilities for assets held in other countries.


This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice meeting the particular investment needs of any investor. Realized does not provide tax or legal advice. This material is not a substitute for seeking the advice of a qualified professional for your individual situation. All investments have an inherent level of risk. The value of your investment will fluctuate with the value of the underlying investments. You could receive back less than you initially invested and there is no guarantee that you will receive any income.

What Is the 6 Year Rule for Capital Gains Tax? (2024)

FAQs

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.

What is the 6-year exemption rule? ›

If you use your former home to produce income (for example, you rent it out or make it available for rent), you can choose to treat it as your main residence for up to 6 years after you stop living in it. This is sometimes called the '6-year rule'. You can choose when to stop the period covered by your choice.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. 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.

How many years to stay in a house to avoid capital gains tax? ›

As long as you lived in the property as your primary residence for 24 months within the five years before the home's sale, you can qualify for the capital gains tax exemption. And if you're married and filing jointly, only one spouse needs to meet this requirement.

Can you reset the 6-year rule? ›

You have to re-establish the property as your main residence if you want to use the 6-year rule again. This can only be achieved if you move back in, and you consider and make it your main home. Just remember rules and guidelines may change and in 12 years' time there could be different rules in place.

How to avoid capital gains tax over 65? ›

The IRS allows no specific tax exemptions for senior citizens, either when it comes to income or capital gains. The closest you can come is contributing to a Roth IRA or Roth 401(k) with after-tax dollars, allowing you to withdraw money without paying taxes.

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

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.

How can I legally avoid 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.

How do you avoid capital gains when selling to family? ›

Married/RDP couples can exclude up to $500,000 if all of the following apply: Your gain from the sale was less than $500,000. You filed a joint return for the year of sale or exchange. Either spouse/RDP meets the 2-out-of-5-year ownership requirement.

Who is exempt from capital gains tax in 2024? ›

Capital gains tax rates for 2024
Long-term capital gains rateTaxable income
SINGLE FILERS
0%$0 to $47,025
15%$47,026 to $518,900
20%$518,901 or higher
5 more rows
May 7, 2024

Do you have to buy another home to avoid capital gains? ›

Can You Avoid Capital Gains Tax On Real Estate? It's possible to legally defer or avoid paying capital gains tax when you sell a home. You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion.

Are closing costs deducted from capital gains? ›

In addition to the home's original purchase price, you can deduct some closing costs, sales costs and the property's tax basis from your taxable capital gains. Closing costs can include mortgage-related expenses. For example, if you had prepaid interest when you bought the house) and tax-related expenses.

What are the new capital gains tax rules? ›

Long-term capital gains tax rates for the 2024 tax year

For the 2024 tax year, individual filers won't pay any capital gains tax if their total taxable income is $47,025 or less. The rate jumps to 15 percent on capital gains, if their income is $47,026 to $518,900. Above that income level the rate climbs to 20 percent.

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

The capital gains tax property six-year rule allows you to treat your investment property as your main residence for tax purposes for up to six years while you are renting it out. This means you can rent it out for six years and still qualify for the main residence capital gains tax exemption when you sell it.

What is the exemption for 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. $59,750 for head of household.

What can you offset against capital gains tax? ›

You can deduct the stamp duty costs and the solicotr fee. The mortgage fee is not in relation to the actual sale of the property and is therefore not allowable. You cannot deduct any outstanding mortgage either.

How long can you go exempt on federal taxes? ›

An exemption from withholding is only good for one year. Employees must give you a new W-4 each year to keep or end the exemption. If the exemption expires, withhold federal income tax according to the employee's Form W-4 information.

What is the 6 month rule for capital gains? ›

The capital gains tax property six-year rule – see below. The 50% CGT discount – if you've held your property for 12 months or more before the CGT event, i.e. selling the property. The six-month rule – this is when the ATO allows you to hold two PPOR if a new home is acquired before a purchaser disposes of the old one.

How does annual exemption work? ›

For gifts on different days in the same tax year, the annual exemption is applied in date order. For multiple gifts on the same day the exemption is apportioned between them. Any part of the annual exemption which is not used in the tax year is carried forward into the following tax year.

What does claiming an exemption mean? ›

What are exemptions? An exemption is a dollar amount that can be deducted from an individual's total income, thereby reducing. the taxable income. Taxpayers may be able to claim two kinds of exemptions: • Personal exemptions generally allow taxpayers to claim themselves (and possibly their spouse)

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