How do house flippers avoid capital gains?
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
The 70% rule helps home flippers determine the maximum price they should pay for an investment property. Basically, they should spend no more than 70% of the home's after-repair value minus the costs of renovating the property.
The only way to completely avoid taxes on a house flip is to do a 'live-in' flip where you buy a property, rehab the property and live in the property as your primary residence for longer than 2 years. In that scenario, capital gains up to $250,000 ($500,000 for couples) are tax free.
Hold onto taxable assets for the long term.
The easiest way to lower capital gains taxes is to simply hold taxable assets for one year or longer to benefit from the long-term capital gains tax rate.
Flipping Houses: Tax Deductions
Unfortunately, most of the home flipping expenses are not immediately tax deductible. Instead, they must be capitalized into (i.e. added to) the basis (the original value) of the residence. Capitalized costs include: The cost of the home itself.
In rare cases, this can be illegal, according to the Federal Bureau of Investigation. However, they note that the illegality stems from artificial price inflation and minimal upgrades. Essentially, they view this as a way to scam other people out of the money that they're paying for that property.
The average ROI was -4.1%, and losses averaged out to $18,640. Five of the 10 worst markets for house flipping by ROI in 2023 were in Texas. Data source: ATTOM Data (2024).
A profit generated from the sale of a property is considered a capital gain, which is one of the most significant tax consequences for fix-and-flip investing. Broadly, it's anything above the purchase price and improvements minus depreciation.
Flipping Houses and Capital Gains Tax
Long-term capital gains taxes are for assets held over a year and are charged at a more favorable rate, ranging from 0% – 20% depending on the bracket. House flippers are mostly going to fall into the camp of short-term capital gains.
Profits from flipping houses are generally treated as ordinary income, not capital gains, so profits are subject to normal income tax and self-employment tax.
At what age do you not pay capital gains?
Since the tax break for over 55s selling property was dropped in 1997, there is no capital gains tax exemption for seniors. This means right now, the law doesn't allow for any exemptions based on your age. Whether you're 65 or 95, seniors must pay capital gains tax where it's due.
Reinvest in new property
The like-kind (aka "1031") exchange is a popular way to bypass capital gains taxes on investment property sales. With this transaction, you sell an investment property and buy another one of similar value.
You purchase, fix, and flip multiple properties on a routine basis as your primary form of business. In this scenario, flipping real estate is your main form of income and profits are therefore treated as ordinary income and taxed at your ordinary tax rate.
Some house flippers choose to pay themselves between 10% and 30% of the total profits generated. Make sure you have a business bank account to pay yourself from. It's advisable to do this for LLC's particularly, and to keep your business and personal financials separate.
By paying cash you lose a potentially valuable tax write-off in the mortgage interest deduction. Mortgage interest may be deductible on mortgages up to $750,000 for taxpayers who itemize (your property tax payments may also be deductible, regardless of whether you have a mortgage).
City | Annual Salary | Monthly Pay |
---|---|---|
San Francisco, CA | $107,231 | $8,935 |
San Jose, CA | $103,686 | $8,640 |
Oakland, CA | $101,464 | $8,455 |
Hayward, CA | $101,291 | $8,440 |
(Illegal) Property Flips
Some of the following red flags may occur in flips: Ownership changes two or more times in a brief period of time with the property value increasing significantly. Two or more closings occur almost simultaneously. The seller has owned the property for only a short time.
- Owner listed on appraisal and/or title may not match the seller on the sales contract.
- Refinance transaction used to pay off private short-term financing.
It is common for experienced house flippers to achieve a return on investment that ranges from 10-20%, after factoring in all the expenses involved when flipping a house. If you assume a 15% return, that would mean a net profit margin of: $100,000 House Flip = $15,000. $250,000 House Flip = $37,500.
The Best (and Worst) States to Flip Houses
Louisiana is the best state for flipping houses in the U.S. with a score of 41.1 out of 50. This is largely due to the state's high house flipping ROI of 55.6%. Fixer-upper homes in this state are also priced reasonably at $196,763.
Why do house flippers fail?
Renovation and other costs (real estate taxes, utilities, and other carrying costs) can cut your profit by around two-thirds. Add to that an unexpected structural problem with the property, and a gross profit can become a net loss.
The downside is that it may boost your property tax bill, increasing your holding costs. In addition to this, you will also have to pay capital gains tax on any profits you make from the flip. The tax rate will depend on the duration of property ownership.
The FHA flipping rule states that any FHA-insured mortgage cannot be used to purchase a home that has been flipped within 90 days of the sale. In other words, a seller must own the property for at least 90 days before it can be sold to an FHA borrower.
There's just one problem: lots of people are losing money. An analysis RealtyTrac ran for Money showed that 12% of flips sold at break-even or at a loss before all expenses. In 28% of flips, the gross profit was less than 20% of the purchase price.
Qualifying for the exclusion
In general, to qualify for the Section 121 exclusion, you must meet both the ownership test and the use test. You're eligible for the exclusion if you have owned and used your home as your main home for a period aggregating at least two years out of the five years prior to its date of sale.
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