Do You Have to Pay Capital Gains Tax After Age 70? - Caregiving Network Blog (2024)

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Meta Description: Discover whether seniors over 70 have to pay capital gains tax and learn how this tax works. Stay informed and make better financial decisions in your golden years.

Meet Mark. A vibrant 72-year-old who’s just sold his second home. He’s looking forward to reaping the benefits of his well-timed investment. But now, there’s this looming question on his mind: “Do I have to pay capital gains tax even now?” Mark’s not alone. This question puzzles many as they step into their golden years. While going through a legal checklist for aging parents, many of us have come across this tax query. Today, we’ll delve deep into this and see if age really does provide a tax shelter when it comes to capital gains.

What is a Capital Gains Tax?

Capital Gains Tax, or CGT, is a levy imposed on the profit derived from the sale or disposition of an asset that has appreciated in value since its acquisition. Essentially, it’s the difference between the original cost (often referred to as the “basis”) and the selling price of the asset. This tax comes into play for assets like stocks, bonds, real estate, and even certain collectibles. The primary intention behind CGT is to tax individuals on the income they earn from their investments.

It’s crucial to note that CGT is only owed when the asset is sold or disposed of. If an asset appreciates in value but isn’t sold, no capital gains are realized, and therefore, no tax is due. The duration for which you hold the asset can also determine the rate at which you’re taxed. Assets held for a shorter period might be considered short-term and could be taxed at a higher rate, while those held longer are termed long-term and generally attract more favorable tax rates.

Statistics:

  • According to the Internal Revenue Service (IRS), capital gains can be short-term (held less than a year) or long-term (held more than a year).
  • Long-term capital gains have preferred tax rates varying from 0% to 20%, depending on one’s taxable income and filing status.
  • Short-term capital gains are taxed as ordinary income, which can range up to 37% based on income brackets.
Do You Have to Pay Capital Gains Tax After Age 70? - Caregiving Network Blog (1)

How Does it Work for Seniors?

Seniors, like the rest of the population, are liable for capital gains tax. But the picture gets a little intricate here.

When examining a legal checklist for aging parents or considering retirement planning, it’s essential to factor in CGT. The amount of CGT that seniors are liable to pay depends on their total taxable income, which often changes during retirement.

Statistics:

  • As of 2022, for a single filer aged 65 or older, if their total income is less than $40,000 (or $80,000 for couples), they don’t owe any long-term capital gains tax.
  • On the higher end, if a senior’s income surpasses $441,450 (or $496,600 for couples), they’d be in the 20% long-term capital gains tax bracket.

Quick poll

How Can Seniors Reduce Their Capital Gains Taxes?

Capital gains tax can sometimes eat into the profits of investments, especially for seniors who might be selling assets to fund their retirement or to transition into a simpler lifestyle. Here are some strategic ways seniors can consider to minimize or reduce their capital gains tax exposure:

  • Tax-loss Harvesting: This tactic involves selling securities at a loss to offset a capital gains tax liability. The strategy requires balancing out the gains from one investment by realizing a loss on another.
  • Gifting Assets: Seniors can consider gifting assets to family members or loved ones, especially if those receiving the assets are in a lower tax bracket. This can often reduce the overall capital gains tax that might be due upon the sale of the asset.
  • Charitable Contributions: Donating appreciated stocks or assets to charity can not only offer philanthropic satisfaction but can also provide a way to potentially eliminate the capital gains tax on those assets. Moreover, it could yield a charitable deduction.
  • Roth IRA Conversions: While this doesn’t directly reduce CGT, converting assets from a traditional IRA to a Roth IRA can help in managing taxable income in retirement, thereby potentially impacting the CGT rate.
  • Hold onto Investments Longer: If seniors can afford to wait, holding assets for over a year can ensure they’re categorized as long-term capital gains, which usually attract a lower tax rate than short-term gains.
  • Utilize the Home Sale Tax Exclusion: For seniors selling their primary residence, they might be eligible for a home sale tax exclusion. As of my last update, single filers can exclude up to $250,000 in capital gains, while married couples can exclude up to $500,000.
  • Consider Tax-Deferred or Tax-Free Investment Opportunities: Investments like bonds or certain real estate ventures can offer tax-deferred or even tax-free gains. While they might have other risks or considerations, they could serve as a way to shield some income from immediate taxation.
  • Review and Adjust Portfolio Regularly: With age and changing financial needs, it’s essential to regularly review and possibly rebalance one’s portfolio. This proactive approach can help in managing and timing capital gains more effectively.

At What Age Do You No Longer Have to Pay Capital Gains Tax?

The short and simple answer: Age doesn’t exempt anyone from capital gains tax. This means even if you’re like Mark, celebrating your 70s or beyond, Uncle Sam still expects his share from your capital gains. Always remember to keep this in mind when reviewing a legal checklist for aging parents or planning for your own golden years.

Conclusion

Capital gains tax can seem like a daunting aspect of financial planning, especially in the twilight years. Like Mark, it’s crucial to be informed and proactive. Whether you’re managing your portfolio, aiding with a legal checklist for aging parents, or just curious – knowledge is the key to navigating this fiscal maze.

SO, DO YOU RELATE TO MARK’S STORY? MAYBE YOU OR SOMEONE YOU KNOW IS GRAPPLING WITH THESE TAX NUANCES. SHARE YOUR EXPERIENCES; LET’S GET THE CONVERSATION ROLLING!

References

  1. Internal Revenue Service (IRS). Capital Gains and Losses. Publication 550.
  2. Tax Policy Center. Key Elements of the U.S. Tax System.
  3. AARP. Taxes in Retirement.
Do You Have to Pay Capital Gains Tax After Age 70? - Caregiving Network Blog (2024)

FAQs

Do You Have to Pay Capital Gains Tax After Age 70? - Caregiving Network Blog? ›

The amount of CGT that seniors are liable to pay depends on their total taxable income, which often changes during retirement. Statistics: As of 2022, for a single filer aged 65 or older, if their total income is less than $40,000 (or $80,000 for couples), they don't owe any long-term capital gains tax.

Do you pay capital gains tax after age 70? ›

Capital gains tax over 65: does your age affect how much you pay? Whether you're 65 or 95, seniors must pay capital gains tax where it's due. This can be on the sale of real estate or other investments that have increased in value over their original purchase price, which is known as the “tax basis.”

At what age do you not have to 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 much can a 70 year old earn without paying taxes? ›

Taxes aren't determined by age, so you will never age out of paying taxes. Basically, if you're 65 or older, you have to file a return for tax year 2023 (which is due in 2024) if your gross income is $15,700 or higher.

Who is exempt from capital gains tax? ›

You can sell your primary residence and avoid paying capital gains taxes on the first $250,000 of your profits if your tax-filing status is single, and up to $500,000 if married and filing jointly. The exemption is only available once every two years. But it can, in effect, render the capital gains tax moot.

Is there a once-in-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.

How can senior citizens avoid taxes? ›

Seniors can earn more income than younger workers before submitting a tax return. People age 65 and older can earn a gross income of up to $15,700 before they are required to file a 2023 tax return, which is $1,850 more than younger workers.

Do capital gains stop at death? ›

If you inherit property or assets, as opposed to cash, you generally don't owe taxes until you sell those assets. These capital gains taxes are then calculated using what's known as a stepped-up cost basis. This means that you pay taxes only on appreciation that occurs after you inherit the property.

How do you calculate capital gains tax on the sale of a home? ›

Capital gain calculation in four steps
  1. Determine your basis. ...
  2. Determine your realized amount. ...
  3. Subtract your basis (what you paid) from the realized amount (how much you sold it for) to determine the difference. ...
  4. Review the descriptions in the section below to know which tax rate may apply to your capital gains.

How do I get the $16728 Social Security bonus? ›

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.

Is Social Security taxed after age 70 if still working? ›

As long as you continue to work, even if you are receiving benefits, you will continue to pay Social Security taxes on your earnings. However, we will check your record every year to see whether the additional earnings you had will increase your monthly benefit.

Do seniors have to file taxes if only income is Social Security? ›

Generally, if Social Security benefits were your only income, your benefits are not taxable and you probably do not need to file a federal income tax return.

Are capital gains ever tax free? ›

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.

Do I have to pay capital gains tax immediately? ›

It is generally paid when your taxes are filed for the given tax year, not immediately upon selling an asset. Working with a financial advisor can help optimize your investment portfolio to minimize capital gains tax.

How do I calculate my capital gains tax? ›

Your taxable capital gain is generally equal to the value that you receive when you sell or exchange a capital asset minus your "basis" in the asset. Your basis is generally what you paid for the asset. Sometimes this is an easy calculation – if you paid $10 for stock and sold it for $100, your capital gain is $90.

What age do property taxes freeze in California? ›

To be eligible for Property Tax Postponement Program, you must: Be at least age 62, or blind, or have a disability. Own and occupy the home as your primary place of residence. Have a total household income of $49,017 or less.

Do you pay capital gain tax on inherited property? ›

If you inherit property or assets, as opposed to cash, you generally don't owe taxes until you sell those assets. These capital gains taxes are then calculated using what's known as a stepped-up cost basis. This means that you pay taxes only on appreciation that occurs after you inherit the property.

How much capital gains can I make before paying taxes? ›

Long-term capital gains tax rate 2024
Capital gains tax rateSingle (taxable income)Married filing jointly (taxable income)
0%Up to $47,025Up to $94,050
15%$47,026 to $518,900$94,051 to $583,750
20%Over $518,900Over $583,750
Dec 21, 2023

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