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  1. Office of the New York State Attorney General The Capitol Albany NY 12224-0341 Phone: 1-800-771-7755

  2. Sep 18, 2023 · Knowing the New York State capital gains tax real estate rules is essential for property owners and investors. Understanding how gains are calculated, available exemptions, and deduction strategies can help you make better investment decisions.

    • How to Compute Capital Gains Tax
    • Selling Underperforming Assets
    • Claiming A Stepped-Up Basis on Your deceased Spouse’S Share
    • Using The 1031 Tax-Free Exchange
    • Using A Deferred Sales Trust

    Capital gains tax is a tax imposed on your capital gain, which is generally computed as the amount you sold the asset less the amount you purchased it. For example, if you buy a house in the Hamptons for $200,000 in 1970 and you sold it for $1,500,000 in 2022, capital gains tax will be imposed on your capital gain, which is $1,300,000 (1,500,000 le...

    One strategy some taxpayers use to offset the gains is to sell underperforming assets. For example, if there is profit from the sale of property in the amount of $400,000, and you have stocks that you previously bought in 2019 for $100,000 but are now worth $5000, you can sell these stocks and subtract the $95,000 loss from your $1,300,000 gain, so...

    In the example above, if you purchased the Hamptons house with your spouse in 1970 for $200,000 and sold it in 2022 for $1,500,000, you and your spouse will have a capital gain of $1,300,000. However, if your spouse died in 2021 without selling the Hamptons house, you will inherit the property from him on a stepped up basis, based on the house’s ma...

    A 1031 tax-free exchange allows a taxpayer to swap one investment property to another so capital gains taxes will be deferred. To qualify for a 1031 tax-free exchange, the following are the requirements: 1. The replacement property must be like-kind, similar in nature and function. 2. You cannot hold the money from a sale during the exchange at any...

    To defer capital gains trust, some taxpayers use a deferred sales trust. Here, property is sold to a trust on installment basis. Under the tax rules, for installment sales, you only report your capital gain on the installment. In the Hamptons house case above, if you sell your property to the third party trust for $1,500,000 on installment basis fo...

  3. Oct 17, 2024 · Discover the New York capital gains tax and its rates in 2024. Learn about tax planning strategies to reduce your capital gains taxes.

  4. NYC and NY State don’t impose a separate capital gains tax. So the sellers will pay regular income tax on the profits at the state tax rate, which ranges from 4% to 10.9%, and the city tax rate, which ranges from 3.078% to 3.876%.

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  6. Jun 20, 2024 · Whether you’re a resident or an investor – understanding the Capital Gains Tax is essential. In this blog, we’re going to break down the basics of what capital gains tax is, how it works, and key considerations.