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TAX GUIDE

Capital Gains Tax on Real Estate and Rental Property 2026

KEY INSIGHT
Real estate held more than one year is taxed as long-term capital gain at 0%, 15% or 20%; for 2026 the 15% rate applies to single filers up to $545,500 of taxable income. Depreciation taken on rental property is taxed at up to 25%, a 3.8% net investment income tax can apply, and a main home can exclude up to $250,000 of gain ($500,000 joint) (IRS).
At a glance

Key Facts

Long-term rates
0%, 15% or 20%
Depreciation part
Up to 25%
Home sale exclusion
$250,000 ($500,000 joint)
Net investment income tax
3.8% above $200,000 / $250,000 MAGI
Introduction

Selling real estate can trigger several taxes at once: capital gains tax at up to three rates, a special rate on depreciation you claimed, and sometimes a 3.8% surcharge. Selling your main home is treated very differently from selling a rental.

This guide covers the 2026 rate thresholds, the home sale exclusion, depreciation recapture, the net investment income tax and like-kind exchanges, with a worked rental sale. It follows IRS Topics 409, 701 and 559, Publications 523 and 544 and Revenue Procedure 2025-32.

Section 01

2026 Long-Term Capital Gains Rates

If you hold an asset more than one year before you dispose of it, the gain is long-term. If you hold it one year or less, the gain is short-term, and net short-term gains are taxed as ordinary income at graduated rates. For long-term gains, the IRS sets the taxable income at which each rate applies. These are the 2026 amounts from Revenue Procedure 2025-32.

Filing status0% rate applies up to15% rate applies up to20% rate above
Married filing jointly and surviving spouse$98,900$613,700$613,700
Head of household$66,200$579,600$579,600
Single$49,450$545,500$545,500
Married filing separately$49,450$306,850$306,850

The IRS says a 20% rate applies to the extent that your taxable income exceeds the thresholds for the 15% rate. The thresholds are measured against your taxable income, which includes the gain. For the ordinary income brackets, see our 2026 federal tax brackets guide.

Section 02

Selling Your Main Home: The $250,000 and $500,000 Exclusion

If you have a gain from selling your main home, you may qualify to exclude up to $250,000 of it from income, or up to $500,000 if you file a joint return. You must meet both tests: you owned the home for at least 24 months out of the 5 years before the sale, and you used it as your residence for at least 24 months of the previous 5 years. The two periods do not have to be the same 2 years.

Two traps apply to rental use. The exclusion does not cover the portion of gain equal to depreciation allowed or allowable after May 6, 1997, which must be recaptured and reported under section 1250. And if you received Form 1099-S (Proceeds From Real Estate Transactions), you must report the sale on Form 8949 even if you have no taxable gain to report.

Section 03

Rental and Investment Property: Depreciation Recapture

Gain on selling section 1250 property, which is depreciable real property, is treated as ordinary income to the extent of additional depreciation. Pub. 544 says you have no additional depreciation if you used the straight-line method (or another method that gives no more than straight-line), held the property longer than 1 year and, for qualified property, made a timely election not to claim a special depreciation allowance. In that common case the part of the gain that comes from depreciation you took is unrecaptured section 1250 gain, taxed at a maximum 25% rate. The rest of a long-term gain is taxed at 0%, 15% or 20%. Land is not depreciable, so it creates no recapture. Our depreciation recapture guide explains the rules in depth.

Section 04

The 3.8% Net Investment Income Tax

The net investment income tax (NIIT) is 3.8% of the lesser of your net investment income or the amount by which your modified adjusted gross income exceeds $200,000 (single or head of household), $250,000 (married filing jointly or qualifying surviving spouse) or $125,000 (married filing separately). Net investment income includes net gains from the disposition of real estate to the extent taken into account in computing taxable income, and rents unless they come from a trade or business to which the NIIT does not apply. It does not apply to the excluded part of the gain from selling your principal residence.

Section 05

Worked Example: Selling a Rental Property

An investor bought a rental property for $300,000, took $50,000 of depreciation over the years and sold it for $450,000, paying $27,000 in selling costs.

StepAmount
Sale price$450,000
Less selling costs$27,000
Amount realized$423,000
Purchase price$300,000
Less depreciation taken$50,000
Adjusted basis$250,000
Total gain (amount realized minus adjusted basis)$173,000
Part from depreciation (unrecaptured section 1250 gain)$50,000
Remaining long-term gain$123,000

The depreciation part is taxed at a maximum of 25%, which is at most $12,500. If the remaining $123,000 falls entirely in the 15% band, the tax on it would be $18,450.00. These are illustrations at the top rates; the actual split depends on your other income, and the NIIT may add 3.8%. The example ignores state tax and assumes the improvements and closing costs are already reflected in the figures.

Section 06

Deferring the Gain with a Like-Kind Exchange

The nonrecognition rules for like-kind exchanges apply only to exchanges of real property held for investment or for productive use in a trade or business and not held primarily for sale. Buildings, land and rental property are examples of property that may qualify; real property used for personal purposes does not. State rules can differ, so read our 1031 exchange state tax guide and ask a tax professional before relying on a deferral.

Section 07

Reporting the Sale and Offsetting Losses

Report most sales and other capital transactions, and calculate the gain or loss, on Form 8949, then carry the totals to Schedule D. If your capital losses exceed your capital gains, you can use the lesser of $3,000 ($1,500 if married filing separately) or your total net loss to lower other income, and carry the rest forward. See our Form 8949 guide. State capital gains taxes are separate: see state capital gains tax by state.

Section 08

Official Sources

IRS Topic no. 409: Capital gains and losses, IRS Topic no. 701: Sale of your home, IRS Topic no. 559: Net investment income tax, IRS Publication 523: Selling Your Home, IRS Publication 544: Sales and Other Dispositions of Assets, IRS Revenue Procedure 2025-32.

FAQ

Frequently Asked Questions

What is the capital gains tax rate on real estate in 2026?

Long-term gains are taxed at 0%, 15% or 20% depending on taxable income: for a single filer, 0% up to $49,450 and 15% up to $545,500 for 2026. Depreciation you took on rental property is taxed at up to 25%, and short-term gains are taxed as ordinary income.

How do I avoid capital gains tax on the sale of a home?

Meet the ownership and use tests (24 months each in the last 5 years) to exclude up to $250,000 of gain, or $500,000 if you file jointly. The exclusion does not cover depreciation taken after May 6, 1997.

What is a 1031 exchange?

A like-kind exchange of real property held for investment or business use that defers recognizing the gain. It does not apply to property used for personal purposes or property held primarily for sale.

What are the capital gains tax brackets for individuals?

For 2026: single 0% to $49,450 and 15% to $545,500; head of household 0% to $66,200 and 15% to $579,600; married filing jointly 0% to $98,900 and 15% to $613,700. The 20% rate applies above the 15% thresholds.

What is unrecaptured section 1250 gain?

The part of the gain on selling depreciable real property that comes from depreciation you took. The IRS says it is taxed at a maximum 25% rate.

Do I pay capital gains tax on a rental property I sell at a loss?

A capital loss can offset capital gains, and net capital losses can lower other income by up to $3,000 a year ($1,500 if married filing separately), with the rest carried forward. Property used in a business can fall under section 1231 rules instead, so see Pub. 544, chapter 3.

Does the net investment income tax apply to real estate sales?

It can. Net investment income includes net gains from the disposition of real estate to the extent taken into account in computing taxable income, and rents unless derived in a trade or business to which the tax does not apply. The tax is 3.8% above $200,000 (single) or $250,000 (joint) of MAGI.

How long must I hold real estate for long-term treatment?

More than one year. If you hold it one year or less the gain is short-term and taxed as ordinary income.

Do I have to report a home sale if I owe no tax?

If you received Form 1099-S, yes: the IRS says you must report the sale on Form 8949 even if you have no taxable gain to report.

Is there a state capital gains tax on real estate?

Many states tax capital gains as income and some do not. Our state capital gains guide lists the rules by state.
Disclaimer:This guide gives general tax information for educational purposes and is not tax, legal or financial advice. Rules, forms and deadlines are set by the authorities named here and can change; check the official sources linked in this guide and talk to a qualified tax professional about your own situation.
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