Are you thinking about selling, or have you sold a property?
The sale of a property generates capital gains. When its sale value exceeds its acquisition value, you will have to pay a tax.
In this article, we explain how Real Estate Capital Gains work and how you can benefit from the exemption!
REAL ESTATE CAPITAL GAINS
Taxation of Capital Gains
Taxation of Capital Gains
Taxation of Capital Gains
When you sell a property for a value greater than its value of acquisition you will obtain a gain - called Capital Gains. If you acquired the property more than 24 months ago, you must apply the currency devaluation coefficient to its acquisition value to determine the Capital Gains obtained.
When calculating the Capital Gains obtained, there are some expenses that you can deduce. These expenses are the application for the energy certificate, IMT, Stamp Tax, real estate commission, solicitor service, property deed, and valuation expenses over the last 12 years.
This gain is subject to tax payment, IRS, at 50% of its value. However, it may be considered at 100% when the property has benefited from non-refundable public support exceeding 30% of the Tax Asset Value, and the sale occurs before it has passed ten years since its acquisition.
Lounge Real Estate
july 2024
Source: Doutor Finanças
Reinvestment of the Sale Value of the Property
When reinvesting the value obtained from the sale of a property intended for personal and permanent housing in the purchase of another for the same purpose or land for the construction of housing for that purpose, you benefit from exemption from Capital Gains.
For the exemption to apply, the new property, or land, must be acquired 24 months before or 36 months after the sale. The property sold must have been permanent housing 24 months before the sale.
You must note that there cannot have been an exemption from capital gains in the year of gains or the three years before the sale. At the same time, the exemption can be partial when you reinvest part of the amount. In this case, the taxation is levied proportionally to the amount not reinvested.
Housing Credit Amortization
If you sell a property by 12/31/2024 and use the value obtained from the sale to amortize the credit of your own permanent home or that of a descendant, you will have an exemption on the amount used in the amortization.
For the exemption to apply, the credit must be amortized in the three months following the sale of the property.
Retirees or People Over 65
When you sell a property intended for your own permanent home, and you are retired or over 65, you can benefit from the Capital Gains exemption.
To do so, you must reinvest the amount from the sale in insurance such as life insurance, open pension fund, or contribution to the public capitalization scheme within six months after the transaction.
Sale of Properties to the State
You benefit from exemption from the IRS, or IRC in the case of a company, if you sell a property intended for housing to the State, Autonomous Regions, Public Business Entities in the housing sector, or Local Authorities.
Therefore, it cannot be an exercise of the right of preference, nor can it refer to residents whose tax domicile corresponds to a country that has a more favorable tax regime.
Capital Gains Exemption
Capital Gains Exemption
Capital Gains Exemption
When selling your property, the Capital Gains obtained may be exempt from the IRS depending on the destination given to it, the characteristics of the property, or the new buyer.
Capital Gains are, therefore, exempt when:
Date of Acquisition
Capital gains obtained from the sale of property acquired before 01/01/1989 or land intended for construction that was acquired before 06/09/1965 are exempt from income tax.