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The Global Insight

Do you pay capital gains if you sell your house at a loss?

Author

Robert Miller

Updated on March 11, 2026

A loss on the sale or exchange of personal use property, including a capital loss on the sale of your home used by you as your personal residence at the time of sale, or loss attributable to the part of your home used for personal purposes, isn’t deductible.

Can I claim loss from selling my house?

If you sell the capital asset for more than you paid for it and earn a profit, you are subject to tax on the gain. If you end up selling for less than your cost, you incur a loss. However, losses on personal-use assets are generally not deductible. Let’s see how the IRS treats gains and losses for real estate property.

Do capital gains get offset by losses?

Losses on your investments are first used to offset capital gains of the same type. Any excess net capital loss can be carried over to subsequent years to be deducted against capital gains and against up to $3,000 of other kinds of income.

What can be deducted from capital gains when selling a house?

“You can deduct any costs associated with selling the home—including legal fees, escrow fees, advertising costs, and real estate agent commissions,” says Joshua Zimmelman, president of Westwood Tax and Consulting in Rockville Center, NY. This could also include home staging fees, according to Thomas J.

Can I offset real estate capital gains with stock losses?

Yes, your capital loss carryover may be deducted against the capital gain on the sale of your house. Keep in mind, if your capital losses were to exceed your capital gain, the amount of the excess loss you can claim is the lesser of $3,000 ($1,500 if you are married filing separately) or your total net loss.

How are capital gains calculated on a sale of a home?

The resulting number is your cost basis. Your capital gain would be the sales price of your home less your cost basis. If it’s a negative number, you’ve had a loss. Unfortunately, you cannot deduct a loss from the sale of your main home.

How much can you exclude from capital gains when you sell your home?

Unmarried individuals can exclude up to $250,000 in profits from capital gains tax when they sell their primary personal residence, thanks to a home sales exclusion provided for by the Internal Revenue Code (IRC). Married taxpayers can exclude up to $500,000 in gains. 1 

Can a sale of an investment property defer capital gains?

If an investor uses IRS Code Section 1031 to recognize a ” like-kind ” exchange when selling an investment property, capital gains can be deferred by purchasing a similar investment property. 1  Is It True That You Can Sell Your Home And Not Pay Capital Gains Tax?

Do you have to pay capital gains on sale of primary residence?

Sale of Primary Residence. These rules state that you must have occupied the residence for at least two of the last five years. If you buy a home and a dramatic rise in value causes you to sell it a year later, you would be required to pay capital gains tax on the gain. This rule does, however, allow you to convert a rental property…