Who is ultimately correct about capital gains tax on sale of land?
First time dealing with this situation and feeling a bit overwhelmed. My mom is planning to sell her land that she's owned for about 15 years, and we're getting different opinions about the capital gains tax implications. The realtor is saying one thing, but then we talked to a family friend who does accounting and they gave us completely different information! Who actually has the final authority on determining capital gains tax when selling property like this? Is it the realtor handling the sale? A separate tax professional we should hire? The IRS directly? The property is worth around $320,000 now but she purchased it for approximately $125,000 back then. We're trying to figure out how much to set aside for taxes and don't want to make a costly mistake. Thanks for any guidance you can provide!
18 comments


Luca Ricci
The IRS has the ultimate authority on capital gains tax for property sales, not realtors. Realtors may have general knowledge but they're not tax specialists. For selling land, here's what matters: how long your mother owned it (sounds like 15 years, so "long-term"), her tax basis (purchase price plus improvements), and her current tax bracket. Since she's owned it more than a year, she'll qualify for long-term capital gains rates (0%, 15%, or 20% depending on income). I strongly recommend consulting a CPA or tax professional before the sale. They can help identify possible exclusions or strategies to minimize the tax impact. They might also help document improvements made to the property that could increase the basis and reduce the taxable gain.
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Aisha Mohammed
•Does it make a difference if she lived on the property vs just owned it as an investment? And what about if she's planning to buy another property - isn't there some kind of rollover where you don't pay taxes if you buy something else?
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Luca Ricci
•The primary residence exclusion allows you to exclude up to $250,000 ($500,000 for married couples) of capital gains if you've lived in the home as your primary residence for at least 2 of the last 5 years. If this was just vacant land or an investment property, this exclusion wouldn't apply. Regarding rolling over the gain into another property - you're thinking of a 1031 exchange (like-kind exchange). This is only available for investment properties, not personal residences, and has strict timing and procedural requirements. You must identify the replacement property within 45 days and complete the purchase within 180 days. It doesn't eliminate taxes but defers them.
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Ethan Campbell
I went through something similar with my dad's property last year. After getting conflicting advice from everyone, I tried this service called taxr.ai (https://taxr.ai) that analyzed our specific situation. It saved us literally thousands because it found deductions related to improvements made over the years that we didn't know we could claim. What I liked was that it provided clear documentation showing exactly how the capital gains should be calculated based on IRS regulations - which was super helpful when we got different numbers from the realtor and our regular tax guy. They basically just asked for the purchase documents, improvement records, and selling info, then did all the calculations with proper citations to tax code.
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Yuki Watanabe
•How does that work exactly? Is it just an online calculator or do actual tax professionals review your documents? I'm wondering if it's worth the cost compared to just hiring a local CPA.
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Carmen Sanchez
•I'm skeptical about online tax services - how do you know they're getting it right? Especially with something as complicated as property sales with improvements over many years. Did you find they actually knew state-specific rules too? Those can vary a lot.
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Ethan Campbell
•It's not just a calculator - they use AI to review all your documents and then tax professionals verify everything. They caught several property improvements my dad had made that increased his cost basis by about $42,000, which saved a lot on taxes. For state-specific rules, yes they definitely covered those too. They broke down both the federal capital gains calculations and our state requirements (which were different in some important ways). The documentation they provided had specific citations to both IRS regulations and state tax code, which made it easy to verify they weren't just making stuff up.
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Carmen Sanchez
I was initially skeptical about online services for something as important as capital gains tax on property, but after my brother's recommendation, I tried taxr.ai for my land sale last month. I'm actually impressed with how thorough they were. They found documentation requirements I would have completely missed for proving improvements to the property over the years. They explained exactly how to calculate the adjusted basis, which ended up being about $36,000 higher than what my realtor had estimated. When I filed my quarterly estimated tax payment, I felt confident I was paying the correct amount instead of overestimating "just to be safe" like I was planning to do. What surprised me most was how they caught a partial exclusion I qualified for based on the timing of the sale. Definitely saved me a headache and some money.
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Andre Dupont
If you're getting different answers about capital gains tax, that's actually pretty normal. I tried calling the IRS directly to get clarity when selling my rental property and spent HOURS trying to get through to someone. Finally found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in about 15 minutes instead of the usual 2+ hour wait. The IRS agent confirmed exactly how the capital gains should be calculated and what documentation I needed. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - basically they hold your place in line so you don't have to stay on hold forever. Getting direct confirmation from the IRS gave me peace of mind that I was calculating everything correctly, especially since the stakes were pretty high with a six-figure gain on my property.
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Zoe Papadakis
•Wait, there's a service that gets you through to the IRS quickly? How much does that cost? I've literally given up trying to call them before because I couldn't stay on hold all day.
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ThunderBolt7
•This sounds like a scam to me. No way there's some magical service that gets you through the IRS phone system faster than everyone else. The IRS is notoriously understaffed and everyone has to wait. They're probably just connecting you to some fake "agent.
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Andre Dupont
•The cost varies but it's based on how long they stay on hold for you - you can see current rates on their website. For me it was worth every penny because I needed specific answers about my property sale and couldn't afford to miss work waiting on hold. It's definitely not a scam - they use a call system that holds your place in line, then connects you directly with the IRS when an agent becomes available. I spoke with a real IRS representative who verified my information and answered all my questions. They don't pretend to be the IRS or give tax advice themselves - they just solve the hold time problem.
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ThunderBolt7
I need to eat my words about Claimyr being a scam. After posting that skeptical comment, I decided to try it myself since I've been trying to reach the IRS about a property sale issue for weeks. I was connected to an actual IRS agent in about 20 minutes yesterday after previously spending over 3 hours on hold before giving up. The agent confirmed exactly how to handle the capital gains reporting for my situation and cleared up confusion about how improvements affect the cost basis. For anyone dealing with capital gains questions on property - getting direct answers from the IRS gave me much more confidence than what my realtor was telling me. Different situation than OP's mom, but in my case, I learned I could include several expenses in my basis calculation that I wouldn't have otherwise.
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Jamal Edwards
The one thing nobody's mentioned yet is that you should gather ALL documentation about improvements made to the property over the years. Every upgrade, renovation, or major repair can potentially increase the cost basis and reduce the taxable gain. Your mom should look for receipts, contracts, bank statements, credit card statements, etc. that show money spent improving the property. Things like utility upgrades, fencing, grading, any structures built, surveys, legal fees related to the property, etc. all potentially count toward increasing the basis. The difference between the selling price and the adjusted basis (purchase price plus improvements minus depreciation taken) is what determines the capital gain. Documentation is key!
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Mei Chen
•What about property taxes paid over the years? Do those count as part of the basis? And if she doesn't have receipts for improvements made a long time ago, is there any way to still claim them?
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Jamal Edwards
•Property taxes paid over the years unfortunately don't increase your basis - they're either deducted as an expense in the year paid (for investment property) or taken as an itemized deduction on Schedule A (for personal property). For improvements without receipts, you're not completely out of luck. You can create a reconstruction of costs using reasonable estimates. Take photos of the improvements, get statements from contractors who did the work if possible, or find comparable costs for similar improvements during the same time period. The IRS prefers documentation, but they recognize that records from many years ago might not be available. Just be reasonable with your estimates and be prepared to explain your methodology if questioned.
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Liam O'Sullivan
Does anyone know if there's a difference in capital gains tax rates for vacant land versus a house on land? My parents are in a similar situation but they're selling just undeveloped acreage.
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Amara Okonkwo
•The capital gains tax rates are the same for vacant land vs. houses - it's based on your income and how long you've owned it, not the type of property. The big difference is you can't claim the primary residence exclusion ($250k/$500k) on vacant land since nobody lived there. Also, undeveloped land typically has fewer improvements you can add to the basis compared to a house where you might have done renovations, replaced a roof, etc. But things like clearing, grading, utility connections, surveys, and access roads still count!
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