Legal Question in Investment Law in California

stocks and capital gains

we are purchasing our first home we are going to cash out our stocks for the down will we have to pay capital gains taxes if so how much?


Asked on 2/04/06, 9:11 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: stocks and capital gains

If you are selling appreciated stocks (and if so congratulations!), you will be subject to capital gains tax. While there are a very few exceptions to capital-gains tax liability when investments are cashed in, most of these involve like-property exchanges under IRC section 1031, e.g. one income property (apartment house) for another (strip mall). Other non-taxable transactions include exchanges of securities in the same corporation due to a reorganization, bankruptcy, recpaitalization, and so forth.

I do not know of any way to avoid capital gains taxes when the change of investment is so great as stocks-to-residence will be.

How much you will have to pay is a question that can only be answered by having a tax expert, or great software, run your particular numbers.

If it's any consolation, keep in mind that as long as you have a profit is stocks, Uncle Sam is going to get his cut, sooner or later. On the other hand, home ownership has a lot of tax benefits, e.g. deductibility of interest and a substantial capital-gains exemption when you SELL at a profit (but not when you buy).

Your stock broker may be able to give you some free assistance on this.

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Answered on 2/04/06, 10:16 pm


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