AZ Capital Gains 1031 Real Estate Investment

AZ Capital Gains 1031 Real Estate Investment

Arizona Capital Gain 1031 Real Estate Investors

AZ Capital Gains 1031 Real Estate Investment - Arizona Capital Gain 1031 Real Estate Investors

AZ Capital Gains 1031 Real Estate Investment

Century-Old Solution for Real Estate Investors
Facing Higher Taxes

1031 Exchanges Offer Full Deferral of the
AZ 3.8% Medicare Surtax and Arizona 20% Capital Gain Tax

It’s not how much you make, but how much you keep is more true than ever before for Arizona real estate investors in both Phoenix and Tucson 1031 Investor markets. Not only have capital gain taxes increased significantly for high earners, but many Arizona investors below the top tax bracket face an additional 3.8% surtax on passive investment income like capital gains. Fortunately, IRC Section 1031, a provision which has been in the tax code since 1921, provides critically needed tax relief for those investing in Arizona.

Under the American Taxpayer Relief Act, the top capital gain tax rate has been permanently increased to 20% (up from 15%) for single filers with incomes above $400,000 and married couples filing jointly with incomes exceeding $450,000. In addition, the new IRC Section 1411 3.8% Medicare surtax on net investment income, which includes capital gains, results in an overall rate for higher-income taxpayers of 23.8% — an incredible 58% increase from past tax rates.

Four Steps Involved in Determining Capital Gain Taxation

Without you taking advantage of the tax deferral benefits of an Arizona 1031 exchange, below is a summary of the four ways Arizona investors will be taxed on the sale of an Arizona investment property:

  1. Depreciation Recapture: Taxpayers will be taxed at a rate of 25% on all depreciation recapture.
  2. Federal Capital Gain Taxes: Investors owe Federal capital gain taxes on the remaining economic gain depending upon their taxable income. Since a new higher capital gain tax rate of 20% has been added to the tax code, investors exceeding the $400,000 taxable income threshold for single filers and married couples filing jointly with over $450,000 in taxable income will be subject to the new higher tax rate. The previous Federal capital gain tax rate of 15% remains for investors below these threshold income amounts.
  3. New Medicare Surtax Pursuant to IRC Section 1411: The Health Care and Education Reconciliation Act added a new 3.8% Medicare Surtax on “net investment income.” This 3.8% Medicare surtax applies to taxpayers with “net investment income” who exceed threshold income amounts of $200,000 for single filers and $250,000 for married couples filing jointly. Pursuant to IRC Section 1411, “net investment income” includes interest, dividends, capital gains, retirement income and income from partnerships (as well as other forms of “unearned income”).
  4. State Taxes: Taxpayers must also take into account the applicable Arizona state tax, to determine their total tax owed. Some states have no state taxes at all, while other states, like Arizona, have a tax rate to account for.

Snapshot of Recent Federal Capital Gain Tax Rates

Single Taxpayer

Married Filing Jointly

Capital Gain
Tax Rate

Section 1411
Medicare Surtax

Tax Rate

$0 – $36,250

$0 – $72,500




$36,250 – $200,000

$72,500 – $250,000




$200,000 – $400,000

$250,000 – $450,000









*The 3.8% Medicare surtax only applies to “net investment income” as defined in IRC §1411.

1031 Exchanges Help Arizona Investors Defer the New 3.8% Medicare Surtax

Under recently proposed regulations, REG-130507-11, taxpayers have received proposed guidance from the IRS that notes: “to the extent gain from a like-kind exchange is not recognized for income tax purposes under Section 1031, it is not recognized for purposes of determining net investment income under Section 1411.” [§1.1411-5(C)(i)(2)(ii)]. Although these regulations are not yet finalized, taxpayers may rely on the proposed regulations to be in compliance with Section 1411 until the effective date of the final regulations.

Despite these new tax increases, one aspect of the tax code provides real estate investors with a huge tax advantage. Section 1031 allows property owners holding property for investment purposes to defer taxes that would otherwise be recognized upon the sale of investment property. Savvy investors use 1031 exchanges to redeploy their investment capital into better performing investment properties. An exchange provides a fantastic opportunity for investment property owners to defer all capital gain taxes that would otherwise be owed.

For more information on the New Capital Gain Taxes, call us. Please feel free to contact us and we can provide you with additional Arizona 1031 Exchange information to guide you through the Investors Defer process in AZ. We look forward to hearing from you and working with you soon!

Our best,
Carl Pepper, Realtors®
Tucson: (520) 822-6575
Phoenix: (480) 382-9191

Featured potential 1031 Tax Exchange Listing: 7261 Ventana Canyon Drive Tucson, AZ 85750


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