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6 Smart Ways to Avoid Paying Taxes on Stocks (Legally!)

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Avoiding capital gains tax on stocks doesn’t have to be difficult. Here are 7 ways to reduce your taxes, from simple to complex, for all types of investors. Last updated:October 22, 2024 XMinute Read.

If you’re one of the 2062 percent of Americans who have money invested in the stock market, your shares have probably been worth more for years. Stock appreciation creates value for you as an investor but also results in new responsibilities.

When you sell appreciated stock, you pay a federal tax on the gains, called capital gains tax. As of 2024, you pay anywhere from 0% to 20% in capital gains taxes when you sell appreciated stock, and typically even more if you’ve only held the stock for a short time.

Many people rely on investments to build retirement, supplement their income, and build wealth, so they naturally want to minimize the impact of capital gains taxes on their transactions. How?.

There are several key strategies (some very easy) to avoid unnecessary capital gains taxes. We’ll start with the easiest and work our way down to the more strategy-intensive options:

Please keep in mind that the information in this article is only meant to teach you. It should not be taken as legal or tax advice. This information is general in nature and is not intended to serve as the primary or sole basis for investment or tax-planning decisions.

Let’s face it – nobody enjoys paying taxes, especially on hard-earned investment gains. If you’ve watched your stocks grow and don’t want the IRS taking a big chunk when you sell, you’re not alone! I’ve spent years learning the ins and outs of investment taxes, and I’m excited to share some totally legit strategies that can help you keep more of your stock market profits.

These ways to lower your taxes could save you thousands, no matter how much experience you have as an investor or how new you are to it. Let’s look at some legal ways you can lower or even get rid of capital gains taxes on your stocks!

Understanding How Stock Taxes Work First

Before we talk about ways to avoid paying taxes, you should know what you’re taxed on when you sell stocks.

When you sell a stock for more than you paid for it, that profit is called a capital gain The federal government taxes these gains differently depending on how long you owned the asset

  • Short-term capital gains: For stocks held 1 year or less – taxed at your ordinary income rate (up to 37%!)
  • Long-term capital gains: For stocks held longer than 1 year – taxed at 0%, 15%, or 20% depending on your income
  • Additional tax: High-income earners may also face a 3.8% net investment income tax

Understanding this timing difference is crucial because short-term gains are almost always taxed much higher than long-term gains. Now let’s get into the strategies!

Strategy #1: Hold Stocks for More Than a Year

If you hold on to your stocks for more than a year before selling them, you can easily lower your tax bill. This one move can drastically lower your tax rate, bringing it down from as high as 337 percent to a maximum of 2020 percent for most investors.

For instance, if you’re in the 22nd percentile for ordinary income taxes and have a $10,000 profit on stocks:

  • Sell before one year: Pay $3,200 in taxes
  • Sell after one year: Pay $1,500 in taxes (at 15% long-term rate)
  • That’s $1,700 saved just by waiting!

As Joe Curtin, head of Portfolio Management at Merrill Lynch, points out: “Even a 20% tax may be a small price to pay for success. You can celebrate keeping the 80%.”

Strategy #2: Spread Sales Across Tax Years

If you need to sell a significant position consider spreading the sale across multiple tax years. This can prevent a one-time spike in income that might push you into a higher tax bracket.

For instance, instead of selling $90,000 worth of appreciated stock all at once, you might:

  • Sell $30,000 at the end of 2025
  • Another $30,000 in early 2026
  • The final $30,000 in early 2027

This way, you spread the capital gains across three tax years while completing your sale in just over 12 months.

But remember what Jonathon McLaughlin, an investment strategist for Bank of America, warns: “By waiting to sell, you risk having the stock price fall, reducing your potential gain. The advantages of holding on to those assets may not outweigh the benefits of selling immediately, even if it comes with a greater tax bill now.”

Strategy #3: Manage Your Tax Bracket Strategically

This is where timing gets really strategic. At the lowest income levels, the capital gains tax rate is 0%! That means no federal income taxes on your gains (though state taxes may still apply).

For married couples filing jointly in 2025, the maximum taxable income to qualify for the 0% rate is $96,700. If you’re retired or between jobs, you might be in a lower tax bracket, creating a perfect opportunity to sell appreciated stocks with minimal tax consequences.

Similarly, managing your income to stay under $600,050 (for married filing jointly in 2025) helps you avoid jumping from the 15% to the 20% capital gains rate.

Strategy #4: Harvest Tax Losses to Offset Gains

One of my favorite strategies is called tax-loss harvesting. Here’s how it works:

If some stocks in your portfolio have gone up while others have gone down, you can sell the losers to realize those losses, which can then offset the gains from selling your winners.

For example:

  • You sell Stock A for a $10,000 gain
  • You sell Stock B for a $7,000 loss
  • You only pay taxes on the net $3,000 gain!

Even better, if your losses exceed your gains in a given year, you can deduct up to $3,000 of those excess losses from your ordinary income. Any unused losses can be carried forward to future tax years.

But watch out! If you want to rebuy that losing stock, make sure to wait at least 31 days before repurchasing. Otherwise, the “wash-sale rule” kicks in, and you won’t be able to claim the loss.

Strategy #5: Use Tax-Advantaged Accounts Wisely

One of the best ways to avoid paying taxes on stock gains is to keep them in tax-advantaged accounts like:

Traditional IRAs and 401(k)s

When you sell appreciated stocks within these accounts, you’ll face no immediate taxes. However, you’ll eventually pay ordinary income taxes on all withdrawals during retirement.

Roth IRAs and Roth 401(k)s

These accounts offer the ultimate tax advantage – qualified withdrawals in retirement are completely tax-free! That means all your stock gains can grow and be withdrawn without any federal taxes.

I personally love keeping my most aggressive growth stocks in my Roth IRA, since those potential large gains will never be taxed if I follow the rules.

Strategy #6: Give Appreciated Stocks to Charity

If you’re charitably inclined, donating appreciated stocks instead of cash is incredibly tax-efficient. When you donate stocks you’ve held for more than a year:

  1. You avoid paying capital gains taxes completely
  2. You can deduct the full fair market value of the stock (subject to income limitations)
  3. You can use the cash you would have donated to repurchase the same stock, giving you a higher cost basis

A donor-advised fund can be particularly useful here – you get the tax benefits upfront while having the flexibility to distribute the money to charities over time.

What About Special Situations?

Primary Home Sales

While not stocks, it’s worth noting that when you sell your primary residence, you may exclude up to $500,000 in capital gains from taxes if you’re married filing jointly ($250,000 for singles). This is one of the biggest tax breaks available!

Mutual Funds Have Special Considerations

Mutual funds can create tax headaches because they distribute capital gains to shareholders even if you don’t sell your shares. These distributions are taxable in the year received.

To minimize these surprise tax bills:

  • Consider exchange-traded funds (ETFs) which typically have lower capital gains distributions
  • Hold actively managed mutual funds in tax-deferred accounts when possible

Estate Planning Considerations

When you leave stocks to beneficiaries in your will, they receive a “stepped-up basis” to the fair market value on your date of death. This means all the appreciation during your lifetime escapes capital gains tax!

However, if you gift appreciated stocks during your lifetime, the recipient takes your original cost basis, preserving the potential capital gains tax liability.

Strategies That Don’t Work (Don’t Be Fooled!)

Some misconceptions about avoiding stock taxes persist:

Reinvesting Dividends Doesn’t Eliminate Taxes

When you reinvest dividends, you still owe taxes on those dividends in the year they’re paid. Reinvestment just increases your cost basis for future sales.

“Like-Kind” Exchanges Don’t Apply to Stocks

While real estate investors can use 1031 exchanges to defer gains, this strategy isn’t available for stocks and securities.

My Final Thoughts

Remember, the goal shouldn’t be to avoid taxes at all costs – it should be to make smart investment decisions that happen to minimize taxes along the way. As the National Wealth Strategies team at Merrill notes, “Any actions you may take should be based on your specific situation and needs rather than your desire to sidestep income taxes.”

I’ve implemented many of these strategies myself and have saved thousands in taxes over the years. My favorite approaches are:

  1. Holding for long-term gains whenever possible
  2. Strategic tax-loss harvesting
  3. Maximizing Roth accounts for growth investments

What strategies will work best for you depends on your individual financial situation, tax bracket, and investment goals. I strongly recommend working with a tax professional who can help tailor these approaches to your specific needs.

Quick Tax-Minimization Checklist

Before selling stocks, ask yourself:

  • Have I held this stock for more than one year?
  • Am I in a higher tax bracket this year than I expect to be next year?
  • Do I have losing investments I could sell to offset these gains?
  • Could I donate these shares instead of selling them?
  • Would selling specific lots with higher cost basis reduce my gain?

By being strategic about when and how you sell stocks, you can significantly reduce the tax impact and keep more of your investment returns. Remember, it’s not just about what you earn—it’s about what you keep!

Disclaimer: While these strategies are legal, tax laws change frequently. Always consult with a qualified tax professional before implementing any tax strategy. This article is for informational purposes only and should not be considered tax or investment advice.

Have you tried any of these strategies before? Which ones work best for your situation? I’d love to hear about your experiences in the comments below!

how can you avoid paying taxes on stocks

Benefit #3: You’re exempted from certain rules and can rebalance your portfolio.

In later sections, we’ll take a look at two specific (but slightly more complicated) investing strategies. In one (tax-loss harvesting), you can amplify your tax savings through stock donations. In the other (cost basis resets and open market buying), you can lower your taxes right away and save money over time thanks to a rule exemption that donations make possible.

For savvy investors or those who work with investment advisors, these strategies can deliver a lot of long-term value, so they’re worth exploring.

So how do stock donations work? To donate stock, first check out FreeWill. Our platform modernizes the process and minimizes the amount of back-and-forth needed between you, your broker, and your chosen nonprofit.

Take a look at our guide to stock donations or browse the supported nonprofits on our stock giving tool to learn more.

Benefits of tax-loss harvesting when donating stock

Take tax-loss harvesting a step further and maximize your tax savings by incorporating charitable donations.

Let’s say you already know you want to donate stock to support a nonprofit, avoid capital gains taxes, and/or fine-tune your portfolio. As we’ve seen, there are a few ways you might do this. For some donors, tax-loss harvesting offers the biggest benefits.

Let’s compare the common approaches you might take:

  • Tax-loss harvesting and donating
  • Holding the stock and donating it directly
  • Selling at a loss and then donating cash
  • Selling at a gain and then donating cash

For example, let’s say you bought a $10,000 total stock market ETF whose value has dropped a lot in the last few months. Here’s how each approach would roughly play out for you:

Strategy Taxes Avoided Deduction for Donation Total Tax Savings
Tax-loss harvest and donate $2,890 $12,000 $14,890
Donate the stock directly $740 $11,260 $12,000
Sell at a loss and donate cash $1,225 $7,500 $8,725
Sell at a gain and donate cash -$740 $11,260 $10,520

Let’s take a closer look at how they’d work:

  • In the first choice, you sell the shares that are losing money, which gives you a capital loss (and tax break) of $2,000. This amount will be taken out of your income for the year and put on your taxes. For some earners, you can get up to 2049 percent of the loss back on your tax return. In this case, you could get $1,225 in tax credits. On the same day, you buy $7,500 worth of a different ETF that has a similar makeup and has done about the same in the past. In the next year, these shares will be worth $12,000. That’s a $4,500 capital gain. Your next choice is to give these shares to charity instead of selling them. This will save you about $1,665 in taxes. The initial tax credit of $1,225 and not having to pay these taxes add up to $2,890 in tax savings. By doing everything in this guide, you’ll get three tax benefits: you’ll get to keep your tax loss, you won’t have to pay capital gains taxes on the gifts you give, and you’ll get direct tax breaks for giving. It will save you $1,665 in capital gains tax and give you $1,225 in tax credits for the tax-harvested loss. You can deduct the full $12,000 for the donation.
  • In the second choice, you keep your original $10,000 ETF investment until it gains back its losses and goes up in value to $12,000. If you give this stock away, you could save $740 in capital gains tax on the $2,000 gain. On top of that, you can write off the whole $12,000 as a tax donation to charity.
  • The third choice is to sell your losing ETF and give the money to charity. You can claim the capital loss and get up to $1,225 in tax credits. The holding is sold for $7,500, which is its current cash value. You can claim this amount as a charitable deduction.
  • In the fourth choice, you sell the ETF holding and give the money to charity when it’s worth $12,000. After that, you’ll have to pay $740 in capital gains tax. This would give the charity a total of $11,260, and you would be able to deduct the same amount from your taxes.

Tax-loss harvesting offers a highly beneficial (albeit more complex) way to reduce your tax bill. Adding donations to your list of benefits gives you even more tax breaks and gives more money to charities in your area.

You’re in the best position to identify the right approach for your unique goals, needs, and current performance. The key is to understand your options. Do your research or work with your financial planner or investment advisor if you want to develop a tax-loss harvesting strategy.

And if you want to incorporate charitable giving into your strategy, make sure to save all the necessary documentation for your gifts! You should also understand your repurchasing options after executing a loss-harvesting strategy, as we’ll explain below.

How to AVOID Taxes (Legally) When you SELL Stocks

FAQ

How do I avoid paying taxes when I sell stock?

How can I reduce capital gains taxes?Spread your investment gains over several years. If your investment has done well, you could sell some at the end of 2025, some in 2026, and the rest early in 2027, for example. Manage your tax bracket. Sell shares with the highest cost basis.

How do I avoid paying tax when I sell shares?

13 ways to pay less CGT1) Use your CGT allowance. 2) Give money or assets to your spouse or civil partner. 3) Don’t forget your losses. 4) Deduct your costs. 5) Increase your pension contributions. 6) Use your ISA allowance – each year. 7) Try Bed and ISA. 8) Donate to charity.

Can you invest in stocks without paying taxes?

Do you pay taxes on stocks you don’t sell? No. Even if the value of your stocks goes up, you won’t pay taxes until you sell the stock. You’ll have to pay capital gains tax when you sell a stock that has gone up in value and made you money.

How long do I need to hold a stock to avoid taxes?

But if you sell a stock that you owned for less than a year, you will usually be taxed at your regular income tax rate on the gain. If you sell assets throughout the year, it’s important to accurately maintain those records so you can properly report and pay taxes on your gains.

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