Los Angeles · California

Defer Capital Gains Tax on a Sale in Los Angeles

LA's decades of appreciation are a blessing until you sell, then federal capital gains, depreciation recapture, the 3.8% surtax, and California's 13.3% can take a third of your gain in one year. Here's how to spread it.

Hans Goldstein, NPN 20602398

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📞 Hans Goldstein · 213-290-4977 · CA Insurance License #4322192 · Independent §453 specialist · Goldstein & Co. LLC

Los Angeles property owners are sitting on enormous gains, a duplex in Silver Lake, a fourplex in the Valley, a commercial building on the Westside, a long-held rental in Pasadena or Santa Monica. When you sell, the tax can be staggering, and LA's tightening rent rules have a lot of owners ready to get out. Here's how to exit without handing a third of your equity to the government.

Why LA owners feel the squeeze

Two things collide: massive appreciation (huge unrealized gains) and a landlording climate, rent control, AB 1482, and tenant protections, that's pushing many owners to sell. But a one-year sale stacks federal capital gains (up to 20%), depreciation recapture, the 3.8% NIIT, and California's ordinary-income rate (up to 13.3%). California gives capital gains no preferential rate.

The structured installment sale solution

A §453 structured installment sale lets you sell, a rental, a commercial building, a business, an appreciated position, and receive the proceeds over future years, recognizing the gain (and paying the tax) gradually. The result: more of the gain in lower brackets, a softer 3.8% surtax, and guaranteed income from an A-rated carrier. And unlike a 1031, you don't have to buy another LA property and keep managing it.

Fits LA sellers who:
  • Want out of rent-controlled landlording entirely.
  • Are selling a long-held building, business, or concentrated position.
  • Can't find, or don't want, a 1031 replacement property.

The takeaway

An LA sale is likely the biggest financial event of your life. Between federal tax, recapture, and California's 13.3%, the one-year hit can be brutal, but it's plannable. Run your numbers and set the structure before you list or sign.

Frequently asked questions

How much capital gains tax will I pay selling property in Los Angeles?

Federal capital gains up to 20%, plus the 3.8% NIIT, plus depreciation recapture, plus California tax up to 13.3% (no preferential rate for capital gains). On a large LA gain the combined bite can approach a third.

Can I defer capital gains on a Los Angeles rental or business sale?

Yes. A §453 structured installment sale spreads the proceeds and the gain over several years, keeping more in lower brackets, and unlike a 1031, you don't need to buy a replacement property.

I want out of rent-controlled landlording in LA. What are my options?

A structured installment sale lets you sell and exit landlording entirely while deferring the gain over years and receiving guaranteed income, rather than doing a 1031 that keeps you owning property.

Is a structured installment sale better than a 1031 exchange for an LA seller?

It depends on your goal. A 1031 fits if you want to keep owning real estate and can meet the deadlines. A structured installment sale fits if you want to exit, are selling a business or stock, or can't find a replacement property.

How do I find out how much I'd save on an LA sale?

Use the free capital gains tax calculator to estimate your number, or call 213-340-2018 to run your specific Los Angeles situation before you sign anything.

Thinking about a big sale?

Before you sign anything, run your numbers with someone who structures the deal to be tax-smart and audit-ready from day one.

Call 213-340-2018 Run the Numbers →