Selling Your Investment Real Estate in Texas — Defer the Capital Gain
If you're selling a real estate in Texas, the tax math depends heavily on your state's capital-gains treatment. Texas's top LTCG rate is 0% — combined with federal 23.8% (20% LTCG + 3.8% NIIT), a lump-sum sale gives back 23.8% of your gain in year one. IRC §453 structured installment sale spreads the gain across the payment schedule, keeping you in lower brackets each year.
Buyer cash → Assignment Co. → A-rated carrier → You, on schedule
This page covers the real estate sale in Texas specifically. For the general framework see the real estate guide or the §453 SIS basics.
The math — $4M sale, 20-year hold, Texas resident
The §453 spread captures roughly the difference between these two numbers — typically 8-12 percentage points of the gain depending on your specific deal economics and Texas's bracket structure.
Texas-specific tax wrinkle
Texas has no state income tax, but federal LTCG + NIIT still apply. §453 still keeps you in lower federal brackets per year and preserves other deductions.
The Texas real estate market
Texas commercial real estate has been the fastest-growing market in the country 2018-2024. Houston, DFW, Austin, San Antonio all active. No state income tax + no inheritance tax. TX has no §1031 boot exception, so §453 on the boot portion (when partial 1031 + cash) is straightforward.
Texas buyers and consolidators
The active acquirers buying real estates in Texas: Institutional REITs, family offices, 1031 buyers (avoid if you're exiting RE entirely). These institutional buyers' M&A counsel are familiar with the §453 mechanic — papering the assignment at closing is standard.
Real Estate-specific §453 wrinkle (applies in every state)
1031 fully defers if you're staying in RE. §453 is the alternative when you want OUT of the asset class. §1250 unrecaptured depreciation spreads; §1245 on personal property doesn't.
When this fits a Texas seller
- $1.5M+ sale price (carrier minimums on the §453-deferred portion)
- Long hold with meaningful gain (where Texas's 0% state rate stacks on federal)
- Sophisticated buyer whose counsel will paper the §453 assignment
- Texas resident at closing (state residency matters for the state-tax piece)
How I work
Hans Goldstein, IRC §453 specialist. I place §453 structured installment sales through carrier-appointed brokerage relationships with A-rated Fortune 500 companies — all licensed in all 50 states including Texas.
Free 15-minute fit-check call. Bring your Texas sale details (price, basis, prior depreciation if applicable, closing timeline) — I model lump-sum vs §453 against your actual numbers.
Frequently asked
Q: I'm a Texas resident but the property is in another state. Where's the tax? A: Generally the gain is sourced to where the property sits (real estate) or where the seller resides (intangibles). Talk to your CPA on multi-state allocation; §453 mechanic works the same.
Q: I'm planning to move out of Texas before closing. Does that change anything? A: Maybe. Texas's residency tests differ — California's exit tests are aggressive; other states less so. Talk to a state-tax specialist before timing the move.
Q: Does the §453 mechanic differ state-to-state? A: No. §453 is federal. State tax rates determine the size of the savings; the mechanic is identical.
📘 Get the free Seller's Guide to §453 + a fit-check
A plain-English guide for sellers: how a structured installment sale defers the tax when you sell a business, practice, or property — the math, the alternatives, and how to know if your deal fits.
Drop your info — instant PDF download + within 1 business day Hans will email a preliminary read on which structure fits your deal. No retainer. Carrier compensates the broker — not you.
📞 Hans Goldstein · 213-726-0518 · CA Insurance License #4322192 · Independent §453 specialist · Goldstein & Co. LLC
Educational. Not tax or legal advice. Texas tax treatment of §453 generally follows federal — confirm with your CPA.
Run your specific numbers
The calculator runs your sale through real 2026 federal + state tax brackets and shows §453 savings vs lump sum side-by-side.
Run the calculator → 213-726-0518