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A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.
Any year that you have to report a capital asset transaction, youll need to prepare Form 8949 before filling out Schedule D unless an exception applies.
Use Schedule D for the following purposes. To figure the overall gain or (loss) from transactions reported on Form 8949. To report a gain from Form 6252 or Part I of Form 4797. To report a gain or (loss) from Form 4684, 6781, or 8824.
Youll have to file a Schedule D form if you realized any capital gains or losses from your investments in taxable accounts. That is, if you sold an asset in a taxable account, youll need to file. Investments include stocks, ETFs, mutual funds, bonds, options, real estate, futures, cryptocurrency and more.
You and your spouse may list your transactions on separate forms or you may combine them. However, you must include on your Schedule D the totals from all Forms 8949 for both you and your spouse. Corporations and partnerships.

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Use Schedule D (Form 1040) to report the following: The sale or exchange of a capital asset not reported on another form or schedule. Gains from involuntary conversions (other than from casualty or theft) of capital assets not held for business or profit.
Instead of completing Form 8949, you can submit a substitute statement. Your substitute statement should be formatted similarly to the Form 8949 itself. First, create or collect the substitute statement(s) you want to attach to the return.
What you may not realize, is that youll need to report every transaction on an IRS Form 8949 in addition to a Schedule D. And if you sold stocks for less than you paid for them , you need to report those losses too. Otherwise, youll be passing up opportunities to save some money in tax.

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