B. Moss

Avoid Costly Mistakes: Essential Tax Tips for Land Sellers in Virginia

February 25, 2025

Selling land in Virginia can be a lucrative venture, but with proper knowledge of tax implications, you could retain a significant portion of your profit to unforeseen tax liabilities. This comprehensive guide will walk you through essential tax tips to help you avoid costly mistakes when selling land in Virginia.

Understand the Basics of Capital Gains Tax

When you sell land in Virginia, you will likely incur capital gains tax on the profit you earn from the sale. Capital gains tax is calculated based on the difference between the selling price of your land and your “basis” in the property, which is usually what you paid for it, plus any improvements you made.
For tax purposes, capital gains are categorized as either short-term or long-term. If you owned the land for more than a year before selling, your profit will be subject to long-term capital gains tax, which generally enjoys a lower tax rate than short-term gains (assets held for less than a year).

Tax Tip: Plan the timing of your sale to benefit from lower long-term capital gains tax rates.

Leverage the Benefits of 1031 Exchange

A 1031 exchange, also known as a like-kind exchange, allows landowners to defer paying capital gains taxes on a property if it is exchanged for another similar property. This strategy is beneficial for those looking to reinvest the proceeds from the sale of their land into another investment property.

Tax Tip: Consult with a tax advisor to ensure your transaction qualifies as a 1031 exchange. Proper timing and adherence to IRS rules are crucial to execute this strategy effectively.

Deduct Relevant Expenses

When selling land for cash, certain expenses can be deducted from the total gain for tax purposes. These may include legal fees, real estate agent commissions, and any costs directly related to the sale of the land.

Tax Tip: Keep meticulous records of all expenses related to the sale of your land. These receipts will be invaluable when it comes time to file your taxes and claim deductions.

Consider the Impact of State Taxes

In addition to federal taxes, you will also need to consider state taxes. Virginia has its own set of tax rules concerning the sale of real estate, including land. The state tax rate on capital gains is generally lower than the federal rate but can still be significant.

Tax Tip: Consult with a local tax expert who is familiar with Virginia’s tax laws to minimize your state tax liabilities.

Be Aware of Possible Exemptions

Under certain conditions, you may be eligible for tax exemptions. For example, if you’re selling land that you’ve used for agricultural purposes, you may qualify for specific exemptions under Virginia tax law.

Tax Tip: Research exemptions or consult a tax professional to determine if your land sale qualifies for any special treatment under the law.

Plan for the Net Investment Income Tax

If your income exceeds certain thresholds, you may also be subject to the Net Investment Income Tax (NIIT). NIIT is an additional 3.8% tax on your investment income, which could include the gains from the sale of your land.

Tax Tip: Consider ways to reduce your overall taxable income to avoid or minimize the impact of NIIT.

Sell on Owner Financing to Spread Out Tax Bills

If you’re worried about the tax impact of a sizeable lump-sum gain from the sale of your land, consider selling via seller finance. This method allows you to spread the income—and therefore the taxes—over several years as you receive payments.

Tax Tip: An installment sale can be particularly beneficial if you expect to be in a lower tax bracket in future years.

Keep Up With Changes in Tax Legislation

Tax laws are not static; they can change with shifts in politics and policy. Being unaware of these changes can lead to unexpected tax liabilities or missed opportunities for tax savings.

Tax Tip: Stay informed about current tax laws and upcoming changes that might affect your land sale. Subscribing to newsletters from tax professionals or regularly consulting with your tax advisor could save you from costly mistakes.

Consider Environmental and Zoning Issues

Sometimes, environmental or zoning issues affect the tax implications of selling your land. For example, if parts of your land are classified under conservation or special zoning laws, there may be additional tax benefits or liabilities.

Tax Tip: Before listing your land for sale, check with local zoning and environmental agencies to understand any potential issues or benefits.

Get Professional Help

The complexity of real estate transactions and the significant impact of tax considerations mean that getting professional help is not just beneficial; it’s essential. A tax professional or a real estate attorney who specializes in land sales can provide invaluable advice and ensure you navigate the process smoothly.

Tax Tip: Invest in professional services upfront to save significant amounts of money on your tax bill.

Table of Contents

Selling Concerns

What is the process for selling my land?

Our process is simple and easy. Just fill out our online form or give us a call. We will then schedule a time to view your property and make you an offer.

How much can I sell my land for?

The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer.

How long does it take to sell my land to you?

The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer. We can typically close on a deal within 30 days of receiving your signed contract.

Legal Concerns

What if one of the owners are deceased?

No worries. We are in the business of solving problems. We have worked with this issue on several occasions. Give us a call and we will work closely with you to fill in the appropriate documents to legally sell.

What if I owe a LOT of back taxes or have a lien on my property?

Not an issue. There is still value in your land. We will make you an offer and you will still leave the closing table with funds in your pocket. 

What if I don't have a copy of the deed?

This is not a concern. A deed is a legally recorded document. As long as the property was properly purchased, we can acquire a copy of the deed in the county records.

Closing Concerns

What is a title search and why is it important?

A title search is a process of investigating the ownership history of a property to identify any potential title defects. A title search is important to ensure that the seller has a clear title to the property and can legally sell the land. 

How much will I have to come out of pocket?

You will only leave the closing table with payment for your property. You will not pay for a survey (if one is required) and you will not be responsible for closing costs, which typically is required in a standard sale. We have you covered.

Do I need to be physically present in the city of the property to sell my property?

No, you have the option for an in person closing or a remote closing. You can come in person to the title office to sign the deed and receive payment directly or you can handle the closing remotely in which you will travel to a certified notary to sign necessary documents.

Yes! I'm Ready to Sell My Land

⚠︎ DISCLAIMER:

The contents of this blog are for informational purposes only and should not be taken as legal or tax advice. You should consult a licensed professional for advise on your specific situation. The information in this blog may be changed without notice and is not guaranteed to be complete, correct, or up-to-date. This blog is not intended to be a substitute for professional advice

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