Nearly 30-Year-Old Capital Gains Tax Exemption Rules Blamed For US Housing Shortage
Nearly 30-Year-Old Capital Gains Tax Exemption Rules Blamed For US Housing Shortage
Authored by Mary Prenon via The Epoch Times (emphasis ours),
With median home prices exceeding $1 million in many U.S. housing markets, some real estate professionals are drawing attention to a 28-year-old capital gains tax law, citing it as one factor contributing to the nationwide housing shortage.
The expansive penthouse terrace of a 4-bedroom, 4.5 bath, 3,619 SF condo in Greenwich Village, Manhattan, listed at $11.9 million. Courtesy of Nest Seekers International, NYC
A recent report from Realtor.com shows that California is home to 8 of the 10 most expensive housing markets in the United States. San Jose tops the list with a median sales price of $2.02 million, followed by Anaheim and San Francisco at $1.45 million and $1.32 million, respectively.
Ken DeLeon, founder of DeLeon Realty in Palo Alto, told The Epoch Times that some communities in the San Francisco Bay Area have experienced skyrocketing home prices, which have jumped 667 percent on average since 1997—the year the Taxpayer Relief Act was signed into law, allowing married homeowners to exclude up to $500,000 in capital gains from the sale of their primary residence, and $250,000 for single homeowners.
“This outdated capital gains law has resulted in an artificially-created housing shortage,” DeLeon said. “A lot of older people who have lived in their homes for 30 years or more want to sell, but the value of those homes has tripled or quadrupled now. Some of these sellers could now be facing capital gains taxes of over $1 million.”
According to a HUD report, the median cost of a single-family home in 1997 was $143,000, compared with $414,000 in April 2025, as reported by the National Association of Realtors.
With the combined federal and state capital gains tax rate now at 37.1 percent in California, potential sellers seeking to avoid elevated tax exposure are choosing instead to remain in their current properties.
As a result, DeLeon said inventory levels have reached historic lows and sellers are stuck in a tax trap.
“We’ve seen more than 57 percent drop in inventory in the Silicon Valley, which means a lot of single people and young families are also stuck in expensive rentals,” he said.
With properties typically listed at $2 million to $5 million in the region, primarily it’s employees from high-paying tech companies such as Apple, Google, Adobe, and Oracle who can afford them, DeLeon said.
“People do want to buy, but listings are scarce. And the housing shortage is driving prices even higher,” he said.
DeLeon contends that the economic ripple effects of the almost three-decade-old tax formula is causing not only fewer home sales, but less revenue from transfer taxes, reset property taxes, and local economic activity.
California is not alone in facing this capital gains crisis. Bianca D’Alessio, a broker with Nest Seekers International in New York City, is seeing a similar situation with her clients, particularly owners of brownstones in the borough of Brooklyn.
“We have older people who may have bought their home 30 years ago for less than…