When you sell real estate you've held as an investment, the rate at which you're taxed on the profit from it may vary. Home sales, being a specific type of capital gains, have their own set of rules. Ideally, look for one who specializes in real estate issues. High-dollar tax issues, like real estate capital gains have the potential to be, are closely watched by the IRS, so it’s not only In general, any profit you make from selling a piece of real estate is subject to federal capital gains tax, although the sale of a home is a big exception in most cases. When a real estate sale produces a taxable capital gain, the tax rate you pay depends on two factors: how long you owned the property and your income tax bracket.