One of the biggest tax benefits available today is the
exclusion of gains when you sell your qualified home. Here is what you need
to know.
The tax benefit explained
For those who
qualify, a married couple can exclude up to $500,000 ($250,000 for
unmarried taxpayers) in capital gains from the sale of your principal
residence. This exclusion can be taken once every two years as long as you
pass two tests; a two-years out of five residency test and an ownership
test before you sell the property.
Special situations can cause complications
Often tax
planning is required to ensure you maximize this tax benefit. Here are some
situations that require a review prior to selling your home.
Ownership and principal residency tests
met using different years. As long as the two-year requirement is met for both tests
you can take the deduction. It does not matter that you use different years
for each test. The most common example of this occurs when you rent a home
or condo and then buy it later.
Life events complicate things. Marriage, divorce, and
death are common life-events that require planning to maximize the gain
exclusion tax benefit. For example, you can take advantage of the full
$500,000 gain exclusion after the death of a spouse, but usually only
during the time you are able to file a joint tax return.
Selling a second home requires planning. While you can use the
gain exclusion every two years, you need to be careful with a second home.
You may be able to plan your living arrangements to make each home a
primary residence during different tax years to meet the two-year
requirement for both properties. This means you need to determine your
primary residence each year with good record keeping in case you are
audited.
Business use of your home. You will need to
adjust your home basis (cost) for any business activity and depreciation of
your home. This can create a depreciation recapture tax event when you sell
your home.
A partial gain exemption is possible. There are exceptions
to the two-year tests when certain events occur. The normal exceptions
include a required move for work, health reasons, or unforeseen
circumstances. Since the IRS definition of each is vague, you should review
your options if you are required to move.
Record keeping matters. Be prepared to
document the gain on your property and how you meet the residency and
ownership tests. Please keep all documents relating to the purchase and
sale of your property. Save any receipts that document improvements to your
home. Also keep an accurate record to support your claim of principal
residence if you own a second home.
Given the
potential for tax savings, please ask for help before selling your home or
vacation property.
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