The tax law allows Individuals to exclude up to $250,000 in profit from the sale of a main home (or $500,000 for a married couple) as long as you have owned the home and lived in the home for a minimum of two years. Those two years do not need to be consecutive. In the 5 years prior to the sale of the house, you need to have lived in the house for at least 24 months in that 5-year period. In other words, the home must have been your principal residence.
You can use this 2-out-of-5 year rule to exclude your profits each time you sell or exchange your main home. Generally, you can claim the exclusion only once every two years. Some exceptions do apply.
There are exceptions to the primary residence exclusion requirements. You can still claim an exclusion, but the maximum amount of gain you can exclude will be reduced, if either of the following is true:
you may qualify for the exception if you change jobs. The new place of employment must be at least 50 miles farther from your home than the former place of employment was. This is known as the "50 mile safe harbor rule".
you can qualify for the exception if the sale of your main home is to obtain, provide, or facilitate the diagnosis, cure, mitigation, or treatment of disease, illness, or injury of a qualified individual.
Qualified individuals include: parents, grandparents, stepparents, children, grandchildren, stepchildren, adopted children, brother, sister, stepbrother, stepsister, half brother, half sister, mother-in-law, father-in-law, uncle, aunt, nice, nephew
A "physician safe harbor" is established if a licensed physician recommends a change of residence for one or more of the above reasons.
The sale of your home is because of an event that you did not anticipate before purchasing and occupying your main home. To qualify you must meet one of the following:
You can exclude a portion of your gain if you are selling your home and lived there less than 2 years and you meet one of the three exceptions. You calculate your partial exclusion based on the amount of time you actually lived in your home. Count the number of months you actually lived in your home. Then divide that number by 24. Then multiply this ratio by $250,000 (if unmarried) or by $500,000 (if married). The result is the amount of gain you can exclude from your taxable income.
You cannot deduct a loss from the sale of your main home.
Just like calculating capital gains, the formula for calculating the gain or loss involves subtracting your cost basis from your selling price.
The formula for calculating your cost basis on your main home is as follows:
And then calculating your profit or loss would be:
Gain or Loss = Selling price - Cost Basis
If the resulting number is positive, you made a profit when you sold your home. If the resulting number is negative, you incurred a loss.
Taxable Gain = Gain - Maximum or partial Exclusion
When you own a primary residence and turn it into a rental property you will be unable to take the same tax deductions as you would if it were a primary residence. If you later decide to change the property ownership from yourself to an LLC - a limited liability company - that will also affect your taxes, on both federal and local level.
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