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Capital Gains Tax |
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Gains Tax |
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Sale of Residence
You may qualify to exclude from your income all or
part of any gain from the sale of your main home. Your
main home is the one in which you live most of the time.
Ownership and Use Tests
To claim the exclusion, you must meet the ownership
and use tests. This means that during the 5-year period
ending on the date of the sale, you must have:
- Owned the home for at least two years (the
ownership test)
- Lived in the home as your main home for at least
two years (the use test)
Gain
If you have a gain from the sale of your main home,
you may be able to exclude up to $250,000 of the gain
from your income ($500,000 on a joint return in most
cases).
- If you can exclude all of the gain, you do not
need to report the sale on your tax return
- If you have gain that cannot be excluded, it is
taxable. Report it on Schedule D (Form 1040)
Loss
You cannot deduct a loss from the sale of your main
home.
More Than One Home
If you have more than one home, you can exclude gain
only from the sale of your main home. You must pay tax
on the gain from selling any other home. If you have two
homes and live in both of them, your main home is
ordinarily the one you live in most of the time.
Example One:
You own and live in a house in the city. You also own a
beach house, which you use during the summer months. The
house in the city is your main home; the beach house is
not.
Example Two:
You own a house, but you live in another house that you
rent. The rented house is your main home.
Business Use or Rental of Home
You may be able to exclude your gain from the sale of a
home that you have used for business or to produce
rental income. But you must meet the ownership and use
tests.
Disclaimer: These are general guidelines and
provided for information only. Other IRS rules may
apply. Consult with your accountant, CPA or tax attorney
for professional advice.
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