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Exclusions on Home Sales

Navigating Tax Complexities
December 6, 2023 by
Exclusions on Home Sales
Michelle Barrera CPA, Michelle Barrera

Introduction

Selling a home is a significant financial decision that comes with its own set of complexities, especially when it comes to tax implications. One of the most intricate aspects to understand is the IRS's partial exclusion rule for gains on home sales. This blog post aims to guide you through the maze of regulations surrounding this topic and help you determine if you qualify for a partial exclusion.

Ownership and Use Tests

Before diving into the complexities of partial exclusion, it's essential to understand the basic IRS requirements for excluding gains from the sale of your primary residence. The IRS mandates two primary tests:

  1. Ownership Test: You must have owned the home for at least 2 years (24 months) within the last 5 years leading up to the date of sale.
  2. Use Test: You must have lived in the home as your primary residence for at least 2 years (24 months) within the last 5 years leading up to the date of sale.

Meeting both these tests makes you eligible for a full exclusion of up to $250,000 if you're single or $500,000 if you're married and filing jointly.

The 5-Year Look-Back Period

The IRS allows you to look back 5 years from the date of the sale to meet the ownership and use tests. For example, if you sold your home on July 31, 2023, you could look back to July 31, 2018, to meet these tests. This look-back period is crucial for determining your eligibility for full or partial exclusion.

Calculating Partial Exclusion

If you meet the ownership and use tests but have lived in the home for less than the full 5-year look-back period, you may still qualify for a partial exclusion. The formula for calculating this is:

Partial Exclusion = (Months of Qualifying Use 24) × Full Exclusion Amount Partial Exclusion = (24 Months of Qualifying Use​) ×Full Exclusion Amount

Case Study: A Real-World Example

Let's consider a hypothetical case similar to a real-world scenario. John and Jane Doe bought a home on September 30, 2014. They lived in it as their primary residence until December 2019. After that, they converted it into a rental property and sold it on July 31, 2023.

Using the formula above, they would be eligible for a partial exclusion of approximately $1,291,667, making a significant portion of their gains tax-free.

Disqualifying Factors

While the partial exclusion can offer substantial tax benefits, certain conditions can disqualify you:

  1. If you excluded gain from another home sale within 2 years prior to this sale.
  2. If the home was acquired through a like-kind exchange within the past 5 years.

Reporting and Documentation

To claim the partial exclusion, you'll need to report the sale on IRS Form 8949 and Schedule D (Form 1040). If you qualify for the partial exclusion, additional forms like Form 1040, Schedule D, and Form 8949 will also be necessary.

Consulting with a Tax Professional

Given the intricate nature of tax laws and the high stakes involved in selling a property, it's always advisable to consult a trusted tax professional, like Michelle Barrera CPA. We can provide personalized guidance tailored to your specific situation, ensuring you meet all IRS requirements and maximize your financial benefits.

Conclusion

Understanding the IRS's partial exclusion rule can save you a significant amount in taxes when selling a home. However, the rules are intricate and require careful consideration. Always consult a tax professional to ensure you're meeting all the requirements and maximizing your benefits.

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Exclusions on Home Sales
Michelle Barrera CPA, Michelle Barrera December 6, 2023
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