As your life changes, so does the set of tax rules that affect you. Read about new tax opportunities to embrace and pitfalls
to avoid as your life changes.
If you are selling your primary home, the tax law allows you a very generous exclusion for the profit you have made. In
fact, most home sales escape taxation altogether. So when you sell your home, you'll probably find packing up and unpacking
in your new home to be a much harder task than calculating your income tax bill from the sale. There's a good chance, in fact,
that you won't even have to report the transaction to the IRS.
How do I calculate my profit?
From the sales proceeds, you subtract your adjusted tax basis in the home to determine your profit or loss. Your adjusted
basis is basically the original cost of the home plus the cost of capital improvements you've made, such as a new roof, a
remodeled kitchen, a swimming pool, or central air conditioning. If you sold a home before mid-1997 and rolled over profit
from that sale in the home you just sold, your basis is reduced by the amount of that untaxed profit.
How much gain can I exclude?
You can treat as tax-free up to $500,000 of the profit from the sale if you're married filing jointly or up to $250,000
if you're single. (If you sold for a loss, though, you cannot take a deduction for the loss.) You can use this exclusion every
time you sell your primary home, as long as you own and live in the home for two years and haven't sold another home in the
last two years. If the home-sale exclusion doesn't wipe out all your profit, the excess gain is reported on Schedule D with
your other capital gains and losses.
How do I qualify to claim the home-sale exclusion?
There are three tests you must meet in order to exclude the gain from the sale of your main home:
Ownership: You must have owned the home you are selling for at least two years (730 days or 24 full months)
during the five years prior to the date of your sale.
Use: You must have used the home you are selling as your principal residence for at least two of the five
years prior to the date of sale.
Timing: You have not excluded the gain on the sale of another home within two years prior to this sale.
Also, if you are married,
- You must file a joint return.
- You or your spouse, or both of you must own the house for the requisite time.
- You and your spouse must have lived in the house for the requisite time.
What if I don't fully satisfy all the tests for the exclusion?
If you don't meet the ownership or use tests, your gain generally is taxed as short-term or long-term capital gain, depending
on whether you owned the home for less or more than one year, respectively. But there's a special rule that allows you to
use a portion of the $250,000 or $500,000 exclusion if you needed to sell your home because of a change of employment, a change
of health or because of other unforeseen circumstances.
Some unforeseen circumstances that the IRS recognizes include:
- Divorce
- Multiple births from the same pregnancy
- Broken engagement of a couple who jointly bought a home
For example, assume you are single and sold your primary home one year after you bought it due to a job change. Say your
profit was $30,000. Since you lived there for one-half the requisite period, you are entitled to claim half of the $250,000
exclusion, or $125,000. Thus, none of your $30,000 profit is taxed.
Do I have to report the home sale on my return?
You generally do not need to report your home sale on your income tax return, as long as you did not receive a Form 1099-S,
Proceeds from Real Estate Transactions, from the real estate closing agent (that is, a title company, real estate broker,
or mortgage company). To avoid getting this form, you must certify that you meet the ownership, use and timing tests we noted
earlier.
The tax code has long favored home ownership by providing generous tax benefits to taxpayers
who own homes. The most significant tax benefit typically involves the sale of your home.
You can get a partial exclusion based on the percentage of the two-year period that the
ownership and use requirements are met, provided the sale is due to:
- A change in employment. There is a safe harbor rule that assumes a change
in employment is the primary reason for your move if your new job is more than 50 miles farther from the home you sold than
your prior job. The change in employment can apply to anyone who lives in the household.
- Health reasons. This includes moving to help care for a sick family member
or to obtain medical care for a disease, illness, or injury.
- Unforeseen circumstances. The IRS has indicated that unforeseen
circumstances can include divorce, death, multiple births from the same pregnancy, becoming eligible for unemployment compensation,
a change in employment status making you unable to pay household costs, damage to your home from a natural or man-made disaster
or from an act of war or terrorism, and the condemnation or seizure of the property.
For instance, assume you and your spouse purchased a home for $300,000 and sold it for $350,000
a year later due to a job change. Since you lived in the house for one of the two years required, you could exclude gains
up to 50 percent of the maximum exclusion, or $250,000. Thus, your entire $50,000 gain would be excluded from taxes.
The IRS has also indicated that you don't have to allocate the gain between home and business use (including
a home office or rental of a portion of your home) when selling your home, as long as the portion used for business is part
of your main dwelling unit. Thus, all of your gain is eligible for exclusion.
If the business
use portion is separate from your main dwelling unit, such as a converted detached garage, then you must allocate between
business and home usage. In all cases, you still have to pay taxes on the portion of the gain related to post-May 6, 1997
depreciation deductions. That gain is taxed as unrecaptured Section 1250 gain, subject to a maximum tax rate of 25 percent.