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Computing capital gains on home sale
What's
the best tax break available to Jane and John Q. Public? If they're homeowners,
it's selling their house.
Homeowners already know the
many tax breaks that Uncle Sam offers, most notably mortgage interest and property tax deductions.
Well, he also has good tax news for home sellers: Most of them won't owe the Internal
Revenue Service a single dime.
When you sell your primary
residence, you can make up to $250,000 in profit if you're a single owner, twice
that if you're married, and not owe any capital gains taxes.
"Most
people are not going to have a tax obligation unless their gain is huge,"
says Bob Trinz, a senior tax analyst at RIA, which provides tax information and
software to tax professionals.
Some sellers are surprised by
this break, especially if they've been in their homes for a while. That's because
before May 7, 1997, the only way you could avoid paying taxes on your home-sale
profit was to use the money to buy another, more-expensive house within two years.
Sellers age 55 or older had one other option. They could take a once-in-a-lifetime
tax exemption of up to $125,000 in profits. And in all instances, there was tax
paperwork (Form 2119) to fill out to show that you followed the rules.
But
when the Taxpayer Relief Act of 1997 became law, the home-sale tax burden eased
for millions of residential taxpayers. The rollover or once-in-a-lifetime options
were replaced with the current per-sale exclusion amounts.
"There
is some logic to this law change because most people under the prior rules didn't
recognize a taxable gain because they rolled it over into another residence,"
says Trinz. "The change essentially makes it easier to dispose of your residence."
Still
some requirements to meet
If you used pre-1997 rules for residential
sales, don't worry. That doesn't disqualify you from claiming the exclusion on
any residential sales now. The law change applies to all sales since it took effect.
Another
bonus of the new rules: You don't have to buy another home with your sale proceeds.
You can use the money to travel to Europe in style, buy an RV and drive across
the country or get all those designer shoes you never could afford before.
Even
better, there's no limit on the number of times you can use the home-sale exemption.
In most cases, you can make tax-free profits of $250,000 (or $500,000 depending
on your filing status) every time you sell a home.
Ah, but
we are talking taxes here. You did notice that phrase "in most cases,"
didn't you? Before you put a "For Sale" sign in the yard, you need to
make sure your house-sale situation is one of those "most cases."
First,
the property you're selling must be your principal residence. That means you live
in it. This tax break doesn't apply to a house or other property that you have
solely for investment purposes. In those cases, the usual capital gains rules
apply.
You can, however, turn a rental house into your primary
residence, making the sale of it eligible for the exclusion. This is accomplished
when you meet the IRS use and ownership tests: You own and live in the home for
two out of the five years before the sale.
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