Property (Basis, Sale of Home, etc.)
This is archived information that pertains only to the 2002 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
I sold my home last year. Do I have to report the sale?
Report the sale of your main home on your tax return only if you have a gain and at least part of it is taxable. Report any taxable gain on Form 1040, Schedule D (PDF), Capital Gains and Losses. Form 2119, Sale of Your Home is obsolete beginning in 1998. For more information, refer to Publication 523 (PDF), Selling Your Home.
References: I sold my principal residence this year. What form do I need to file?
If you meet the ownership and use tests, you will generally only need to report the sale of your home if your gain is more than $250,000 ($500,000 if married filing a joint return). This means that during the 5-year period ending on the date of the sale, you must have: - Owned the home for at least 2 years (the ownership test), and
- Lived in the home as your main home for at least 2 years (the use test).
If you owned and lived in the property as your main home for less than 2 years, you may still be able to claim an exclusion in some cases. The maximum amount you can exclude will be reduced. If you are required to report a gain, it is reported on Form 1040, Schedule D (PDF), Capital Gains and Losses.
For additional information on selling your home, refer to Publication 523 (PDF), Selling Your Home.
References: If I sell my home and use the money I receive to pay off the mortgage, do I have to pay taxes on that money?
It is not the money you receive for the sale of your home, but the amount of gain on the sale over your cost, or basis, that determines whether you will have to include any proceeds as taxable income on your return. You may be able to exclude any gain from income up to a limit of $250,000 ($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.
For additional information on selling your home, refer to Publication 523 (PDF), Selling Your Home.
References: If I take the exclusion of capital gain tax on the sale of my old home this year, can I also take the exclusion again if I sell my new home in the future?
With the exception of the 2-year waiting period, there is no limit on the number of times you can exclude the gain on the sale of your principle residence so long as you meet the ownership and use tests.
References: What is the amount of capital gains from the sale of a home that can be excluded if sold in less than the two year waiting period?
If you owned and lived in the property as your main home for less than 2 years, you may still be able to claim an exclusion in some cases. The maximum amount you can exclude will be reduced.
You can claim this reduced exclusion if either of the following is true.
You did not meet the ownership and use tests on a home you sold due to:
- a change in health
- a change in place of employment
- to the extent provided by regulations, unforeseen circumstances. (see below)
Your exclusion would have been disallowed because of the rule on selling more than one home in a two year period, except you sold the home due to:
- a change in health
- a change in place of employment
- to the extent provided by regulations, unforeseen circumstances. (see below)
Use the worksheet in Publication 523 (PDF), Selling Your Home, to figure your reduced exclusion.
The IRS has not as yet issued regulations defining unforseen circumstances. You cannot claim an exclusion based on unforeseen circumstances until the IRS issues final regulations or appropriate guidelines.
Refer to Reduced Maximum Exclusion and Special Situations in Publication 523 (PDF), Selling Your Home.
References: I lived in a home as my principal residence for the first 2 of the last 5 years. For the last 3 years, the home was a rental property before selling it. Can I still avoid the capital gains tax and, if so, how should I deal with the depreciation I took while it was rented out?
If, during the 5-year period ending on the date of sale, you owned the home for at least 2 years and lived in it as your main home for at least 2 years, you can exclude up to $250,000 of the gain ($500,000 on a joint return in most cases). However, you cannot exclude the portion of the gain equal to depreciation allowed or allowable for periods after May 6, 1997. Since you cannot exclude all of the gain, report the entire gain realized on Form 1040, Schedule D (PDF) line 8. Report the amount of exclusion you qualify for on the line directly below the line on which you report the gain. Write Section 121 exclusion in column (a) of that line and show the amount of the exclusion in column (f) as a loss (in parentheses).
For additional information on selling your home, refer to Publication 523 (PDF), Selling Your Home.
References: 10.4 Captial Gains, Losses/Sale of Home: Losses (Homes, Stocks, Other Property) Is the loss on the sale of your home deductible?
The loss on the sale of a personal residence is a nondeductible personal loss.
References: As a result of a bankruptcy, the bank foreclosed on my house. Can you tell me where and how to report this loss on my taxes?
The foreclosure or repossession is treated as a sale or exchange from which you, the borrower, may realize gain or loss. However, if you realize a loss on personal use property, such as your residence, the loss is not deductible. Refer to Publication 544 (PDF), Sales and other Dispositions of Assets, and Publication 908 (PDF), Bankruptcy Tax Guide, for more information.
References: 11.1 Sale or Trade of Business, Depreciation, Rentals: Depreciation & Recapture I have a home office. Can I deduct expenses like mortgage, utilities, etc., but not deduct depreciation so that when I sell this house, the basis won't be affected?
If you have qualified business use of your home and enough gross income from that business use to that entitle you to a depreciation deduction, you are required to reduce your basis in the home by the amount of depreciation allowed (deducted) or allowable (could have been deducted).
Whether you choose to deduct the depreciation on your current return(s) will not matter. For tax purposes, you will still be treated as if you had taken the allowable deduction, and your basis will have to be reduced. For more information, refer to Publication 946 (PDF), How to Depreciate Property, Publication 544 (PDF), Sales and Other Dispositions of Assets, and Publication 587 (PDF), Business Use of Your Home.
References: 11.4 Sale or Trade of Business, Depreciation, Rentals: Sales, Trades, Exchanges Can we move into our rental property, live there as our main home for two years, and sell it without having to pay capital gains tax?
You may be able to exclude your gain from the sale of your main home that you have also used for business or to produce rental income if you meet the ownership and use tests, detailed in Publication 523 (PDF), Sale of Your Home.
However, if you were entitled to take depreciation deductions because you used your home for business purposes or as rental property, you cannot exclude the part of your gain equal to any depreciation allowed or allowable as a deduction for periods after May 6, 1997. (Note: If you can show by adequate records or other evidence that the depreciation deduction allowed (did deduct) was less than the amount allowable (could have deducted), the amount you cannot exclude is the smaller of those two figures.)
The gain, exclusion, and depreciation recapture should be reported on Form 1040, Schedule D (PDF), Capital Gains and Losses, as described in Publication 523 (PDF), Selling Your Home.
References:
Tax Topics & FAQs | 2002 Tax Year Archives | Tax Help Archives | Home
|
