Keyword: Main Home Sale
This is archived information that pertains only to the 2003 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
10.1 Capital Gains, Losses/Sale of Home: Property (Basis, Sale of Home, etc.)
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, or you have a gain and choose not
to exclude it. 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of Your Home is obsolete beginning in 1998.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, 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 or choose to report
a gain, it is reported on Form 1040, Schedule D (PDF), Capital
Gains and Losses .
If you were on qualified extended duty in th U.S. Armed Services or the
Foreign Service you may suspend the five-year test period for up to 10 years.
You are on qualified extended duty when:
At a duty station that is at least 50 miles from the residence sold, or
When residing under orders in government housing, for more than 90 days
or for an indefinite period.
This change applies to home sales after May 6, 1997. You may use this provision
for only one property at a time and one sale every two years.
For additional information on selling your home, refer to Publication 523, 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, 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.
(1) You did not meet the ownership and use tests on a home you sold due
to:
. health reasons
. a change in place of employment
. to the extent provided by regulations, unforeseen circumstances. (see
below)
(2) 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:
. health reasons
. a change in place of employment
. to the extent provided by regulations, unforeseen circumstances. (see
below)
Use the worksheet in Publication 523, Selling Your Home, to
figure your reduced exclusion.
The IRS has issued temporary regulations. These regulations provide guidelines
for taxpayers with reduced maximum exclusion circumstances. Temp: reg. 1.121-3T
(e) details the "unforeseen circumstances" guidelines. See Temp reg 1.121-3T
and Publication 523, 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. This gain
is reported on Form 4797. If you can show by adequate records or other evidence
that the depreciation allowed was less than the amount allowable, the amount
you cannot exclude is the amount allowed. Refer toPublication 523 , Selling
Your Main Home and Form 4797 (PDF), Sale
of Business Property for specifics on calculating and reporting the amount
of the eligible exclusion.
References:
10.4 Capital 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, 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, How to Depreciate Property, Publication 544, Sales and Other Dispositions of Assets, and Publication 587, 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, 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, Selling Your Home.
References:
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