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 to Publication 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.