CARL WATTS & ASSOCIATES

June 17, 2019

Sale of Residence
An expanding family, job relocation, retirement, fluctuation in your income, divorce, these are just a few reasons why people sale their homes and move to a new one.

No matter the reasons, there may be tax implications to the sale of your home.

First of all, if the selling price of your home is greater than the price you paid to purchase the home, then you have a profit which is generally considered a capital gain and subject to income tax. However, when you sell your home, you may not have to pay taxes on the money you gain.


According to the IRS regulations, taxpayers who sell a home may qualify to exclude from their income all or part of any gain from the sale. Publication 523, Selling Your Home, is your go-to in order to find out all the details on this topic.

Here are the most important rules to keep in mind if you plan to sell your home.

Exclusion of Gain

You may be able to exclude part or all of the gain from the sale of your home. This rule may apply if you meet the eligibility test. If you are eligible, the exclusion is up to $250,000 of the gain from your income ($500,000 on a joint return in most cases).

To qualify for the exclusion you must meet both the ownership and use tests which state that during a five-year period ending on the date of the sale, you must have:


  • Owned the home for at least two years (the ownership test), and

  • Lived in the home as your main home for at least two years (the use test).

You may be able to exclude gain from the sale of your home even if you have used it for business or to produce rental income if you meet the ownership and use tests.

The required two years of ownership and use during the 5-year period ending on the date of the sale do not have to be continuous nor do they both have to occur at the same time.

You meet the tests if you can show that you owned and lived in the property as your main home for either 24 full months or 730 days during the 5-year period ending on the date of sale.

You can meet the ownership and use tests during different 2- year periods. However, you must meet both tests during the 5- year period ending on the date of the sale.

If you and your spouse file a joint return and both meet the use test, you normally will be able to claim the exclusion for married couples even if the ownership test is met by only one of you.


If you do not meet the two tests, you may still be allowed to exclude a reduced amount of the gain realized on the sale of your home. But, you must have sold the home for other specific reasons such as serious health issues, a change in your place of employment, or certain unforeseen circumstances such as a divorce or legal separation, natural or man-made disasters resulting in a casualty to your home, or an involuntary conversion of your home.

United States citizens who have renounced their citizenship or long-term residents who have ended their residency for the purpose of avoiding United States tax cannot claim the exclusion.

Only a Main Home Qualifies

Usually, the home you live in most of the time is your main home and can be a house, houseboat, mobile home, cooperative apartment, or condominium.

If you have more than one home, you can exclude a gain only from the sale of your main home. You must pay tax on the gain from selling any other home. If you have two homes and live in both of them, your main home is ordinarily the one you live in most of the time.

You may be able to exclude your gain from the sale of a home that you have used for business or to produce rental income. But you must meet the ownership and use tests.

Exceptions May Apply

There are exceptions to the ownership, use, and other rules. One exception applies to persons with a disability. Another applies to certain members of the military. That rule includes certain government and Peace Corps workers.

If you lived in your house for less than two years, you can exclude a part of your gain if your work location changed.

If you're selling your house for medical or health reasons, document these reasons with a letter from your physician. This, too, allows you to live in the home for less than two

Exclusion Limit

The most gain you can exclude from tax is $250,000. This limit is $500,000 for joint returns. The Net Investment Income Tax will not apply to the excluded gain.
To help you figure the adjusted basis of the home you sold, the gain (or loss) on the sale, and the gain that you can exclude, you can use the worksheets included in the Publication 523.

You have a gain if you sell your house for more than it cost. For tax purposes, you need to pinpoint your adjusted basis to figure out whether or not you have gained or lost in the sale. The adjusted basis is essentially what you've invested in the home; the original cost plus the cost of capital improvements you've made. Capital improvements (such as a new roof, a remodeled kitchen, a swimming pool, or central air conditioning) add value to your home, prolong its life, or give it a new or different use.

The adjusted basis does not include expenditures for just repairing the property. Settlement fees and closing costs also add to the adjusted basis of the property. However fees associated with obtaining a mortgage do not affect the basis of the property, since those fees are charged for getting the loan, not for the purchase of the property.

A reduced exclusion does not mean you can exclude only a portion of your profit. It means you get less than the full $250,000/$500,000 exclusion. For example, if a married couple owned and lived in their home for one year before selling it, they could exclude up to $250,000 of profit (one-half of the $500,000 because they owned and lived in the home for only one-half of the required two years).

May Not Need to Report Sale

If the gain is not taxable, you may not need to report the sale to the IRS on your tax return.

When You Must Report the Sale

If you have a gain that cannot be excluded, it is, of course, taxable. You must report it on Schedule D, Capital Gains and Losses. You must report the sale if you choose not to claim the exclusion.


If you receive an informational income-reporting document such as Form 1099-S, Proceeds From Real Estate Transactions, you must report the sale of the home, even if the gain from the sale is excludable.

Form 1099-S is generally issued by the real estate closing agent—a title company, real estate broker or mortgage company. If you don't receive the form, you don't need to report your home sale at all on your income tax return.

Exclusion Frequency Limit

Generally, you may exclude the gain from the sale of your main home only once every two years. Some exceptions may apply to this rule.

First-time Homebuyer Credit

If you claimed the first-time homebuyer credit when you bought the home, special rules apply to the sale.

Home Sold at a Loss

If you sell your main home at a loss, you cannot deduct the loss on your tax return.

Report Your Address Change

After you sell your home and move, you have to update your address with the IRS. To do this, file Form 8822, Change of Address. Mail it to the address listed on the form’s instructions.

If you purchase health insurance through the Health Insurance Marketplace, you should also notify the Marketplace when you move out of the area covered by your current Marketplace plan.

The 2017 Tax Cuts and Jobs Act apparently did not make any changes to the process of reporting your home sale or to the structure of the capital gains tax system.

If it turns out that all or part of the money you made on the sale of your house is taxable, you need to figure out what capital gains tax rate applies.

  • Short-term capital gains tax rates apply if you owned the asset for less than a year. The rate is equal to your ordinary income tax rate, also known as your tax bracket.

  • Long-term capital gains tax rates apply if you owned the asset for more than a year. The rates are lower and many people qualify for a 0% tax rate. Everybody else pays either 15% or 20%, depending on filing status and income.

Regarding states tax, in most states, real estate sales must be reported via state income tax filings when certain conditions apply. As a general rule, the primary condition is that sellers have received a gain on the sale of real estate, which is determined based on the selling price as it relates to the price for which the seller obtained the home. Generally, this is through purchase, but in some cases, sellers must pay the full amount of the selling price because the home was obtained at no cost.


In a state whose tax is stated as a percentage of the federal tax liability, the percentage is easy to calculate. Some states structure their taxes differently, in this case, the treatment of long-term and short-term gains does not necessarily correspond to the federal treatment.

If you want to make sure you comply with all requirements and take advantage of the exclusion that you are entitled to, help from a tax professional is always your best option.
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