Friendly tax experts! Here is my scenario: I need to sell my primary residence which covers 3 acres. When I bought it originally five years ago, I converted 10% of the land across from my house into an outdoor horse arena. My home and horse arena are on the same parcel and are under my personal name. I use the horse arena 97% of the time for my small business (training horses as inventory) and 3% for personal reasons. I have been slowly depreciating this horse arena as land improvement over time as part of my business.
Here is where I am struggling: I have lived at my primary residence for the last five years, so my home should qualify for primary residence exclusion. I expect that I may need to recapture some depreciation of the horse arena if the appraiser finds an amount higher than the basis. However, does the land on which the arena sit still qualify under the primary residence exclusion? In other words, if I sell for a profit of $100k total, and I don't need to recapture for the arena, would that entire $100k amount be excluded from capital gains? Or would the 10% land be disqualified from the exclusion?
Thanks so much for your expertise & help!
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ALL of the land belongs to the personal residence. The sale will be reported in 2 pieces ... the personal portion and the business portion. I highly recommend you use a professional tax pro if you are unsure on how to handle this expecially if you did not set up the business asset properly to begin with. Or upgrade to one of the LIVE online program options to get the assistance you need.
Thanks Critter-3! You're right - I think I've accepted that I will definitely need to upgrade to the LIVE online program this year. A little too complex for me.
Just for my understanding, your answer doesn't depend on the 3% personal - 97% business split, right? Even if the arena was 100% a business property, all of the land still belongs to the personal residence, right?
Yes ... all the land is personal since it is part of the total property. This would be the same if you owned a duplex and lived in 1/2 ... all the land would still be personal.
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