Hal_Al
Level 15

Deductions & credits

Simple answer:  If you sell the NY home within three years of the move out date,* you can exclude the capital gain (up to $500K for married couples).  However, you must pay tax on the depreciation you claimed (or should have claimed) while it was a rental.  Depreciation "recapture" is taxed as ordinary income, but no more than 25%.

 

*You must meet the owned and lived in 2 out of the last 5 years rule.  Selling within 3 years insures you meet that. There are exceptions to the 2/5 rule if your move was work related or other "unforeseen circumstances" See Pub 523