mcavenia
New Member

2/5 real estate tax exemption if I do not currently live in the property

Purchased home in 2017, went for rent in 2021. As of right now I am 3/5. 
However I do not currently live in the residence as my “main home”, would I still qualify for the tax exemption up to $250k (single filer)?

Deductions & credits

I assume you are planning to sell the property.  You would qualify for the $250,000 exemption if you meet this:

The $250,000/$500,000 Home Sale Tax Exclusion | Nolo

Deductions & credits

Yes if you owned it and lived in it any 2 years of the last 5 on the date on sale.  It doesn't have to be the last 2 years or even 2 concurrent years.

 

You will have to recapture the depreciation and pay tax on that.

Deductions & credits

to be eligible for the full $250K exclusion you must own the property for any 2 out of 5 years before the sale. you must occupy it as your principal residence for any 2 out of 5 years before the sale. that you don't live on the property at the date of sale is irrelevant as long as you meet those two tests.

 

based on what you provided you could wait until the end of 2023 to sell and still get the full exclusion

5 years  - 1/1/19-12/31/23 bought in 2017 so you meet the ownership test since you owned it for 2 years during the period 2019-2023. the same goes for the occupancy test. the 2 years 2019 and 2020 

Deductions & credits

@mcavenia - technically, you have to have lived in the home 730 days of the last 1825 days.  So not even do the years not have to be consecutive, nor do the months or the days need to be consecutive.