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Deductions & credits
Per Section 1.121-1(a) it appears to be fairly unambiguous.
(3) Special rules for joint returns—(i) In general. A husband and wife who make a joint return for the year of the sale or exchange of a principal residence may exclude up to $500,000 of gain if—
(A) Either spouse meets the 2-year ownership requirements of §1.121–1(a) and (c);
(B) Both spouses meet the 2-year use requirements of §1.121–1(a) and (c); and
(C) Neither spouse excluded gain from a prior sale or exchange of property under section 121 within the last 2 years (as determined under paragraph (b) of this section).
The deduction here hinges upon the filing status rather than the status of the parties at the time of the sale.
November 16, 2023
10:03 AM