Investors & landlords

your wife does not have to be on the title. 

period of non-qualifies use does not qualify for the exclusion IRC 121(b)(5). this means that a portion of the gain may be taxable if not used as a principal residence. period of non-qualified use is any period after 2008that the property was not used as your principal residence.

 

period of nonqualified use 2015-2025 = 10 years (rental)

period of ownership 2000-2030 = 30 years 

depreciation to the extent of the gain must be recaptured

gain =  sales price less cost reduced by depreciation allowed or allowable

non excludable gain (sale price less depreciation) times 10/30

 

example sales price $1,001,000, cost $275,000, depreciation, $100,000 

gain $1,001,000 - ($275,000-$100,000) = $826,000

$100,000 gets reported as section 1250 recapture subject to reduction for any net short-term capital gains

non excludable gain ($826,000-$100,000)  = $726,000*10/30 = $242,000

excludable gain $826,000-100000-242000= 484000

taxable gain 826000-484000=3420000  (this includes section 1250 recapture

 

 

 

 

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