peulalio
New Member

Selling a rental property you used to live in. Do the same laws apply for AZ/FED taxes in regards to the living in a home 2/5 years up to $500,000 in profit exempt apply?

 
Hal_Al
Level 15

Investors & landlords

Federal: yes.  But, the depreciation recapture portion of the capital gain is taxable and also not eligible for special capital gains rates.
The 2/5 rule essentially requires you to sell the property within 3 years of moving out, to be eligible.

Investors & landlords

From the State of Arizona Dept of Revenue website:

The starting point for the Arizona income tax computation for a resident individual is the federal adjusted gross income. This amount is then subject to certain additions and subtractions to arrive at Arizona taxable income. There is no specific treatment of gain realized from the sale of a personal residence in the Arizona statutes. Therefore, to the extent the gain is excluded from federal adjusted gross income, it will likewise be excluded from Arizona gross income and not subject to Arizona income tax. However, to the extent the gain is included in federal adjusted gross income; it will likewise be included in Arizona gross income and subject to Arizona income tax.