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Investors & landlords
The rule that let you defer capital gains tax if you used the proceeds to buy another house, expired back in 2010. So the home sale stands on it's own. The only way the gain is not taxable, is if it was your primary residence for at least 2 of the last 5 years you owned it. You get a $250K capital gains tax exclusion, and your ex gets a $250K exclusion if "both" of you meet the residency requirement.
For the investment property, that sale stands on it's own. You will pay taxes on any and all realized gain. Additionally, you will be taxed on all recaptured depreciation, *no* *matter* *what*. The recaptured depreciation will be taxed anywhere from 0% to a maximum of 25%
‎January 9, 2020
3:27 PM