TomD8
Level 15

Investors & landlords

@ashhdz17 — This thread is a year old and the original answer by @Phillip1  was correct.  There is no capital gain or loss in the situation described in the original question, because no sale took place. Therefore the “2 years out of 5” rule would not apply.  The retained earnest money is fully taxable.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.