Skip to main content
Level 2
January 26, 2022
Question

Gain on sale of rental property

  • January 26, 2022
  • 1 reply
  • 11 views

I purchased a home that I lived in for a year before converting it to a rental for one year and then selling it with gains. I moved and converted it to a rental due to family issues with their lost jobs, divorce, covid etc. Are there any exclusions to the 2 year rule that apply in my situation to reduce the capital gains tax?

    1 reply

    ColeenD3
    Level 15
    January 26, 2022

    No. The provision for a partial exclusion is applicable if you sold due to the circumstances, not that you converted to a rental because of the circumstances.

     

    This is from Pub 523:

     

     

    Showing facts and circumstances.

    If your circumstances don’t match any of the standard requirements described above but the primary reason for sale, based on facts and circumstances, is work-related, health-related, or unforeseeable. Important factors are:

    • The situation causing the sale arose during the time you owned and used your property as your residence.
    • You sold your home not long after the situation arose
    mkali3453Author
    Level 2
    January 26, 2022

    What if selling in a pandemic market was not feasible?

    Level 15
    January 26, 2022

    There is nothing in the guidance about a pandemic situation for exclusion on the sale of your home.  However, you can review the details by using the link below.

     

    As reference by @ColeenD3 there are limited circumstances eligible for partial exclusion.  You should review the IRS Publication 523 beginning on page 6, to see if you can provide the necessary details for your situation.  

    **Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"