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Level 1
posted Nov 2, 2024 9:55:56 AM

Capital Gains Qualification

if I rent a property, but don't own it for three years, then buy it and sell it a year later do I pay capital gains?

0 4 2550
1 Best answer
Level 15
Nov 2, 2024 10:06:45 AM

Yes, unless you qualify for an exception to the "two out of the last five years" rule.


See https://www.irs.gov/publications/p523#en_US_2023_publink10008938

4 Replies
Level 15
Nov 2, 2024 10:06:45 AM

Yes, unless you qualify for an exception to the "two out of the last five years" rule.


See https://www.irs.gov/publications/p523#en_US_2023_publink10008938

Level 1
Nov 2, 2024 9:43:07 PM

Thank you!

Level 15
Nov 2, 2024 11:39:17 PM

taxpayers who do not meet the two-year ownership and use tests may qualify for a reduced exclusion. A reduced exclusion is available if the primary reason the taxpayer sold a main home was due to any of the following:

  • change in place of employment
  • health
  • unforeseen circumstances

for each of these, a safe harbor rule is available. if the safe harbor is not met, a taxpayer can still satisfy one of the above conditions based on facts and circumstances.  

Level 15
Nov 3, 2024 6:33:37 AM