Your sale will have two parts to it, the personal and the rental. You can exclude the gain on the entire house, as if it were never rented, if you qualify. However, you can't just ignore the fact that you had a portion as a rental. You will have to recapture any depreciation and that portion will be taxed as ordinary income.
In sale of home, you will be asked if you ever used the home for business.
Does Your Home Sale Qualify for Maximum Exclusion
The tax code recognizes the importance of home ownership by providing certain tax breaks when you sell your home. To qualify for these breaks, your home must meet the Eligibility Test , which is explained later.
How your sale qualifies. Your sale qualifies for exclusion of $250,000 gain ($500,000 if married filing jointly) if all of the following requirements are met.
- You owned the home and used it as your main home during at least 2 of the last 5 years before the date of sale.
- You didn’t acquire the home through a like-kind exchange (also known as a 1031 exchange), during the past 5 years.
- You didn’t claim any exclusion for the sale of a home that occurred during a 2-year period ending on the date of the sale of the home, the gain from which you now want to exclude.
