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Sale of home after multiple periods or rental and main residence

The Exclusion is meant for homes that are your Principal Residence.  The Nonqualified Use rule basically prorates the exclusion so it only applies to the time it was your Principal Residence.

Yes, there is a bit of a 'loophole' that if you rent it out AFTER you live in it (and DON'T move back in), it avoids the Nonqualified Use rule.  But the general rule is that it is meant to only exclude the gain based on the time it was your Principal Residence.

Sale of home after multiple periods or rental and main residence

After looking at the rules again, I have another question:  WHY did you move back and forth?

Sale of home after multiple periods or rental and main residence

OK. So say I keep it as my residence for a contiguous two year period from the last time I moved in would that be also non-qualified? Should I rent it for 6 months then sell it to get this loophole?

Sale of home after multiple periods or rental and main residence

I purchased the home while living overseas. The person who was living in it continued living in the home as my tenant until I was ready to move into it, basically 11 months. Living in the home as my residence and leaving was not planned but it happened and due to security issues in the country where I was transitioning back and forth from it just worked out that way. I am getting the 732 days by adding up the personal use days on schedule E. This was intended in every way to be my main residence.

Sale of home after multiple periods or rental and main residence

Renting it out for 6 months now would make those 6 month qualified use, but it would NOT change any previous Nonqualified Use.

You can't get out of the fact that those first 11 months were Nonqualified Use.

For the other rental period, it is POSSIBLE it could qualify for qualified use.  This provision makes a period NOT Nonqualified Use: "period of temporary absence (not to exceed an aggregate period of 2 years) due to change of employment, health conditions, or such other unforeseen circumstances as may be specified by the Secretary"

So depending on EXACTLY why you rented it for that second time, it is POSSIBLE that you had "unforeseen circumstances as may be specified by the Secretary".  *IF* that is the case, that second rental period would NOT be Nonqualified Use.  Only the first rental period would be Nonqualified Use.  *IF* you think that COULD be the case, you may want to go to an experienced tax professional to research if your circumstances would qualify as "unforeseen circumstances as may be specified by the Secretary".

Sale of home after multiple periods or rental and main residence

Yes I read that and it is loosely defined. Not to put personal information on a public forum but I could probably justify the reason why I rented it out the second time. I did talk to a 'tax preparer' at one time and mentioned the adding of the total time that I will have resided in the home as my primary residence. FYI the reason for the initial rental period before taking occupancy was while waiting for my wife's spousal visa which took over a one year. Complicated to say the very least

Sale of home after multiple periods or rental and main residence

The second period doesn't need to be "justified", it needs to be a situation "specified by the Secretary".  In other words, there needs to be official guidance from the Department of Treasury or IRS saying that situation qualifies.

If your gain is large, it may be worthwhile going to a tax professional.  When interviewing who to go to, you should specify that they may need to do research for situations that qualify as "Nonqualified Use", for purposes of the Section 121 Home Sale Exclusion.
Carl
Level 15

Sale of home after multiple periods or rental and main residence

If you were AD/MIL during that time, there are exceptions that allow you to "suspend" the 5 year lookback, which can make the total lookback time up to 10 years (keeping the 2008/2009 "line in the sand" in mind). So if you are/were AD/MIL, select YES when asked if you lived in it as your primary residence and work it through. Read the small print, as it will matter.

Sale of home after multiple periods or rental and main residence

All this for renting to the person who resided in the home before I bought it and occupied it for myself. Rental income was insignificant compared to the taxable income I would have to pay. If I decide to lease the home again and then live in it yet one more time I will never be able to shake the initial fact or the first rental before living in the home.

Sale of home after multiple periods or rental and main residence

Just to clarify:  It is not the fact that it was rented first.  ANYTIME that you move into a home after it was rented would create Nonqualified Use.  So even if you had originally used it as your residence, then rented it out, then used it as your residence again, there would be Nonqualified Used and the exclusion would be prorated.

If you rent it out again and then move back into it, you will be adding more Nonqualified Use.

Sale of home after multiple periods or rental and main residence

Let me try and clarify.

The exclusion is for homeowners who use the home as their primary residence.  As long as you live in the home at least two years, you can exclude up to $250,000 or $500,000 of the gain.  You are also allowed to rent the home for up to 3 years after you move out before you sell.  If you rent longer than 3 years, you are treated as a landlord and not allowed to exclude any gain.

The qualified use rule was set up to prevent landlords avoiding capital gains tax by moving back into their own rental property for 2 years before selling.  So periods of ownership before it was your residence are non-qualified.  Also, moving out then moving back in creates a non-qualified period.  If you rented for 8 years and moved back in for 2 years, then only 20% of your gain is qualified.   But all the times you lived in the home as your personal home are qualified, so someone who rented for 1year, then lived there 4 years, then rented for 1 year, then lived there 4 years, would be able to exclude 80% of their gain.   Qualified period include times when you move out before selling as long as you don't move back, and as long as you still meet the 2 year/5 year rule.  So if you rented for 1 year, lived there 4, rented for 1, lived there 3, rented for 1, and sold, you would still have 8 qualified years of the 10 total.

This is unfortunately not spelled out in the current version of IRS publication 523 on selling your home.  Pub 523 from 10 years ago did a better job if you can find it online.  TurboTax does include the calculation but you may need to manually supply the number of non-qualified days of ownership. 

In your case, you must first meet the 2 years in the last 5 year rule to qualify for any exclusion (which you do).  Then, to figure out how much gain you can exclude, you must add up all your qualified and non-qualified use for the entire length of your ownership.  If you owned the home for 1915 days and it was your residence for 732 days then you can exclude 38.2% of your gain (up to $250,000 or $500,000) and you will owe capital gains tax on 61.8% of your gain.   The gain due to depreciation will be taxed at a flat 25% and the rest will be taxed at 15% (for most taxpayers).

If you were to live in the house for one more year, you could exclude 1097/2271 or 48% of your gain.  Your qualified percent would increase the longer you lived there as your personal residence.

It's not just the first rental that creates the qualified/non-qualified use issue.   Any period of rental that ends with you moving back is non-qualified, because it makes you look like a landlord/property investor.  The only rental use that qualifies you for the exclusion is when you move out of your personal home and sell it within 3 years, because that makes you look like a homeowner who used a short rental period to manage their move better.   

Sale of home after multiple periods or rental and main residence

OK this is starting to make sense but seems a bit unfair. For myself the intention was my primary residence but ended up being split into multiple periods. The biggest downside of paying the capital gains tax is it requires the repayment of the ACA advance tax credits in my situation. Think the best option is to make the sale effective January of the next year. Thanks for all the good information! I can now make an informed decision.
Carl
Level 15

Sale of home after multiple periods or rental and main residence

"Think the best option is to make the sale effective January of the next year"
I think you mean to sell in January. You don't get to make it effective on a date of your choosing, beyond choosing the date you are going to close with the buyer. The date used for the 5/10 year look back is what's on the HUD-1 closing statement you will receive at the closing. Other than you and the buyer agreeing on that date, the date of sale you put on your tax return has to be the date on that closing statement.
csygit
Returning Member

Sale of home after multiple periods or rental and main residence

Hello, would you please answer a question for me about this? We had to leave our primary residence in CO in 2012 due to a job layoff and my husband could only get a job in CA. So, we had to pack up and move and our primary residence in CO became a rental. We have not lived in it at all in the past 5 years. It has been a rental the whole time. Are we allowed any exclusions on Capital Gains due to the fact that my husband lost his job and we were forced to move out of state unexpectedly?

Thank you in advance for any help you can offer. 

~Connie

Sale of home after multiple periods or rental and main residence

Sorry no ... there is no exception for your situation ... you will sell it as a rental and recapture the depreciation and pay cap gains taxes on it. 

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