Qualification for non-taxable $250K gain on primary residence sale

[nestlen]

I converted my primary residence to rental property last year and plan to sell it within 5 years.

According to IRS in order to non-taxable gain on first $250K.

You do not have to report the sale of your home if all of the following apply:

• Your gain from the sale was less than $250,000
• You have not used the exclusion in the last 2 years
• You owned and occupied the home for at least 2 years

1. Does it mean the unit cannot be a rental for more than 3 years before it is sold?

2. After the unit becomes a rental, does 'personal use' day in between consider primary residence time? For example, if the unit  has been a rental property on tax record for 3 yrs and 2 months before the sale but 4 months in between are for 'personal use',  is the sale still qualified for non-taxable 250K gain?

[leeloo]

Question 1 is yes. If you are considering the 5 year period to end on 03/01/2028, out of the five years previous to that date, you must have lived in the house for 2 years (or 730 days if there is no leap year).

Question 2 seems a little murky.  My answer would be that the time does not have to be consecutive. 

[DianeW777 · Accepted solution]

It depends.  You must live in the residence two years within the five years immediately preceding the sale.  It's very important for you to track this carefully to make sure you are able to exclude the gain you might be entitled to by meeting the requirements.

As indicated by @leeloo the time doesn't have to be consecutive but it must be two full years.

• IRS Topic 701 Sale of your home
• Is the money I made on my home sale taxable?
• IRS Publication 523