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wac764
Returning Member

sold rental property

i owned and lived in property for two years before renting it out for the last 4 years. do i get a break from capital gains if so how do i go about it ?

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1 Reply
Carl
Level 15

sold rental property

In order to qualify for the capital gains tax exclusion, you must have lived in the property as your primary residence for at least 2 years (730 days) of the last 5 years (1826 days) you owned it, counting back from the closing date of the sale. Since it was not your primary residence for at least 2 of the last 5 years you owned it, you do not qualify for the exclusion.

There are situations where one can qualify for a partial exclusion. For example, if you were forced to move as a requirement of employment or military PCS orders.  Other exceptions for a partion exemption are covered in IRS Publication 523 at https://www.irs.gov/pub/irs-pdf/p523.pdf starting on page 6.

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