I was forced to sell my rental property due to a job loss and unemployment. I'm reading that this qualifies and an unforeseen circumstance that would allow be exclusion?

What do you mean, "just outside"?  The partial exclusion refers to selling early, not selling late.  If you don't meet the 2 years of the last 5 because you moved out more than 3 years ago, you don't qualify and the hardship rule doesn't apply.

What are your dates of purchase, sale, residency, etc.

Read below where is says there are a few exceptions, however.  #5 applies to me.


To qualify for a full exclusion, you generally must own your home for at least two years during the five-year period prior to the date of sale. There are a few exceptions, however.

1. If you had postponed gain on the home you sold under the old "rollover" rules, enter here the purchase date of the earlier home which you "rolled into" this home. If you had rolled over more than one, enter the date of the earliest purchase in the series. Once you have a date more than two years prior to your current sale, though, there will be no tax consequence of entering an earlier date.

2. If your spouse died and had owned the property longer than you, enter here the date your spouse purchased the property if your spouse also lived in it as his or her main home during that period.

3. If your spouse transferred the property to you (or if your former spouse transferred the property to you incident to divorce), enter the date your spouse (or former spouse) purchased the property.

4. If a prior home was destroyed or condemned and the basis of the home you sold depended on the basis of that prior home, enter the date you purchased the prior home.

5. You sold the home due to unforeseen circumstances. These can apply to you, your spouse, or anyone else living in the home. Unforeseen circumstances include:

 - Change of health
 - Death, divorce, or legal separation
 - Multiple births (twins, triplets, etc.)
 - Change in place (more than 50 miles) of employment
 - Receiving unemployment benefits
 - Change in employment leaving you unable to pay mortgage or basic living expenses
 - Military or foreign service
 - Natural or man-made disaster
 - Act of war or terrorism
 - Condemnation, seizure, or other involuntary conversion
 - Other unforeseen circumstances

Active-duty military and foreign service members may be able to look back over a period of time greater than five years. You can read about this exception.

For further information and examples, see IRS Publication 523, Selling Your Home.