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Partial Sale of property

We sold our main residence along with 4 acres that it sat on in 2019 for approximately 300k. The cost basis from original purchase would have been approximately 150k. Married filing jointly, no taxes were due.

In 2020 we sold the rest of the property which also was 4 acres with no no buildings or improvements for "Gross proceeds" of 84k and "Net proceeds" being 77k.

We received a 1099-S reporting the Gross proceeds of 84k in box 2.

Since the total gain is approximately 227k, I do not believe we owe taxes at all.

Can you share any insight?

Thanks

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1 Reply
ColeenD3
Expert Alumni

Partial Sale of property

You are correct. From Pub 523

 

The sale of the vacant land is eligible to be treated as part of the home, and eligible for the exclusion, if you have used it as part of the home, and if you sell the land and the house within 2 years of each other, even if the sales are to different people.

 

However, the publication also says "If your sale of vacant land meets all these requirements, you must treat that sale and the sale of your home as a single transaction for tax purposes."  I don't know how to do that if the sale happens in two different tax years, so you may need to see a tax professional.  (If the total gain is less than your exclusion, and if there is no 1099-S issued, then the sale is not reported and it doesn't matter if the two sales occur in different years. However, if the total combined gain is more than the exclusion so that some tax is owed, or if a 1099-S is issued, and if the two sales are completed in different tax years, you will probably need a see a tax professional for help.)

 

 

If you end up owning the land more than two years after selling the house, it will be treated as a sale of land and subject to gains.  You will allocate the cost basis based on the value of the house and land when you originally purchased the property.  You can allocate your legal fees and expenses incurred in splitting the parcels based on acreage, which will help raise the cost basis of the land and reduce your gain.  You also have the option of adding your property taxes to the cost basis rather than deducting them ("capitalize" your costs), which will lower your eventual gain (but you miss the immediate deduction.)   The election to capitalize expenses must be made in writing each year with a written statement attached to your tax return.

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