My husband and I sold our rental house in Texas that we purchase back in 2007 while he was active duty, we put the house up for rent in 2010 due to moving to Germany for our next duty station, then he got order and we moved to Virginia where my husband eventually got out of the military in 2016. We end up staying here in Virginia since he got a job and we couldn't make our way back to Texas, we decided to sell the house this year 2021 since the market was really good.
My question is I'm assuming we have to pay capital gains and can't be exempt since he is no longer active duty? Other people we have talked to think we would be able to exempt. Anyone dealt with this before and can provide any help
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You can choose to have the 5-year test period for ownership and use suspended during any period you or your spouse serves on qualified official extended duty as a member of the Armed Forces. This means that you may be able to meet the 2-year use test even if, because of your service, you didn't actually live in your home for the required 2 years during the 5-year period ending on the date of sale.
Normally, to exclude gain you must have lived in the home two of the last five years before the sale. In your case, you can exclude any time you were on active duty stationed elsewhere. You will have to compute this yourself- I suggest get a calendar that starts with the sale date and work backwards. Count any days that you were not on active duty until you reach 1825 (that is your stopping point) then go back forward and count the days you lived in the home as your residence using the days you were NOT active duty. If it is less than 730 (two years) use the percentage to calculate your partial exclusion amount. Keep these with your tax records in case you are audited.
That makes sense thanks for the help.
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