I am married, filing jointly. We have been living in our primary residence for close to 4 years. I will be tearing down the old home, build a larger home and plan to sell it after building. Construction takes 10-12months. On the sale proceeds, can i still claim the $500K tax deduction primary residence since we have stayed in the older home for 4 years? Thank you for your suggestions!
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You probably can claim the $500,000 primary residence.
Because you are tearing down and rebuilding, the critical factor is timing.
You must be sure you satisfy the IRS use and residency tests regarding the land and the new structure within the 5-year period before the sale.
No. See the 2010 "Gates" decision of the Tax Court.
https://www.thetaxadviser.com/issues/2010/sep/taxtrends-sep10-story-01/
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