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There is an exception to the 2 year rule if you have to sell due to a job change of more than 50 miles. You may still exclude the full capital gain on the sale. But, the maximum amount ($250K, $500K married) you can exclude is reduced. Example: you only lived in the house 11 months. The maximum amount you can exclude is 11/24 x $250K = $114,583 ($229,167 Married filing jointly).
So therefore if you were 7 months in the property 7/24 x 250k = $72,917, but because we are married filing jointly $145,833. Is this correct?
Yes. Actually, you go by days, rather than months. So, for example, 200 days/730 x $500K = $136,986. It usually doesn't make much of a difference, but could.
@cathalk090 wrote:
So therefore if you were 7 months in the property 7/24 x 250k = $72,917, but because we are married filing jointly $145,833. Is this correct?
You can review the rules in publication 523.
https://www.irs.gov/pub/irs-pdf/p523.pdf
The partial exclusion is based on the number of days out of 730 day (2 years) using the shortest of these three periods
You don't have to send proof with your tax return if you claim the partial exclusion, but keep proof with your other important tax papers for at least 3 years in case of audit.
If your gain is more than your exclusion, you will want to reduce your gain to the lowest possible dollar amount by documenting all your allowable adjustments. They are also listed in publication 523.
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