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Level 1
October 12, 2022
Question

How to decrease capitol gains tax after selling our only houese

  • October 12, 2022
  • 2 replies
  • 3 views

My husband died in 2020 and I sold our house in 2021, no one lived in that house and it was the only house that we owned. I was living in an RV. Can I claim that as my primary residence?

 

And how do I best minimize  the taxes?

    2 replies

    Critter-3
    Level 15
    October 12, 2022

    Was that your primary residence for 2 out of the 5 years prior to the sale ?   Did you have it homesteaded for RE tax purposes ?  

    Mike9241
    Level 15
    Level 15
    October 12, 2022

    who was on the title on the date your husband died? if just him, the property would get a step-up in basis to FMV on the date of death. 

    if both of you 50% would get a step-up to FMV and your 50% would be 1/2 the tax basis. if you lived in it any 2 out of 5 years before the sale your portion would qualify for the home sale exclusion. there is a special rule for surviving spouses. as such, you are entitled to a $500,000 exclusion on any taxable gain since the home was sold within 2 years of his death. 

     

    Mike9241