I have lived in the property as primary residence for 1.5 years before moving to another state due to job change. I have been renting the property out in the past two years. Can I still claim the free capital gain credit if I sell the property now? Can I rent it out for another year before selling and get to the capital gain credit? (The estimated gain is under $150K.)
Thanks very much.
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Thank you for reaching out with this excellent question!
Your gain will be determined by the amount you sold the home for, minus any fees and expenses related to the sale, minus your basis in the home (what you originally paid for the home and any improvements).
When you make a home improvement, such as installing central air conditioning or replacing the roof, you can't deduct the cost in the year you spend the money. But, if you keep track of those expenses, they may help you reduce your taxes in the year you sell your house.
It depends on how long you owned and lived in the home before the sale and how much profit you made.
The law lets you "exclude" this profit from your taxable income. (If you sold for a loss, though, you can't take a deduction for that loss.)
There are three tests you must meet in order to treat the gain from the sale of your main home as tax-free:
If you're married and want to use the $500,000 exclusion:
Hi guxin1985,
To tag onto this thread, you can absolutely shelter some of the capital gain with the 121 (primary home) exclusion since that was initially your home before you began renting it.
One other factor to consider is that for the time it was rented, you would have claimed the rental income, as well as rental expenses and depreciation on the home. When selling a rental property, depreciation is recaptured (at ordinary income rates, up to a ceiling of 25%) and this is treated separately from the rest of the capital gain.
For example: you bought the house for $300k and sold for $450k. You also took $10k of deprecation during the 2 years of rental. Your basis would be reduced to $290k, thus a gain of $160k. $150k of this gain may be excludable from the exclusion mentioned above, but the $10k attributable to depreciation is treated totally separately and not excludable.
https://www.journalofaccountancy.com/issues/2002/oct/thehomesalegainexclusion.html
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