For the last 3 years, I have been in a housing lease to own agreement with a large company. My lease contains a price at which I can buy the house at anytime. It has appreciated significantly over the last 3 years so there is quite a bit of equity.
If I were to exercise my right to purchase and then sell the property, do I qualify for the exclusion on capital gains since I have occupied the property longer than 2 years? Or will I be taxed with short term capital gains?
Also, if I am taxed, can I count my 3 years of lease payments into my cost basis?
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The law
26USC121(a)Exclusion
Gross income shall not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as the taxpayer’s principal residence for periods aggregating 2 years or more.
https://www.law.cornell.edu/uscode/text/26/121
Short cap gain- owned short time.
Depends on lease. Any payments towards a purchase price?
In addition to being your primary residence for at least 2 of the last 5 years, you also must have owned the property during those two or more years. In order to qualify for the exclusion you would have to wait at least 2 years after closing on the purchase, while still living in the property during those two years after closing on the purchase, in order to qualify for the exclusion.
based on what you provided the home sale exclusion would not be available to you. there are two basic rules. occupancy for 2 of 5 years before the sale which based on your statement you meet and ownership for 2 out of 5 years before the sale which you do not meet. you don't own it until you close on the purchase. sale shortly after purchase would be short-term capital gain which would get taxed at whatever bracket you are in. The price at which you can buy the house for is your tax basis,
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