What's
the best tax break available to Mr. & Mrs.
Public? If they're homeowners, it's selling
their house.
Homeowners already know
the many tax breaks that Uncle Sam offers,
most notably mortgage interest and property
tax deductions. Well, he also has good tax
news for home sellers: Most of them won't owe
the Internal Revenue Service a single dime.
When you sell your
primary residence, you can make up to $250,000
in profit if you're a single owner, twice that
if you're married, and not owe any capital
gains taxes.
Most people are not
going to have a tax obligation unless their
gain is huge. Some sellers are surprised by
this break, especially if they've been in
their homes for a while. That's because before
May 7, 1997, the only way you could avoid
paying taxes on your home-sale profit was to
use the money to buy another, more-expensive
house within two years. Sellers age 55 or
older had one other option. They could take a
once-in-a-lifetime tax exemption of up to
$125,000 in profits. And in all instances,
there was tax paperwork to fill out to show
that you followed the rules.
But when the Taxpayer
Relief Act of 1997 became law, the home-sale
tax burden eased for millions of residential
taxpayers. The rollover or once-in-a-lifetime
options were replaced with the current
per-sale exclusion amounts.
T
here is some logic to
this law change because most people under the
prior rules didn't recognize a taxable gain
because they rolled it over into another
residence. The change essentially makes it
easier to dispose of your residence.
Still some requirements
to meet:
If you used pre-1997
rules for residential sales, don't worry. That
doesn't disqualify you from claiming the
exclusion on any residential sales now. The
law change applies to all sales since it took
effect.
Another bonus of the new
rules: You don't have to buy another home with
your sale proceeds. You can use the money to
travel to Europe in style, buy an RV and drive
across the country or get all those designer
shoes you never could afford before.
Even better, there's no
limit on the number of times you can use the
home-sale exemption. In most cases, you can
make tax-free profits of $250,000 (or $500,000
depending on your filing status) every time
you sell a home.
Ah, but we are talking
taxes here. You did notice that phrase
"in most cases," didn't you? Before
you put a "For Sale" sign in the
yard, you need to make sure your house-sale
situation is one of those "most
cases."
First, the property
you're selling must be your principal
residence. That means you live in it. This tax
break doesn't apply to a house or other
property that you have solely for investment
purposes. In those cases, the usual capital
gains rules apply.
You can, however, turn a
rental house into your primary residence,
making the sale of it eligible for the
exclusion. This is accomplished when you meet
the IRS use and ownership tests: You own and
live in the home for two out of the five years
before the sale.
And your actual
habitation of the home doesn't have to be
sequential. The IRS lets you aggregate your
time living in the house to meet the two-year
residency requirement.
Generally, if you owned
and used the home as your main home for
periods totaling at least two years within
five years ending on the date of these sale,
you're eligible for the exclusion. You look
back at the last five years. Ownership and use
may be at two different times. This would
apply if you owned a home for five years, but
didn't use it as your primary residence for
that full period. For the first three years,
you rented it and then moved into it as your
main home for the final two before you sold
it.
But you don't even have
to live in the house at the date of sale. The
flexibility of the use test means you could
live in your house for a year, rent it for
two, move back in for another year and rent it
again the year before you sell. Since during
those five years you owned and lived in the
property for two years, you meet the use and
ownership tests.
Finally, while
technically there's no limit on the number of
homes you can sell and reap tax-free gain,
each sale must be at least two years apart.
That still leaves you room to make some money
on several properties. You can sell your
residence this year, pocket any gain within
the tax limits and buy a new residence. Two
years later, you can do the same thing, again
and again every two years.