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.
There 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.
One should consult with a qualified tax professional prior
to implementing any tax strategies.
If you are a tax, insurance, financial or insurance
planning professional receiving this newsletter, please call our office and
introduce yourself to us. We are always seeking to grow our referral network and
expose more service professionals to our client base.