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Monday, May 21, 2018

What is Capital Gains Tax Law "When Selling Your Home"

photo by Amir Zee | May 20th, 2018 Long Beach 

Simply put, you may exclude up to $250,000 of your capital gain from tax. For married couples filing jointly, the exclusion is $500,000. Also, unmarried people who together own home and separately meet the tests described below can each exclude up to $250,000.

The law applies to sales after May 6, 1997. To claim the home as your principal residence an aggregate of at least two of the five years before the sale (this is called the ownership and use test). You can claim the exclusion once every two years. Even if you haven't lived in your home a total of two years out of the last five, you're still eligible for a partial exclusion of capital gains if you sold because of a change in your employment, or because your doctor recommended the move for your health, or if you're selling it during a divorce or due to other unforeseen circumstances such as a death in the family or multiple births.

Your gain is actually your home's selling price, minus deductible closing costs, selling costs, and your tax basis in the property. (Your basis is the original purchase price, plus purchase expenses, plus the cost of capital improvements, minus any depreciation and minus any casualty losses or insurance payments.)

Deductible closing costs include points or prepaid interest on your mortgage and your share of the prorated property taxes. Examples of selling costs include real estate broker's commissions, title insurance, legal fees, advertising costs, administrative costs, escrow fees, and inspection fees.

So, for example, if you and your spouse bought a house for $100,000 and sold for $650,000, but you'd added $20,000 in home improvements, spent $5,000 fixing the place up for sale, and paid the real estate brokers at least $25,000, the exclusion plus those costs would mean you'd owe no capital gains tax at all.

There are other situations as Nursing Home Stays, Home Offices and Marriage, and Divorce which I am not explaining it here as they not as common. But, if you have any questions, please call me, I will be glad to answer any questions.

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