Tax Benefits
Sale of a Principal
Residence
The Internal Revenue Code allows
qualifying persons an exclusion on the gain from their personal
residence up to $500,000 for married taxpayers filing a joint return and
$250,000 for single return filers. This can be a source of cash for the
individual to use for retirement, investing or any purpose.
There is no limit to how many times
a taxpayer can do this as long as the minimum use requirement is met.
Homeowners have an option to trade up or trade down on a tax-free basis.
Most homeowners don't take full
advantage of all the adjustment in order to keep the gain as low as
possible. If the truth were known, most people's records are so poor
that when the time comes to recognize the gain, the calculations
probably have to be based on estimates instead of actual numbers.
Rules for Exclusion
- Effective date for sales of
principal residence on or after May, 1997.
- Ownership and use must have been
the principal residence for two out of the five preceding years.
There is a formula to provide partial exclusion for those who cannot
satisfy the two year requirement.
- Gain in excess of $500,000 or
$250,000 amount is taxable at capital gains rate.
- Exclusion does not apply to
vacation or second home properties.
- There is no requirement to
rollover proceeds and reinvest them into another home.
For additional information, a
taxpayer may see the IRS Publication or see their tax professional. Form
2119 must be filed with the taxpayer's regular income tax return in the
year of sale.
For more information, contact
Frank
Armstrong