Selling Your Home
The tax law gives homeowners who sell their principal residences
at a profit two possible tax breaks.
Gain deferral - You don't have to pay tax on gain you
realize when you sell your home as long as you replace the home
within two years before or after the sale by purchasing and occupying
another home of equal or greater value. When using this deferral
provision, be careful in determining the adjusted basis of the
home you are selling.
Very generally, this is your original cost plus certain improvements
and additions you have made and minus any gains you have postponed
on previous home sales, and any depreciation you may have claimed
on a home office or rental of the home. Previous casualty losses
can also affect your basis.
Gain exclusion - Taxpayers age 55 or older may qualify
for a one-time exclusion of up to $125,000 of gain on the sale
of a home. Many people have used this exclusion to eliminate
tax on every dollar of gain postponed over a lifetime of selling
houses. To qualify, you must have owned and used the home as
your principal residence for at least three of the five years
ending on the date of the sale. (Note that ownership and use don't
have to coincide.)
A taxpayer may still meet the required-use rule if he or she has
to move to a nursing home before his or her residence is sold.
The nursing home must be a licensed facility for physically or
mentally disabled persons. And the taxpayer must have lived
in the residence for periods totaling at least one year during
the five-year period before the sale. Then the stay in the nursing
home will count as use of the principal residence. If you and
your spouse own a residence jointly and file a joint tax return,
only one of you has to meet the age requirement. The ownership
and occupancy test may be satisfied by either spouse. However,
the exclusion may be used only once per couple. So, if you and
your spouse elect the exclusion and then divorce, neither of you
is entitled to a new exclusion, even if you marry someone else
who has not claimed the exclusion.
Your Home Office
The tax law requirements for deducting home office expenses are
tough to meet, but the tax benefits if your office qualifies can
be worthwhile.