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Can someone help me understand capital gains tax?

Posted on 3/24/19 at 5:47 am
Posted by Leon Spinks
Texas
Member since Aug 2016
2265 posts
Posted on 3/24/19 at 5:47 am
I’m selling my house that I’ve lived in for 21 months and moving on to property that I purchased in November. Since I haven’t lived in the house for 2 years will I be taxed on the profit I make from the house?
Posted by Azazello
Member since Sep 2011
3182 posts
Posted on 3/24/19 at 5:49 am to
The rule states that you must have occupied the residence for at least two of the last five years in order to avoid capital gains tax.



Posted by Leon Spinks
Texas
Member since Aug 2016
2265 posts
Posted on 3/24/19 at 6:19 am to
So the only way for me to avoid this is to stay in my house for 2 years?
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 3/24/19 at 7:15 am to
Did he stutter?
Posted by wickowick
Head of Island
Member since Dec 2006
45805 posts
Posted on 3/24/19 at 7:32 am to
How much money are you making on the sale?
Posted by makersmark1
earth
Member since Oct 2011
15829 posts
Posted on 3/24/19 at 7:55 am to
For a personal residence, I think you get to exclude $500K if married and $250K if single.

LINK
Posted by ynlvr
Rocket City
Member since Feb 2009
4587 posts
Posted on 3/24/19 at 8:27 am to
But does he have to meet the 2 year residence rule first to enjoy the $250/$500 exemption?
Posted by Hand
far side of the moon
Member since Dec 2007
2064 posts
Posted on 3/24/19 at 9:12 am to
quote:

But does he have to meet the 2 year residence rule first to enjoy the $250/$500 exemption?


Yes.


From the link makersmark1 provided:

quote:

To claim the exclusion, you must meet the ownership and use tests. This means that during the 5-year period ending on the date of the sale, you must have:

Owned the home for at least two years (the ownership test)
Lived in the home as your main home for at least two years (the use test)
Posted by LSU1018
Baton Rouge
Member since Feb 2007
7220 posts
Posted on 3/24/19 at 9:17 am to
Even if you don’t make the 24 months, you are only taxed on the profit and you can deduct fees. Are you making that much profit?
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37093 posts
Posted on 3/24/19 at 10:07 am to
quote:

The rule states that you must have occupied the residence for at least two of the last five years in order to avoid capital gains tax.


There are some exceptions to the two year rule that would allow a partial exclusion. Mainly, the house you are in has to no longer be workable due to relocation (more than 50 miles away) or change in family size.

OP, remember the gain is (selling price) less (purchase price of home) less (costs to sell home). Nothing to do with amount of cash put up, mortgage balance, etc.
Posted by Leon Spinks
Texas
Member since Aug 2016
2265 posts
Posted on 3/24/19 at 10:08 am to
30K profit
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37093 posts
Posted on 3/24/19 at 10:16 am to
quote:

30K profit


Nice.

Any change you have any stocks you can sell at a loss to offset that capital gain?
Posted by Leon Spinks
Texas
Member since Aug 2016
2265 posts
Posted on 3/24/19 at 10:22 am to
I have no idea. All I have is XOM stock and I don’t want to sell it.
Posted by auisssa
Member since Feb 2010
4178 posts
Posted on 3/24/19 at 12:04 pm to
Sell it. Pay the taxes

But make sure you find every amount you paid to fix or maintain the house. That can reduce the 30K. Start by looking on your credit card statements for Lowes and Home Depot, etc.
Posted by Leon Spinks
Texas
Member since Aug 2016
2265 posts
Posted on 3/24/19 at 12:08 pm to
I don’t own a credit card
Posted by jrowla2
Colorado
Member since Jan 2007
4077 posts
Posted on 3/24/19 at 12:41 pm to
Im sure it crossed your mind but why cant you wait another 3 months before selling and avoid capital gains tax? Even if you move to the new property, no one will know the difference on your old place being your "primary residence".
Posted by Leon Spinks
Texas
Member since Aug 2016
2265 posts
Posted on 3/24/19 at 2:05 pm to
Thinking about just asking the buyer to move in while I pay the note until June and then signing the paperwork at that time.
Posted by castorinho
13623 posts
Member since Nov 2010
82030 posts
Posted on 3/24/19 at 2:28 pm to
quote:

Thinking about just asking the buyer to move in while I pay the note until June and then signing the paperwork at that time.

LSUfanhouston will probably know the answer, but this seems like it'd fail the "use test."
Posted by mtcheral
BR
Member since Oct 2008
1936 posts
Posted on 3/24/19 at 6:07 pm to
Maybe you can set it up as a lease for a few months then sale later. Don’t just let them move in though.
Posted by castorinho
13623 posts
Member since Nov 2010
82030 posts
Posted on 3/24/19 at 7:26 pm to
quote:

Maybe you can set it up as a lease for a few months then sale later. Don’t just let them move in though.
quote:

Lived in the home as your main home for at least two years (the use test)
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