HOMEOWNER’S EXCLUSION — IRS CODE SECTION 121
The 1997 Taxpayers’ Relief Act applies to any sale of a principal residence made on or after May 7, 1997. Couples filing a joint return can exclude up to $500,000 of gain on a sale of a principal residence. Single return filers can exclude up to $250,000 of gain. The savings from the exclusion may be a source of cash for individuals to use for retirement, investing or any other purpose.
In order to qualify for this exclusion the following rules must be followed:
• For couples, the home must have been used by both spouses no less than two of the last five years.
• For single taxpayers, the home must be used as their residence for at least two of the last five years. These years to not need to be consecutive.
There is no limit to how many times a taxpayer can that this exclusion.
• Gain in excess of applicable exclusion ($500,000 or $250,000) is taxed at the appropriate capital gains rate. This should be reported on Schedule D (Form 1040) Capital Gain and Losses.
• Exclusion does not apply to vacation or second-home properties.
It should be noted that in the opinion of some this law is the most significant tax-saving opportunity for home owners. The opportunity to receive tax free income by not having to pay taxes on realized gain multiple times by selling a principal residence that complies with the above rules is . . . . HUGE!
HOWEVER, how long will this credit last given the size of our current Federal deficit?
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