Capital Gains Selling Primary Residence – The over-55 home sale exemption was a tax law that gave homeowners over 55 a one-time capital gains exclusion. Individuals who met the requirements could exclude up to $125,000 in capital gains on the sale of their personal residences.

The exemption for home sales over the age of 55 has not been in place since 1997. This exclusion was intended to stimulate the real estate market and reward homeowners for the purchase and subsequent sale of their homes. It was replaced by other exclusions for anyone who profits from selling their main residence regardless of age.

Capital Gains Selling Primary Residence

The over 55 home sale exemption was introduced to give homeowners some relief from the tax consequences of selling their home. The exemption no longer exists as it was replaced by new rules when the Taxpayer Relief Act of 1997 was ratified. This law was one of the largest tax reduction laws introduced by the United States government.

How To Avoid Capital Gains Tax On Inherited Property

Under the old rule, qualified taxpayers could avoid paying taxes on the sale of their home, provided it was a primary residence. Taxpayers who took the over-55 home sale exemption filed Form 2119 with the Internal Revenue Service (IRS). The form was used even if the taxpayer deferred all or part of the gain to another tax year. Taxpayers were required to report losses that resulted from the sale of their home on Form 2119. However, according to the IRS, taxpayers could not deduct the loss from their tax burden.

Back then, home sellers had an alternative to the exemption. To avoid tax payments, sellers could use the proceeds from the sale to purchase a more expensive home within a two-year window.

When the exemption was in effect, there were several criteria for homeowners to qualify. The seller, or at least one estate agent, had to be 55 years old on the day the home was sold. For married couples, only one spouse was required to meet this condition. This spouse also had to be a real estate agent on the date of the property transfer for the exemption to apply. Only one exemption was granted per married couple, which would exclude one spouse being able to claim the exemption for one sale and the other spouse making a claim for a later sale.

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But there was a loophole. If a primary residence was jointly owned by two or more unmarried persons, it was possible for more than one real estate agent of the appropriate age to qualify for the exemption. For the home to qualify, the owner had to own and use the property as a primary residence for at least three out of the five years immediately preceding the sale of the home. There were personal allowances for time taken away for holidays or medical care.

How Capital Gains Affect Your Taxes

Prior to 1997, to receive the exemption, the seller or at least one property owner had to be 55 or older on the date of sale to qualify for it.

After the passage of the Taxpayer Relief Act of 1997, the new home sales tax burden eased for millions of home taxpayers regardless of their age. The rollovers or one-in-a-lifetime options corresponding to the exemption for home sales over the age of 55 were replaced with new exclusion amounts per sales.

Homeowners may qualify to exclude all or part of the gain from the sale of their principal residence from their income. The law raised the amount of excluded gain to $250,000 per taxpayer or $500,000 on a joint return filed by a married couple. The law also allowed more than one exclusion per taxpayer per lifetime. However, the taxpayer cannot exclude the gain from another home sale during the 2-year period ending on the date of sale.

After 1997, homeowners are required to pass ownership and occupancy tests if they wish to qualify for these exemptions. To meet the ownership test, taxpayers must have owned the home for at least two years. The use test, on the other hand, requires sellers to live in the property as their main residence for at least two years. Both tests must be met during the five-year period up to the date of sale. Homeowners who use their home for business or rental income may also qualify. They must also pass home ownership and utility tests.

Guide To Taxes On Selling A House

For example, if a person bought a property in 2000 and lived there until 2001. The owner then rented the property for the following two years. The owner decided to move back when the tenant left and lived there until 2005. The owner then sold the property. In this case, the owner may still be entitled to the exemption because the property has been used as a primary residence for at least two of the five years leading up to the sale.

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Prior to the passage of the Taxpayer Relief Act of 1997, qualified homeowners age 55 or older were not required to pay taxes on the sale of their primary home. When the law was passed, it removed the age requirement from the home sale exemption.

Seniors, along with everyone else, can receive a tax break on the amount they earn from selling their home if they meet specific criteria, such as having owned and lived in their home for two years before selling.

The Taxpayer Relief Act of 1997 was ratified into law and contained various tax relief to help stimulate the US economy. Among the items were reduced tax rates and tax credits such as Roth IRAs and child tax credits.

What Is The 2 Out Of 5 Years Rule?

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Understanding Capital Gains Tax And Selling Your Property — Philly Home Girls

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