Tax Question

karlK profile photo

Not sure where to ask this
If seller owned house more than 1 but less than 2 years - does it go as long term capital gain?
If so - for normal folks - what will the tax rate be this year ?

Comments(4)

  • TheShortSalePro9th December, 2003

    I'm not a CPA, and I don't run into this too much (equity, that is) but I seem to recall that to qualify for an exemption ($250K in profit as a single, $500K if married, filing jointly) from capital gains on the sale of a house, the Seller must have used the home as a principal residence in at least 3 of the previous 5 years.

    I think that the Seller may still be able to roll-over any profits on an unqualified sale to the purchase of another property if done within a certain time period.

  • jvandp9th December, 2003

    that 250/500k amount is called the Home Sale Exclusion. you only have to meet two tests to qualify

    1 Ownership interest in the home in question.

    2 Home in question qualifies as principal/primary residence for 2 of the last 5 years.

    thats it. one of the easiest parts of the IRC to figure out.

    if you meet both tests, you can do this once every two years , if you partially qualify you get to use a partial amount of the 250 or 500 in direct relation to the number of days you qualify for the two above tests. it gets a little more involved when you try to claim a partial or use this exclusion more often than once every two years.

  • karlK9th December, 2003

    Im asking about someone who does not meet the exclusion - lived there more than 1 year and less than two.
    Doesnt this qulify for cap gains?
    What is cap gains tax rate for normal folk?

  • myfrogger9th December, 2003

    http://www.thecreativeinvestor.com/modules.php?name=News&file=article&sid=415

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