Real Estate Capital Gains Taxes on the Sale of a Home (Updated for 2022)

When you are about to sell your home, one of the first things that you should consider is if you will have to pay capital gains taxes on the sale. This is a topic that hasn’t come up much in recent years with property values declining, nevertheless, it should be on the radar of those joining the world of home ownership.

Capital Gains on the Sale of a Home: A Good Problem to Have

If you have to pay capital gains on the sale of a home, it’s really not a bad problem to have. It means your house has appreciated in value since you have purchased it. You’re luckier than just about anyone who has bought a home in the last 10 years! That being said, there are certain rules and exceptions that can exclude you from paying capital gains on the sale of property that should be at the top of your mind.

Real Estate Capital Gains Principal Residence Exclusion

There is a huge real estate capital gains tax exclusion that allows you to exclude $250,000 in profit (individual) or $500,000 in profit (married filing jointly). In order to be eligible for exclusion from having to pay capital gains, you must have lived in the home as your principal residence for 24 months out of the last 5 years.

real estate capital gains home sale

Why should you pay attention to this? Well, if you are considering when to sell your home and you know that you will make profit on it, but you’re not quite to that 24 month mark, you may want to consider holding until the two year mark.

Exceptions to the 24 Month Rule

If you lived in your home less than 24 months, you still may be able to exclude a portion of the exclusion amount.

According to the IRS, principal residence exclusions (primary home) are allowed for certain work-related moves, health-related moves, and “unforeseeable events” that may happen during the time you lived in and sold the home, including:

  • Your home was destroyed or condemned.
  • Your home suffered a casualty loss because of a natural or man-made disaster or an act of terrorism. (It doesn’t matter whether the loss is deductible on your tax return.)
  • You, your spouse, a co-owner of the home, or anyone else for whom the home was his or her residence:
  1. Died
  2. Became divorced or legally separated
  3. Gave birth to two or more children from the same pregnancy
  4. Became eligible for unemployment compensation
  5. Became unable, because of a change in employment status, to pay basic living expenses for the household (including expenses for food, clothing, housing, medication, transportation, taxes, court-ordered payments, and expenses reasonably necessary for making an income).

Capital Gains Partial Exclusions

The maximum partial exclusion that one can use if they meet one of the previously mentioned exclusions is limited to the percentage of the 24 months that the person fulfilled the requirements. As an example, if you owned and occupied a home for one year (half of two years) – you may exclude half the regular maximum amount, or up to $125,000 of gain ($250,000 for most married filing jointly returns). The proportion may be figured in days or months.

How do you Report Capital Gains on Real Estate in your Tax Return?

You must use IRS Form – Schedule D to report gains. When you have owned your home for less than a year, it is considered a short-term capital gain. Over a year is considered a long-term capital gain.

Can you Deduct Capital Losses on a Home Sale from Taxes?

Sorry, no. Real estate capital gains (and capital losses) are treated completely differently than other investments. Capital losses on home sales cannot be deducted.

What About Exemptions on Capital Gains for Investment Property?

Sorry, you are not excluded from paying capital gains. In fact, capital gains on real estate were primarily created to take a cut of investment property gains. This goes back to the home needing to be your principal residence for two years rule.

More Real Estate Capital Gains Tax Help

If this is a topic that hits ‘close to home’ (pun intended), you may also want to check out these IRS articles:

Home Sale Taxes Discussion:

  • Have you had to pay capital gains on a home sale?
  • Have you been eligible for the exclusion on a previous sale?
  • Did you wait to hit two years before selling to be eligible for the exclusion?

Related Posts:

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