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Tax Information on Selling Your Home

Selling your home this summmer, or thinking about selling your home this summer... or beyond? Then read on for some input on the federal side of things.

Recently, I have come across a few articles on housing that paint a positive picture and future as opposed to what we have been seeing the last few years. So if a home sale is on the horizon for you this summer, then read on (and/or watch this IRS "Selling your home" YouTube vid) for some points to consider from the federal tax side on things.

Besides the video, the IRS offers some good reading on the subject in IRS Publication 523, Selling Your Home. Pub 523 is comprehensive and explains the tax rules that apply when you sell your main home. (In most cases, your main home is the one in which you live most of the time.)

Some of those rules/content include(s):

  • Reporting the sale.
  • Business Use or Rental of the home.
  • Factors used to determine Main home.
  • Determining the basis in your home.
  • Figuring the gain or loss.
  • Speaking of gain or loss...if you have a gain from the sale of your main home, you may qualify to exclude all or part of that gain from your income. The two key requirements to this include the ownership and use tests (there is a third test too)---and they are outlined in Pub 523. That exclusion limit is up to $250,000 in cap gains (from the sale) if you are a single taxpayer or up to $500,000 for those who file jointly. So a quick example, say you are a single taxpayer and you meet the tests (i.e. you qualify for the exclusion per the law) and you sell at $350,000 when your basis was $200,000, then that $150,000 capital gain would normally be excluded from taxation.

  • If you or your spouse are on qualified official extended duty in the Uniformed Services, the Foreign Service, or the intelligence community, you may elect to suspend the five-year test period for up to 10 years. You are on qualified official extended duty if, for more than 90 days or for an indefinite period, you are:
    • At a duty station that is at least 50 miles from your main home, or
    • Residing under government orders in government housing.

There are other nuances to think about based on your complete set of facts and circumstances...things such as installment sales, for example. If you sold your home under a contract that provides for all or part of the selling price to be paid in a later year, you made an "installment sale". If you have an installment sale, you would report the sale under the installment method unless you elect out.

Bottom line is to offer you some resources so that you can make the most informed / best decision. To that end, here are two more avenues: IRS Publication 537, Installment Sales, since I brought it up, and IRS Publication 530, Tax Information for Homeowners.

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Vicki Campbell June 17, 2013 at 04:42 pm
Prop A will help residents and stop greedy developers from buying city council. Vote YES
Rick Moore June 18, 2013 at 09:27 am
I wholeheartedly agree with the recommendation that folks read the initiative. When you readRead More sections 6 and 9, you will see that Prop A sets a 30-foot or 2-story ceiling across the entire city, overriding lower height limits in many areas. The Downtown Specific Plan limits residences to 22-26 feet, as detailed on the DEMA website, so Prop A would actually allow the building of taller homes. It makes no exemptions or allowances for historic buildings like La Paloma, church towers or other structures over 30 feet high; the only exceptions are medical complexes and public high schools (see clause 6.2). Rebuilding or renovating (more than 50%) would require expensive public votes. Should the SRF be required to pay for an election to rebuild the Lotus Tower? Such contingencies are allowed for in our Historic Overlay Zone, which would clearly be overridden by Prop A. So is the Encinitas Preservation Association's plan to convert one of the boathouses to a museum. Again, Prop A would require an election (see section 4.1, clause e), which the EPA cannot afford. Prop A would thus favor large developers who have the money, time, lawyers and other resources to campaign for their project. How many nonprofits and small businessmen can afford to spend a minimum $30,000 just to get their project on a general election ballot (upwards of $300,000 for a special election like this one)? Yes, folks, please read the initiative, especially Section 9, which lays waste to anything that conflicts with it. That's why this has been dubbed Propzilla. I trust that most Encinitas citizens are smart enough to see that this meausre is deeply flawed, problematic and counter-productive. We can find much better ways to limit growth and preserve community character.
BlueAngel2 June 18, 2013 at 10:20 am
SAVE ENCINITAS FROM RANCID DEVELOPERS. VOTE YES ON PROP A!
BlueAngel2 June 15, 2013 at 09:47 pm
It would NOT surprise me. I thought we dumped Stocks. Why is he still around?
Encinitas YES on A June 16, 2013 at 02:44 pm
My YES on Prop. A sign was stolen yesterday. Other YES on Prop. A signs are disappearing. YetRead More another deceptive and untruthful mailer from the opponents of Prop. A was in my mail box. There's a shrillness and desperation in their opposition. They can't rely on facts and fair play. Polling data not looking good?
BlueAngel2 June 16, 2013 at 03:17 pm
YES ON PROP A will be victorious!
BlueAngel2 June 8, 2013 at 11:20 am
It just goes to show if Stocks or any of his puppets are involved, you will not hear the truth aboutRead More this proposition. They continue to confuse the issue. Please do not throw your vote away to ruin our city and enhance the developer's pockets who do not care what they do to our beautiful Encinitas. Vote YES on PROP A!
TB-ENC June 7, 2013 at 02:01 pm
How is this not a racist group with Hispanics in California at 14 million second behind whites atRead More 14.8 million. We only need one chamber to represent all Californians.
BlueAngel2 June 8, 2013 at 02:09 pm
So any group other than white is a racist group?
Miranda Klassen June 5, 2013 at 10:39 am
Congrats to all on the groundbreaking. Reesey has done an incredible job with making Lux what it isRead More today!
BlueAngel2 June 4, 2013 at 10:40 am
Vote YES on PROP A! The City Council is not experienced in real estate, zoning, construction orRead More development to make decisions for us.
CardiffCreature June 4, 2013 at 10:44 am
Prop A will not control growth. It will make sure that BOTH the council and the public get toRead More directly weigh in on the deals being brokered between big developers and the city. This won't end the indirect developer subsidies, but it sure will help.
Lynn Marr June 6, 2013 at 02:26 am
Yes, it will help to slow growth, by making sure that the public approves raising height limits orRead More upzoning, for developments over the parameters of a MAXIMUM of 30 ft. and two stories. Lower set height limits will not be repealed, because they are not in conflict with the initiative or the General Plan. David Ahlgren's fear and speculation is not backed up by one single fact. He just raises the usual building industry "mantra" of alleged risks created by unnamed "unintended consequences." Council's attempt at a preemptive ordinance does NOT guarantee that will be placed on the ballot in 2014, and does NOT eliminate other loopholes such as the "less-than-5-acre" exception, the "categorization of intensity of use" exception, and the height limit exception. The only loophole that Council's drafted ordinance affects is Council's ability to vote by a 4/5 supermajority on upzoing if it is done with respect to a "significant public benefit." Not only is Council's recently drafted ordinance NOT guaranteed, in that a future Council could reverse it, if it is not enacted through a public vote, but also Council's attempt at preempting the "right to vote on upzoning and raising height limits initiative" DOESN"T eliminate the other loopholes that still exist in our General Plan, Policy 3.12., which exceptions I've spelled out, here.
Lynn Marr June 6, 2013 at 02:37 am
An initiative to Prop A has worked in Escondido, without any lawsuits. "In the 26-yearRead More history of Encinitas, no council has ever used this provision to approve a major project without first a vote of the people." That's completely untrue. The North 101 and Downtown Encinitas Specific Plans were pushed through by the Planning Department, the Planning Commission and a supermajority of past Council AGAINST the wishes of citizens, against years of feedback from Specific Action Review Committees (Sparc)s and Community Advisory Boards (CABs), who wanted to stay with the limits of the General Plan of two stories, 30 ft, MAX, with certain exceptions, consistent with the Initiative! Just posting your opinion without any supporting evidence, Mr. Stocks, is only hurting your "cause." We and everyone we know, all our friends and neighbors, are voting YES on A! Voting YES is best if you want to take back your ability to help slow growth and to take back local control. Yes on A is a vote for Democracy and against insider influence and spinmaster jive promoted by marketing masters of misinformation, attempting to manipulate the uninformed masses with distortions of the truth. We don't need to be spoon-fed our opinions, but can think for ourselves, and act to protect and preserve our community character and our quality of life.
Greg Hay June 6, 2013 at 07:19 pm
Lies, lies and more lies. That's all the supporters of "No on Prop A" can come up with.Read More Even their slogan is weak and devoid of anything of substance… "It's not what it seems"… Really, THAT'S your argument against it?
BlueAngel2 June 6, 2013 at 07:22 pm
YES on PROP A which is NOT deeply flawed and very well written.