What's the best tax break available to
homeowners? If they're homeowners, it's selling their house. Homeowners
already know the many tax breaks that Uncle Sam offers, most notably
mortgage interest and property tax deductions.
Well, Uncle Sam also has good tax news for home sellers, most of them
won't owe the Internal Revenue Service a single dime, that's exciting
news, right. When you sell your primary residence, you can
make up to $250,000 in profit if you're a single owner, twice that if
you're married, and not owe any capital gains taxes.
"Most
people are not going to have a tax obligation unless their gain is
extrodinarily huge. Some sellers are surprised by this break,
especially if they've been in their homes for a while.
Well
before May 7, 1997, the only way you could avoid paying taxes on your
home sale profit was to use the money to buy another, more-expensive
house within two years.
Sellers age 55 or older had one other option, they could take a
once-in-a-lifetime tax exemption of up to $125,000 in profits. And in
all instances, there was tax paperwork (Form 2119) to fill out to show
that you followed the rules.
But
when the Taxpayer Relief Act of 1997 became law, the home-sale tax
burden eased for millions of residential taxpayers. The rollover or
once-in-a-lifetime options were replaced with the current per-sale
exclusion amounts.
"There
is some logic to this law change because most people under the prior
rules didn't recognize a taxable gain because they rolled it over into
another residence, "the change essentially makes it easier to dispose
of your residence."
Still
some requirements to need to be met
If
you used pre-1997 rules for residential sales, don't worry. That
doesn't disqualify you from claiming the exclusion on any residential
sales now, the law change applies to all sales since it took effect.
Another
bonus of the new rules: You don't have to buy another home with your
sale proceeds. You can use the money to travel to Europe in style, buy
an RV and drive across the country or get all those designer shoes you
never could afford before.
Even
better, there's no limit on the number of times you can use the
home-sale exemption. In most cases, you can make tax-free profits of
$250,000 (or $500,000 depending on your filing status) every time you
sell a home.
But
we are talking taxes here so you did notice that phrase "in most
cases," didn't you? There's always a catch. Before you put a "For Sale"
sign in the yard, you need to make sure your house-sale situation is
one of those "most cases."
First,
the property you're selling must be your principal residence, that
means you live in it. This tax break doesn't apply to a house or other
property that you have solely for investment purposes or rental
property which falls into another Tax category. In those cases, the
usual capital gains rules apply.
You
can, however, turn a rental house into your primary residence, making
the sale of it eligible for the exclusion. This is accomplished when
you meet the IRS use and ownership tests: You own and live in the home
for two out of the five years before the sale.
If you are considering
Retirement Planning, call for a free consultation today.