Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 6 years ago on . Most recent reply

User Stats

8
Posts
0
Votes
Alexander Fichel
  • Walnut Creek, CA
0
Votes |
8
Posts

2 out of 5 year ownership requirement

Alexander Fichel
  • Walnut Creek, CA
Posted

I've searched this forum and googled and checked irs.gov, and still fail to understand this requirement about ownership. Everyone seems to ask questions about the residence requirement which I get. You have to live there 2 non contiguous years out of 5. But for for ownership requirement, how can you own the home for at least 2 years out of the last 5? This wording is throwing me off. How can I not own the house preceding the sale. Why can't they just write, you have to own the house for at least 2 years proceeding the sale. What does the "within 5 years" mean? How can you own a home for 3 years, and then not own it for 2 years and then sell a home you don't own??

From irs.gov site:

Eligibility Step 2—Ownership

Determine whether you meet the ownership requirement.

If you owned the home for at least 24 months (2 years) out of the last 5 years leading up to the date of sale (date of the closing), you meet the ownership requirement. For a married couple filing jointly, only one spouse has to meet the ownership requirement.

irs eligibility

Most Popular Reply

User Stats

7,727
Posts
9,592
Votes
Bill B.#3 Syndications & Passive Real Estate Investing Contributor
  • Investor
  • Las Vegas, NV
9,592
Votes |
7,727
Posts
Bill B.#3 Syndications & Passive Real Estate Investing Contributor
  • Investor
  • Las Vegas, NV
Replied

@Alexander Felice @Dave Foster

Alexander, I don’t get around much, but I have NEVER heard of the time you rent from a landlord being counted for a tax exempt sale ownership period.

Every example I’ve ever heard is about rental versus primary homestead percentages during your ownership. I’m hoping dave will have concrete knowledge on this and if I’m wrong I’ll earn something again today. There’s just sooo much room for abuse if you count your time as a renter. 

Loading replies...