Capital Gains Tax on Primary in Florida

Capital Gains Tax on Primary in Florida

Salt Lake City, UT · Member since 2019 · 9 posts · 3 votes

Hey BP! I’m doing some research for my mom and I just want to make sure I’m on the right track.

She wants to sell her primary residence in Boca Raton, Florida (she’s owned it for like 15 years) so she has cash on hand to buy a foreclosure to fix up. It is fully paid off, she is not currently working so doing a cash out refi and renting it is not an option.

Is it correct that since it is her primary residence, she is exempt up to $250,000 from capital gains tax and the money does not technically have to be put into another property? She’s worried about a time limit but I think it’s because my Aunt sold a rental property and didn’t reinvest in time and now my mom is worried it’ll happen to her if she doesn’t buy another property within a certain time limit.

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  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    6y

    As long as she has both owned and occupied it for 2 of the last 5 years she can exclude up to $250k of gains tax free. 

    IRC Section 121 Primary residence exclusion. 

  • Jon HuberPro Member
    Rental Property Investor · Boca Raton, FL · Member since 2014 · 1k+ posts · 713 votes
    6y

    @Austyn Victoria  I would hate to see someone sell an appreciating asset, simply to pull the equity out of it. Has she discussed a Home Equity Line of Credit with a mortgage specialist? I live in the area, and there is a ton of hard money that would entertain a line of credit with a simple lien on her primary. 

  • Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes
    6y

    If she sells her primary what's her plan for her new primary? Is she going to move into the foreclosure? Just to add to what @Natalie Kolodij said, your mom isn't in the same situation as your aunt. You can't 1031 out of your primary residence.

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