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Updated about 1 year ago on .
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Recently married capital gains tax - I'm a citizen, my wife isn't
I am selling my primary residence in San Antonio, TX. My wife is Filipino and not a citizen of the US currently, we married in September of 2023.
My question: While we've only been married for 5.5 months, can we qualify for the joint filing $500k exemption? Specifically wondering if my wife not being a US citizen will disqualify us or something. I've owned and lived at the property since 2021 so I meet those requirements. Just wondering if newly weds can still qualify for the exemption and if my wife not being a citizen will hinder any capital gains tax exemption qualifications. We're selling the property for $350,000
Most Popular Reply

If your basis is at least $100k then you'll be ok regardless since your gain won't exceed $250k.