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Updated 10 months ago on . Most recent reply

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PK Adi
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Taxes on selling primary property

PK Adi
Posted

Hi, 

I bought a house in 2018 in San Diego and then moved out of state for job reasons in 2022. So basically, I will complete the 2 out of 5 rule in 2025. Can someone help me understand the tax implications if I sell the property before completing the 5 years and after 5 years. 
My tax status is married and joint filing.
Thanks in advance.

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Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
  • Tax Accountant / Enrolled Agent
  • Houston, TX
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Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
  • Tax Accountant / Enrolled Agent
  • Houston, TX
Replied
Quote from @Wayne Brooks:

@PK Adi You have a slight misunderstanding of the “2 out of 5 years” rule.

You have Already fulfilled this. You don’t have to wait until the 5 year mark.  As mentioned above, and to make it clear…..you only have to do 2 things to qualify:

1- live in it, when you buy it, for at least 2 years. You don’t have to wait for the five year mark, you can sell at any time after the 2 years

2- IF you move out, you must sell within 3 years of moving out. This is where the “2 out of 5 years” comes from. If you moved out before you sell the IRS “looks back” for 5 years from the sale date. You must haves lived in it for At Least 2 of those years which means you had to have rented it for Less than 3 of those 5 years (5 minus however long you rented it must equal 2 years or more).

Excellent answer, with two corrections:

A. You don't have to live there for 2 years, because you moved due to job change. You will be eligible for a prorated exemption even if you lived there less than 2 years.

B. Assuming that you converted your property into a rental after you moved, you will still owe taxes on depreciation recapture, as explained by @Basit Siddiqi

  • Michael Plaks
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