Skip to content

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
×
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
BPCON2026 Orlando

October 2 - 4 Early Bird tickets are now ON SALE. Purchase your tickets today and save $100!

Get tickets
BPCON2026 Orlando

October 2 - 4 Early Bird tickets are now ON SALE. Purchase your tickets today and save $100!

Get tickets
Followed Discussions Followed Categories Followed People Followed Locations
Tax, SDIRAs & Cost Segregation
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 over 12 years ago on . Most recent reply presented by

User Stats

27
Posts
5
Votes
Cary Trusty
  • Investor
  • Indianapolis, IN
5
Votes |
27
Posts

Capital Gains Tax - 'Use' test exemptions

Cary Trusty
  • Investor
  • Indianapolis, IN
Posted

I'm looking for some feedback to get an idea on how much I'll need to put back for taxes on capital gains from the sell of my first home.

Scenario:

I purchased my home March 15th, 2013. I moved in the week after, and since I don't plan on selling for the next month or two, I should be over a year and a day (to have long term capital gain rates applied) but less than 2 years to pass the Use test to be exempt for the $250k capital gains. At this point, I'm looking at the possible exemptions to qualify for the reduced capital gain exemption. The only opportunity I see is that I purchased the house with a family in mind (long term girlfriend and her daughter living with me), and that relationship didn't work out. The devil's advocate in me would say that wouldn't count due to 'relationships come and go' and they possibly only look at marital situations (Publication 523 > Unforeseen Circumstances seems to point that way). Therefore, that would bring me to the fact that my ex should have been a Qualified Individual (she used it as her main home) and she did go on unemployment. I wonder if that would qualify as an Unforeseen Circumstance.

Finally, my mother lost her job, sold her home, and moved in with me while on unemployment as well. I don't think that could help my situation at all though.

Thoughts?

FWIW - Capital gains I'm estimating at this point between $15-30k. Not a huge amount but being new to REI and being my first accidental (long-term flip), I'd like to get a good handle on the capital gains tax.

Loading replies...