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Updated almost 11 years ago,

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.

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