Real Estate Investor · Woodstock, GA · Member since 2014 · 29 posts · 0 votes
I regularly flip houses, and consider it my business for tax purposes. Thus, I pay income tax, as well as self employment tax on my gains. I am planning to sell my personal residence, most likely with a profit, and would appreciate input on the tax consequences. I will not qualify for the exemption because I did not own and use the property for 2 years. However, I will have owned the home over a year. My understanding is that I will owe long term gain tax. However, I want to be sure this is right. If my business is basically flipping homes, I want to make sure I shouldn't include this in my regular income as well (and pay income plus self employment based on the gain). I am living in the home. Let me know if you need more information to answer this question. Thanks so much!
you could make the case that work caused you to move so you could still take the exemption if you can substantiate that indeed work did make you relocate...
I understand the exemption law. It will not apply in this case. I want to know whether it will be taxed as long term capital gains or if it will be taxed as business income (which would also be the additional 15% self employment). I would think it would be capital gains, but I'm not sure if the IRS would say it is rather part of my business. I planned to live here longer, but the move is a better investment/opportunity/location. It is not part of the exemption or exception whatsoever.
Probably best to find someone in your shoes to tell you how this worked out for them when they had a flipping business. I do believe Long term gains you need to own things for 18 months.
Probably best to find someone in your shoes to tell you how this worked out for them when they had a flipping business. I do believe Long term gains you need to own things for 18 months.
Correct me if I'm wrong, but you are saying that based on these facts this is a long term gain rather than income? I purchased the home in April 2013, but did not move into it until December of 2013. I plan to sell the home within the next few months. I am definitely selling, rather than holding onto the property until December 2015 (ownership and use exception). Therefore, when filing my tax return this is a long term investment not regular income (of which I would pay self employment tax)?
The home in question is your primary residence and is subject to short/long-term capital gains tax, not business income tax. Your flips are basically your inventory, since you lived in your personal residence, it is not inventory and not subject to income tax.
@Jacob Patterson You should not be paying SET on all of the income, anyway. I am not an accountant, but you need to ask about using a LLC that is taxed as an S-Corp for flipping. Only a "reasonable salary" need be taxed at SET rates.
Lots of other things you can do to reduce even that, such as having a self directed 401K. Talk to a real estate savvy CPA quick, before the end of the year hits and it is too late!
That is your primary residence and being used as such. Unless you purchased it in the business name there is no issue with that. IF there is a nice gain on it I'd recommend living there a bit longer if you can (hit two year mark) to the home sale exclusion.
@Walt Payne , Unless a lot of other factors are involved he cannot utilize most as offsets.