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Updated over 7 years ago,

User Stats

23
Posts
14
Votes
Ben Higginbotham
  • Investor
  • Spring, TX
14
Votes |
23
Posts

Capital Gains tax on Former rental then Primary

Ben Higginbotham
  • Investor
  • Spring, TX
Posted

So here is the situation. My wife and I have just sold a property that we have held since 2009, from the time of purchous till May 2016 it was an occupied rental, from may till October of that year it was vacant as I did some repairs. in October we moved in to the home and lived there as a primary residence untill moving across country so I could take a new job. our total time living there was about 9 Mo. 

The house was bought for 60k and sold for 85k with about 7500 in expenses so there is not much capital gains to be taxed but I dont like paying taxes if I dont need to. I read the IRS code to state that because I lived on the property and then moved to take a new job I can take the 500,000 exemption divided by the percent of 2 years that I lived there and Shelter that abount from capital gains, 

9mo / 24mo = 0.375

500,000 x 0.375 =187,500

If I am understanding this right I should be able to shelter 187,500 in capital gains which will more than cover what we pulled out of the property. Is this correct?

PS I do have a tax accountant but I am being told that there is now way to avoid the gains tax unless you have lived there for 2 years.

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