Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
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 about 7 years ago on . Most recent reply

User Stats

39
Posts
9
Votes
Rachid B.
  • College Station
9
Votes |
39
Posts

Capital gain tax 5 years rule question

Rachid B.
  • College Station
Posted

Hi everyone, 

I would appreciate if someone can answer this question for me.

I bought a house in Houston in March of 2012. We lived in it for two years and been renting it since.

I am selling my house next month which will make it 5 years and 8 months.

Can I qualify for exemption from capital gain tax?
Thanks in advance

Most Popular Reply

User Stats

8,976
Posts
9,349
Votes
Dave Foster
Professional Services
Pro Member
#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
9,349
Votes |
8,976
Posts
Dave Foster
Professional Services
Pro Member
#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
Replied

@Michael Plaks, @Dave Toelkes is right.  The three tests limit the look back to a 5 year period prior to the sale of the property.  It must have been the residence of the owner/taxpayer for a cumulative, not consecutive, 24 months out of the 60 months prior to sale.  

What will really bite is if the current reform proposal is approved that will increase to a 5 year residency period out of the 8 years immediately prior to sale.

  • Dave Foster
business profile image
The 1031 Investor
5.0 stars
87 Reviews

Loading replies...