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Updated over 4 years ago on . Most recent reply

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Andy Liu
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Irs code 121 and prorated

Andy Liu
Posted

Hello .

I sold a property at 2019, and the property was my primary resident for the first 2 years, then was a rental for the last 3 years .I was assuming that I met the requirements for code 121 , but my CPA said quote "Since the property was rented out after owner occupied, the capital gain will be prorated.  "

Is he correct or am I missing something ?

Thanks

Andy

Most Popular Reply

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Basit Siddiqi
Tax & Financial Services
Pro Member
#4 Buying & Selling Real Estate Contributor
  • Accountant
  • New York, NY
3,658
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Basit Siddiqi
Tax & Financial Services
Pro Member
#4 Buying & Selling Real Estate Contributor
  • Accountant
  • New York, NY
Replied

@Andy Liu

Your accountant is incorrect - aslong as you lived in it for 2 years out of the last 5 and you lived in it before you rented it out - you are fine and it should be excluded.

If you rent it out and then you live in it is a different story - in this instance you would prorate.

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Basit Siddiqi CPA
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