Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. 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.
Personal Finance
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 almost 6 years ago,

User Stats

4
Posts
2
Votes
Karim Hafez
  • Flipper/Rehabber
  • San Jose, CA
2
Votes |
4
Posts

Exemptions on sale of a jointly owned/occupied primary residence

Karim Hafez
  • Flipper/Rehabber
  • San Jose, CA
Posted

I have read through read Voss v. CIR, the memorandum for Inspections of Sections 469(g) and 121, scoured the web, and have attempted to find an attorney/CPA with no luck to help me answer a the question stated below:

I am selling a home (currently in escrow) in the Bay Area that I have owned as my primary residence jointly with my parents since 2004 (not purchased in a like-kind 1031 exchange). We all meet the ownership and primary residence eligibility tests. I estimate that our net gain will fall in between $700K-$762K. I am curious if anyone has experienced a sale with gains in excess of $500K with joint owners. 

I am specifically looking to understand if I can take the $250K exemption while my parents take a simultaneous $500K exemption. If you know of a CPA or Attorney in CA that would be helpful in the matter I am more than happy to consult with them.

Section 121 of the IRS code has examples but does not provide examples where the gain is in excess of $500K, so I am trying to get a clear understanding of how to manage the distribution of the gain. Here is a link to the best supporting material I have been able to find.

https://www.thetaxadviser.com/issues/2017/apr/tax-issues-nontraditional-households.html#fn_78

Thank you in advance for any help/insight. 

Loading replies...