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All Forum Posts by: Sharon Li

Sharon Li has started 5 posts and replied 6 times.

My parents purchased a property back in 1994, which they used as their primary residence until around 2012, then started renting it out. They'd like to move back into the home and live there for 2 years before selling, so they'd qualify for the 2 of 5 year residency requirements. However, they talked to a CPA, and were told that would not work, citing a special rule enacted in 2009 limiting the $250,000/$500,000 exclusion for homeowners who initially use their home for purposes other than their principal residence, such as a rental or vacation home. I told my parents that the CPA is perhaps mistaken, since the home was used as a primary residence initially before it was ever a rental home, and to go back and clarify with the CPA. However, the CPA did not respond to further questions.

Everything I've read so far seems to indicate that my parents would qualify for capital gains tax exclusion under the 2 of 5 year rule. Am I understanding this correctly or missing something?

My tenants have occupied my CO rental home for many years now, and over the years, they've repeatedly expressed interest in purchasing my property. We don't have a lease to own/purchase agreement in place, just a regular lease, and I've entertained the idea over the years. We've discussed potential purchase price and giving them some rental credit over emails, but never signed any agreements, and the conversation usually ended in them needing more time to secure funds. Last year, they approached me again and believed they were finally ready to move forward. At the time, I was still interested in selling, but the deal ultimately ended since they couldn't secure financing. They're currently under an active lease until this summer, and I didn't expect the topic to come up until then. However, they recently approached me and said they should be able to get a mortgage approval next month. I was a little surprised since they hadn't told me that they have been working towards getting approval since the last deal fell through, and since then, I've had some personal events come up, so I told them I'd have to delay the sale, but let's discuss later this summer. After a lot of thinking, I'd actually like to hold on to this property instead of selling. 

Do I have a legal obligation to sell? Again, there was never a "yes, I promise I'll sell," just that I'd be interested, and of course had entertained the idea several times in the past, to include discussing prices/credits, but no paperwork was ever signed.

Im active duty military, and am planning on selling one of my homes (Property #1) in the next several months, which meets the 2/5 capital gains tax exclusion criteria of having both owned and lived in it for 2 of the last 5 years prior to selling (and my understanding is that the rule actually extends to 15 years for the military). My tenants in a different property (property #2) have interested in purchasing my home, and we had agreed on a deal several months ago, but at the time, they could not secure financing, so they continued renting. They unexpectedly reached out today and stated they they were close to getting financing, and asked if I’d honor the deal we originally agreed on. I’d meet the 2 of 15 rule (But not 5...I lived there prior to property #1)l and the total capital gains tax would not exceed $250k. However, since the sale would take place around the same time, am I correct in assuming that only one would be exempt? The gains for Property #1 would be significantly bigger, so would I need to sell that one first? Even though both meet the 2 of 10 rule (and I moved out of both due to military re-assignment).

I purchased my house as a primary residence back in July 2017, lived there for just over two years (until Sep 2019), then moved out due to military re-assignment. I then rented the house out for slightly over one year, and am about to sell it. Since I owned and lived in the house for at least two years, does it qualify for capital gains tax exclusion under the 2/5 rule? All the examples I found were converting rentals to primary residences, wasn't sure if the same applied the other way around as long as I met the 2 year ownership/residence requirement. 

@John Underwood When you say "just tell them you bought the house," is there a particular form to fill out and provide to them? Was the switch fairly quick, or was there a month or two lag before you started receiving payments? 

We're attempting to purchase a rental property in Marietta, GA that currently has a Sec 8 tenant in place until July 2019. The tenants intend to continue leasing, and our intent is to continue renting it them. My question is what sort of paperwork do we as the new landlords need to file with the PHA in order to receive the montly rental payments. I went on the Atlanta PHA website, and it mentions the "HAP Assignment Contract Document" that needs to be certified between old and new landlords. Is that it? And is it typically part of the closing process or does the transfer happen after closing (and how long does it normally take)? Trying to figure out the most efficient way to do all this and ensure a seamless (ie minimal pay interruption) transition. 

Source: http://www.mariettahousingauthority.org/index.php/...