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When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.
The Basics of Section 121 Exclusions Likewise, people who sell secondary residences such as vacation homes can't use the exclusion. It's also generally not available to people who frequently buy and sell primary homes. Further, property used in a trade or business can't benefit from the exclusion either.
Exceptions to the Two-in-Five-Year Rule You were separated or divorced during the time you owned your home. Your spouse died during the time you owned your home. The sale of your home involved vacant land. You sold your right to a remainder interest (the right to own a home in the future)
In order to qualify for the principal residency exclusion, an owner must pass both ownership and usage tests. The two-out-of-five-year rule states that an owner must have owned the property that is being sold for at least two years (24 months) in the five years prior to the sale.
For example, a death in the family, losing your job and qualifying for unemployment, not being able to afford the house anymore because of a change in employment or marital status, a natural disaster that destroys your house, or you or your spouse have twins or another multiple birth.
Taxpayers who don't qualify to exclude all of the taxable gain from their income must report the gain from the sale of their home when they file their tax return. Anyone who chooses not to claim the exclusion must report the taxable gain on their tax return.
Capital gains taxes will be paid at the standard rate if you sell before the two-year mark because you won't receive any exemption. To avoid the taxes on a sale of a home, you must use the property as your primary residence for a minimum of two years. Doing so will ensure you avoid any capital gains penalties.
Proving it should be a straightforward matter, however. A voter registration card or driver's license, a series of tax returns mailed to you at that address, or utility bills directed to you all indicate your principal residence. Internal Revenue Service. ?Publication 523: Selling Your Home,? Page 3.