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Sis needs help -cap gains on primary residence lived in less than 2 years?

 

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Sis needs help -cap gains on primary residence lived in less than 2 years? Cherrybounce 05-08-2007
Posted by Cherrybounce on May 8, 2007, 1:11 am
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My sister has lived in her house for 3 years, BUT the first
2 years my husband and I legally owned the home. She bought
it one year ago and now wants to sell it. She has no
extraoridinary reasons for wanting to sell it other than she
can make some money on it due to rapid appreciation in our
area.

The real estate told her she doesn't have to live in a home for 2
years to get cap gain treatment on any profit she makes on her house.

What is the story? THanks.

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Posted by Phil Marti on May 9, 2007, 4:13 pm
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> My sister has lived in her house for 3 years, BUT the first
> 2 years my husband and I legally owned the home. She bought
> it one year ago and now wants to sell it. She has no
> extraoridinary reasons for wanting to sell it other than she
> can make some money on it due to rapid appreciation in our
> area.
>
> The real estate told her she doesn't have to live in a home for 2
> years to get cap gain treatment on any profit she makes on her house.
>
> What is the story?

The real estate agent's advice is useless. When you sell a
home for a profit you have a capital gain.

We'll assume that your sister's concern is the exclusion of
capital gain on the sale of a primary residence. For that
to apply she must have owned the property for 2 years, so
she has to wait.

See IRS Publication 521.

--
Phil Marti
Clarksburg, MD

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Stuart A. Bronstein on May 10, 2007, 11:54 pm
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>> The real estate told her she doesn't have to live in a home for 2
>> years to get cap gain treatment on any profit she makes on her
>> house.

> The real estate agent's advice is useless. When you sell a
> home for a profit you have a capital gain.

Going to a real estate agent for tax advice is like going to
a lawyer for medical advice.

Stu

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Herb Smith on May 9, 2007, 4:13 pm
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> My sister has lived in her house for 3 years, BUT the first
> 2 years my husband and I legally owned the home. =A0She bought
> it one year ago and now wants to sell it. =A0She has no
> extraoridinary reasons for wanting to sell it other than she
> can make some money on it due to rapid appreciation in our
> area.
>
> The real estate told her she doesn't have to live in a home for 2
> years to get cap gain treatment on any profit she makes on her house.
>
> What is the story?

The "story" is that she will pay capital gains tax on any
appreciation in value, at ORDINARY tax rates if held for
less than one year. She doesn't appear to have met the basic
requirements for gain exclusion, since she has not owned the
property for at least two of the past five years, and her
reason for selling early does not meet any of those
allowable for pro-rated exclusion.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Stuart A. Bronstein on May 9, 2007, 4:13 pm
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> My sister has lived in her house for 3 years, BUT the first
> 2 years my husband and I legally owned the home. She bought
> it one year ago and now wants to sell it. She has no
> extraoridinary reasons for wanting to sell it other than she
> can make some money on it due to rapid appreciation in our
> area.

Why were you and your husband the legal owners? If you were
doing it to help her buy the place, you really held it in
trust for her and she really was the "legal" owner even
though not the registered owner.

> The real estate told her she doesn't have to live in a home for 2
> years to get cap gain treatment on any profit she makes on her
> house.

That's occasionally right but generally wrong - and based on
what you say it would be wrong in this case.

But you might have an argument that your sister really was
the owner for three years even though your name was on
title.

Stu

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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