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About Tax Map

left arrowPrevious Page: Publication 523 - Selling Your Home - Determining Basis
right arrowNext Page: Publication 523 - Selling Your Home - Business Use or Rental of Home
Use  left arrowright arrow to find additional instances of index items.

Taxmap/pubs/p523-003.htm#TXMP5288f719
Excluding the Gain


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left link arrow Sale of Home right link arrow

You may qualify to exclude from your income all or part of any gain from the sale of your main home. This means that, if you qualify, you will not have to pay tax on the gain up to the limit described under Maximum Exclusion, next. To qualify, you must meet the ownership and use tests described later.

You can choose not to take the exclusion by including the gain from the sale in your gross income on your tax return for the year of the sale. This choice can be made (or revoked) at any time before the expiration of a 3-year period beginning on the due date of your return (not including extensions) for the year of the sale.

You can use Worksheet 2 to figure the amount of your exclusion and your taxable gain, if any.


Taxmap/pubs/p523-003.htm#TXMP0dc02f9c
Maximum Exclusion


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left link arrow Maximum Exclusion right link arrow

You can exclude up to $250,000 of the gain on the sale of your main home if all of the following are true.

  1. You meet the ownership test.
  2. You meet the use test.
  3. During the 2-year period ending on the date of the sale, you did not exclude gain from the sale of another home.
If you and another person owned the home jointly but file separate returns, each of you can exclude up to $250,000 of gain from the sale of your interest in the home if each of you meets the three conditions just listed.

You can exclude up to $500,000 of the gain on the sale of your main home if all of the following are true.

  1. You are married and file a joint return for the year.
  2. Either you or your spouse meets the ownership test.
  3. Both you and your spouse meet the use test.
  4. During the 2-year period ending on the date of the sale, neither you nor your spouse excluded gain from the sale of another home.
If either spouse does not satisfy all these requirements, the maximum exclusion that can be claimed by the couple is the total of the maximum exclusions that each spouse would qualify for if not married and the amounts were figured separately. For this purpose, each spouse is treated as owning the property during the period that either spouse owned the property.


Taxmap/pubs/p523-003.htm#TXMP4e60fb57
Ownership and Use Tests


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left link arrow Ownership and Use Tests right link arrow

To claim the exclusion, you must meet the ownership and use tests. This means that during the 5-year period ending on the date of the sale, you must have:

  1. Owned the home for at least 2 years (the ownership test), and
  2. Lived in the home as your main home for at least 2 years (the use test).


Taxmap/pubs/p523-003.htm#TXMP7c0b1851
Exception.


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If you owned and lived in the property as your main home for less than 2 years, you can still claim an exclusion in some cases. The maximum amount you can exclude will be reduced. See Reduced Maximum Exclusion, later.


Taxmap/pubs/p523-003.htm#TXMP234f1cf6
Example 1—home owned and occupied for 3 years.

Amanda bought and moved into her main home in September 2001. She sold the home at a gain on September 15, 2004. During the 5-year period ending on the date of sale (September 16, 1999 – September 15, 2004), she owned and lived in the home for 3 years. She meets the ownership and use tests.


Taxmap/pubs/p523-003.htm#TXMP10508336
Example 2—met ownership test but not use test.

Dan bought a home in 1998. After living in it for 6 months, he moved out. He never lived in the home again and sold it at a gain on June 28, 2004. He owned the home during the entire 5-year period ending on the date of sale (June 29, 1999 – June 28, 2004). However, he did not live in it for the required 2 years. He meets the ownership test but not the use test. He cannot exclude any part of his gain on the sale, unless he qualified for a reduced maximum exclusion (explained later).


Taxmap/pubs/p523-003.htm#TXMP2eb821a3
Period of Ownership and Use


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The required 2 years of ownership and use during the 5-year period ending on the date of the sale do not have to be continuous.

You meet the tests if you can show that you owned and lived in the property as your main home for either 24 full months or 730 days (365 × 2) during the 5-year period ending on the date of sale.


Taxmap/pubs/p523-003.htm#TXMP71274e64
Example.

Susan bought and moved into a house in July 2000. She lived there for 13 months and then moved in with a friend. She moved back into her own house in 2003 and lived there for 12 months until she sold it in July 2004. Susan meets the ownership and use tests because, during the 5-year period ending on the date of sale, she owned the house for 4 years and lived in it for a total of 25 months.

Taxmap/pubs/p523-003.htm#f15044w55
Worksheet 1 Instructions.
IF...   THEN...
you inherited your home 1 skip lines 1-4 of the worksheet.
2 find your basis using the rules under Home received as inheritance. Enter this amount on line 5 of the worksheet.
3 fill out the rest of the worksheet.
you received your home as a gift 1 read Home received as gift and enter on lines 1 and 3 of the worksheet either the donor's adjusted basis or the home's fair market value at the time of the gift, whichever is appropriate.
2 if you can add any federal gift tax to your basis, enter that amount on line 5 of the worksheet.
3 fill out the rest of the worksheet.
you received your home as a trade 1 find your basis using the rules under Home received as trade. Enter this amount on line 1 of the worksheet. (But if you received your home as a trade for your previous home before May 7, 1997, and had a gain on the trade that you postponed using Form 2119, enter on line 1 of the worksheet the adjusted basis of the new home from that Form 2119.)
2 fill out the rest of the worksheet.
you built your home 1 add the purchase price of the land and the cost of building the home. See Construction. Enter that total on line 1 of the worksheet. (However, if you filed a Form 2119 to postpone gain on the sale of a previous home before May 7, 1997, enter on line 1 of the worksheet the adjusted basis of the new home from that Form 2119.)
2 fill out the rest of the worksheet.
you received your home from your spouse after July 18, 1984 1 skip lines 1-4 of the worksheet.
2 enter on line 5 of the worksheet your spouse's adjusted basis in the home just before you received it.
3 fill out the rest of the worksheet, making adjustments to basis only for events after the transfer.
you owned a home jointly with your spouse, who transferred his or her interest in the home to you after July 18, 1984  
  fill out one worksheet, including adjustments to basis for events both before and after the transfer.
 
you received your home from your spouse before July 19, 1984 1 skip lines 1-4 of the worksheet.
2 enter on line 5 of the worksheet the home's fair market value at the time you received it.
3 fill out the rest of the worksheet, making adjustments to basis only for events after the transfer.
you owned a home jointly with your spouse, and your spouse transferred his or her interest in the home to you before July 19, 1984 1 fill out a worksheet, lines 1-13, making adjustments to basis only for events before the transfer.
2 multiply the amount on line 13 of that worksheet by one-half (0.5) to get the adjusted basis of your half-interest at the time of the transfer.
3 multiply the fair market value of the home at the time of the transfer by one-half (0.5). Generally, this is the basis of the half-interest that your spouse owned.
4 add the amounts from steps 2 and 3 and enter the total on line 5 of a second worksheet.
5 complete the rest of the second worksheet, making adjustments to basis only for events after the transfer.
Taxmap/pubs/p523-003.htm#f15044w02
Worksheet 1 Instructions. (Continued)
IF...   THEN...
you owned your home jointly with your spouse who died 1 fill out a worksheet, lines 1-13, making adjustments to basis only for events before your spouse's death.
2 multiply the amount on line 13 of that worksheet by one-half (0.5) to get the adjusted basis of your half-interest on the date of death.
3 use the rules under Surviving spouse to find the basis for the half-interest owned by your spouse.
4 add the amounts from steps 2 and 3 and enter the total on line 5 of a second worksheet.
5 complete the rest of the second worksheet, making adjustments to basis only for events after your spouse's death.
you owned your home jointly with your spouse who died, and your permanent home is in a community property state 1 skip lines 1-4 of the worksheet.
2 enter the amount of your basis on line 5 of the worksheet. Generally, this is the fair market value of the home at the time of death. (But see Community property for special rules.)
3 fill out the rest of the worksheet, making adjustments to basis only for events after your spouse's death.
your home was ever damaged as a result of a casualty 1 on line 8 of the worksheet, enter any amounts you spent to restore the home to its condition before the casualty.
2 on line 11 enter:    any insurance reimbursements you received (or expect to receive) for the loss,    and    any deductible casualty losses not covered by insurance.
none of these items apply   fill out the entire worksheet.
Worksheet 1. Adjusted Basis of Home Sold worksheet
Caution: See the Worksheet 1 Instructions before you use this worksheet.  
1.   Enter the purchase price of the home sold. (If you filed Form 2119 when you originally acquired that home to postpone gain on the sale of a previous home before May 7, 1997, enter the adjusted basis of the new home from that Form 2119.) 1.         
2.   Seller paid points for home bought after 1990. (See Seller-paid points.) Do not include any seller-paid points you already subtracted to arrive at the amount entered on line 1 2.         
3.   Subtract line 2 from line 1 3.         
4.   Settlement fees or closing costs. (See Settlement fees or closing costs.) If line 1 includes the adjusted basis of the new home from Form 2119, go to line 6.          
  a. Abstract and recording fees 4a.             
  b. Legal fees (including title search and preparing documents) 4b.             
  c. Surveys 4c.             
  d. Title insurance 4d.             
  e. Transfer or stamp taxes 4e.             
  f. Amounts that the seller owed that you agreed to pay (back taxes or interest, recording or mortgage fees, and sales commissions) 4f.             
  g. Other 4g.             
5.   Add lines 4a through 4g 5.         
6.   Cost of additions and improvements. Do not include any additions and improvements included on line 1 6.         
7.   Special tax assessments paid for local improvements, such as streets and sidewalks 7.         
8.   Other increases to basis 8.         
9.   Add lines 3, 5, 6, 7, and 8 9.         
10.   Depreciation, related to the business use or rental of the home, claimed (or allowable) 10.             
11.   Other decreases to basis (See Decreases to basis.) 11.             
12.   Add lines 10 and 11 12.         
13.   Adjusted basis of home sold. Subtract line 12 from line 9. Enter here and on Worksheet 2, line 4 13.         
Taxmap/pubs/p523-003.htm#w15046w04
Worksheet 2. Gain or (Loss), Exclusion, and Taxable Gain
Part 1 - Gain or (Loss) on Sale      
1.   Selling price of home 1.         
2.   Selling expenses 2.         
3.   Subtract line 2 from line 1 3.         
4.   Adjusted basis of home sold (from Worksheet 1, line 13) 4.         
5.   Subtract line 4 from line 3. This is the gain or (loss) on the sale. If this is a loss, stop here 5.         
Part 2 - Exclusion and Taxable Gain      
6.   Enter any depreciation allowed or allowable on the property for periods after May 6, 1997. If none, enter zero 6.         
7.   Subtract line 6 from line 5. (If the result is less than zero, enter zero.) 7.         
8.   If you qualify to exclude gain on the sale, enter your maximum exclusion. (See Maximum Exclusion.) If you do not qualify to exclude gain, enter -0- 8.         
9.   Enter the smaller of line 7 or line 8. This is your exclusion 9.         
10.   Subtract line 9 from line 5. This is your taxable gain. Report it as described under Reporting the Sale. If the amount on this line is zero, do not report the sale or exclusion on your tax return. If the amount on line 6 is more than zero, complete line 11 10.         
11.   Enter the smaller of line 6 or line 10. Enter this amount on line 12 of the Unrecaptured Section 1250 Gain Worksheet in the instructions for Schedule D (Form 1040) 11.         

Taxmap/pubs/p523-003.htm#TXMP5d038530
Temporary absence.


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Short temporary absences for vacations or other seasonal absences, even if you rent out the property during the absences, are counted as periods of use.


Taxmap/pubs/p523-003.htm#TXMP60dcb270
Example.

Professor Paul Beard, who is single, bought and moved into a house on August 28, 2001. He lived in it as his main home continuously until January 5, 2003, when he went abroad for a 1-year sabbatical leave. During part of the period of leave, the house was unoccupied, and during the rest of the period, he rented it. On January 6, 2004, he sold the house at a gain.

Because his leave was not a short temporary absence, he cannot include the period of leave to meet the 2-year use test. He cannot exclude any part of his gain, unless he qualifies for a reduced maximum exclusion (explained later). Even if he does qualify for a reduced maximum exclusion, he cannot exclude the part of the gain equal to the depreciation he claimed while renting the house. See Depreciation after May 6, 1997, later.


Taxmap/pubs/p523-003.htm#TXMP7ab664f3
Ownership and use tests met at different times.


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You can meet the ownership and use tests during different 2-year periods. However, you must meet both tests during the 5-year period ending on the date of the sale.


Taxmap/pubs/p523-003.htm#TXMP217aef8d
Example.

In 1995, Helen Jones lived in a rented apartment. The apartment building was later changed to a condominium, and she bought her apartment on December 3, 2001. In 2002, Helen became ill and on April 14 of that year she moved to her daughter's home. On July 12, 2004, while still living in her daughter's home, she sold her apartment.

Helen can exclude gain on the sale of her apartment because she met the ownership and use tests. Her 5-year period is from July 13, 1999, to July 12, 2004, the date she sold the apartment. She owned her apartment from December 3, 2001, to July 12, 2004 (more than 2 years). She lived in the apartment from July 13, 1999 (the beginning of the 5-year period), to April 14, 2002 (more than 2 years).


Taxmap/pubs/p523-003.htm#TXMP3a3d640f
Cooperative apartment.


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If you sold stock in a cooperative housing corporation, the ownership and use tests are met if, during the 5-year period ending on the date of sale, you:

  1. Owned the stock for at least 2 years, and
  2. Lived in the house or apartment that the stock entitles you to occupy as your main home for at least 2 years.


Taxmap/pubs/p523-003.htm#TXMP4d32badd
Members of the uniformed services or Foreign Service.


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You can choose to have the 5-year test period for ownership and use suspended during any period you or your spouse serve on "qualified official extended duty" as a member of the uniformed services or Foreign Service of the United States. This means that you may be able to meet the 2-year use test even if, because of your service, you did not actually live in your home for at least the required 2 years during the 5-year period ending on the date of sale.

If this helps you qualify to exclude gain, you can choose to have the 5-year test period suspended by filing a return for the year of sale that does not include the gain.


Taxmap/pubs/p523-003.htm#TXMP602871a3
Example.

David bought and moved into a home in 1996. He lived in it as his main home for 21/2 years. For the next 6 years, he did not live in it because he was on qualified official extended duty with the Army. He then sold the home at a gain in 2004. To meet the use test, David chooses to suspend the 5-year test period for the 6 years he was on qualifying official extended duty. This means he can disregard those 6 years. Therefore, David's 5-year test period consists of the 5 years before he went on qualifying official extended duty. He meets the ownership and use tests because he owned and lived in the home for 21/2 years during this test period.


Taxmap/pubs/p523-003.htm#TXMP3774bcdb
Period of suspension.
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The period of suspension cannot last more than 10 years. You cannot suspend the 5-year period for more than one property at a time. You can revoke your choice to suspend the 5-year period at any time.


Taxmap/pubs/p523-003.htm#TXMP0a7a63b3
Uniformed services.
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The uniformed services are:


Taxmap/pubs/p523-003.htm#TXMP63337e14
Foreign Service member.
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You are a member of the Foreign Service if you are any of the following.


Taxmap/pubs/p523-003.htm#TXMP7ad3dd52
Qualified official extended duty.
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You are on qualified official extended duty if you serve on extended duty either:

You are on extended duty when you are called or ordered to active duty for a period of more than 90 days or for an indefinite period.


Taxmap/pubs/p523-003.htm#TXMP05ac8b8c
Exception for individuals with a disability.


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There is an exception to the use test if, during the 5-year period before the sale of your home:

  1. You become physically or mentally unable to care for yourself, and
  2. You owned and lived in your home as your main home for a total of at least 1 year.
Under this exception, you are considered to live in your home during any time that you own the home and live in a facility (including a nursing home) that is licensed by a state or political subdivision to care for persons in your condition.

If you meet this exception to the use test, you still have to meet the 2-out-of-5-year ownership test to claim the exclusion.


Taxmap/pubs/p523-003.htm#TXMP19ce2878
Previous home destroyed or condemned.


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For the ownership and use tests, you add the time you owned and lived in a previous home that was destroyed or condemned to the time you owned and lived in the home on which you wish to exclude gain. This rule applies if any part of the basis of the home you sold depended on the basis of the destroyed or condemned home. Otherwise, you must have owned and lived in the same home for 2 of the 5 years before the sale to qualify for the exclusion.


Taxmap/pubs/p523-003.htm#TXMP08dcbc68
Married Persons


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left link arrow Married right link arrow

If you and your spouse file a joint return for the year of sale, you can exclude gain if either spouse meets the ownership and use tests. (But see Maximum Exclusion, earlier.)


Taxmap/pubs/p523-003.htm#TXMP23c7f20d
Example 1 — one spouse sells a home.

Emily sells her home in June 2004. She marries Jamie later in the year. She meets the ownership and use tests, but Jamie does not. Emily can exclude up to $250,000 of gain on a separate or joint return for 2004.


Taxmap/pubs/p523-003.htm#TXMP73b85091
Example 2 — each spouse sells a home.

The facts are the same as in Example 1 except that Jamie also sells a home in 2004. He meets the ownership and use tests on his home. Emily and Jamie can each exclude up to $250,000 of gain.


Taxmap/pubs/p523-003.htm#TXMP5b7b51d3
Death of spouse before sale.


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If your spouse died and you did not remarry before the date of sale, you are considered to have owned and lived in the property as your main home during any period of time when your spouse owned and lived in it as a main home.


Taxmap/pubs/p523-003.htm#TXMP69eafc9d
Home transferred from spouse.


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If your home was transferred to you by your spouse (or former spouse if the transfer was incident to divorce), you are considered to have owned it during any period of time when your spouse owned it.


Taxmap/pubs/p523-003.htm#TXMP051b4cd6
Use of home after divorce.


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You are considered to have used property as your main home during any period when:

  1. You owned it, and
  2. Your spouse or former spouse is allowed to live in it under a divorce or separation instrument and uses it as his or her main home.


Taxmap/pubs/p523-003.htm#TXMP5e82e9d4
Reduced Maximum Exclusion


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left link arrow Reduced Maximum Exclusion right link arrow

You can claim an exclusion, but the maximum amount of gain you can exclude will be reduced if either of the following is true.

  1. You did not meet the ownership and use tests, but the reason you sold the home was:
    1. A change in place of employment,
    2. Health, or
    3. Unforeseen circumstances (as defined later).
  2. Your exclusion would have been disallowed because of the rule described in More Than One Home Sold During 2-Year Period, later, except that the reason you sold the home was:
    1. A change in place of employment,
    2. Health, or
    3. Unforeseen circumstances (as defined later).

Use Worksheet 3 to figure your reduced maximum exclusion.

A change in place of employment, health, or unforeseen circumstances (whichever applies) is considered to be the reason you sold your home if either of the following is true.

  1. Your home sale qualifies under a "safe harbor." A safe harbor is a set of certain facts and circumstances that qualifies you to claim a reduced maximum exclusion. The safe harbors are explained in detail later.
  2. The primary reason you sold the home was a change in place of employment, health, or unforeseen circumstances. Factors that may be relevant in determining your primary reason for sale include whether:
    1. Your sale and the circumstances causing it were close in time,
    2. The circumstances causing your sale occurred during the time you owned and used the property as your main home,
    3. The circumstances causing your sale were not reasonably foreseeable when you began using the property as your main home,
    4. Your financial ability to maintain your home materially changed,
    5. The suitability of your property as a home materially changed, and
    6. During the time you owned the property, you used it as your home.


Taxmap/pubs/p523-003.htm#TXMP1947792e
Change in Place of Employment


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Change in Place of Employment

The sale of your main home is because of a change in place of employment if your primary reason for the sale is a change in the location of employment of a qualified individual.


Taxmap/pubs/p523-003.htm#TXMP4ed99f4d
Qualified individual.


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For purposes of the reduced maximum exclusion, a qualified individual is any of the following.


Taxmap/pubs/p523-003.htm#TXMP6e48f813
Employment.


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For this purpose, employment includes the start of work with a new employer or continuation of work with the same employer. It also includes the start or continuation of self-employment.


Taxmap/pubs/p523-003.htm#TXMP71766446
Distance safe harbor.


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A change in place of employment is considered to be the reason you sold your home if:

  1. The change occurred during the period you owned and used the property as your main home, and
  2. The new place of employment is at least 50 miles farther from your home than the former place of employment was (or, if there was no former place of employment, the distance between your new place of employment and the home sold is at least 50 miles).


Taxmap/pubs/p523-003.htm#TXMP2582f0c2
Example.

Justin was unemployed and living in a townhouse in Florida that he had owned and used as his main home since 2003. He got a job in North Carolina and sold his townhouse in 2004. Because the distance between Justin's new place of employment and the home he sold is at least 50 miles, the sale satisfies the conditions of the distance safe harbor. Justin's sale of his home is because of a change in place of employment and he is entitled to a reduced maximum exclusion of gain from the sale.


Taxmap/pubs/p523-003.htm#TXMP30a61124
Health


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Health

The sale of your main home is because of health if your primary reason for the sale is to obtain, provide, or facilitate the diagnosis, cure, mitigation, or treatment of disease, illness, or injury of a qualified individual. For purposes of this reason, a qualified individual includes, in addition to the individuals listed earlier, any of the following.

The sale of your home is not because of health if the sale merely benefits a qualified individual's general health or well-being.


Taxmap/pubs/p523-003.htm#TXMP66a80c81
Example.

In 2003, Chase and Lauren, husband and wife, bought a house that they used as their main home. Lauren's father has a chronic disease and is unable to care for himself. In 2004, Chase and Lauren sell their home in order to move into Lauren's father's house to provide care for him. Because the primary reason for the sale of their home was the health of a qualified individual, Chase and Lauren are entitled to a reduced maximum exclusion.


Taxmap/pubs/p523-003.htm#TXMP02c85680
Doctor's recommendation safe harbor.


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Health is considered to be the reason you sold your home if, for one or more of the reasons listed at the beginning of this discussion, a doctor recommends a change of residence.


Taxmap/pubs/p523-003.htm#TXMP1fc305db
Unforeseen Circumstances


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The sale of your main home is because of an unforeseen circumstance if your primary reason for the sale is the occurrence of an event that you could not reasonably have anticipated before buying and occupying your main home. You are not considered to have an unforeseen circumstance if you sold your home after August 12, 2004, and the primary reason you sold it was that you preferred to get a different home or your finances improved.


Taxmap/pubs/p523-003.htm#TXMP30b42c8a
Specific event safe harbors.


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Unforeseen circumstances are considered to be the reason you sold your home if any of the following events occurred while you owned and used the property as your main home.

  1. An involuntary conversion of your home.
  2. Natural or man-made disasters or acts of war or terrorism resulting in a casualty to your home, whether or not your loss is deductible.
  3. In the case of qualified individuals (listed earlier under Change in Place of Employment):
    1. Death,
    2. Unemployment (if the individual is eligible for unemployment compensation),
    3. A change in employment or self-employment status that results in your inability to pay reasonable basic living expenses (listed under Reasonable basic living expenses next),
    4. Divorce or legal separation, or
    5. Multiple births resulting from the same pregnancy.
  4. An event the Commissioner of IRS determined to be an unforeseen circumstance in published guidance of general applicability. For example, the Commissioner determined the September 11, 2001, terrorist attacks to be an unforeseen circumstance.


Taxmap/pubs/p523-003.htm#TXMP5b6429c5
Reasonable basic living expenses.
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Reasonable basic living expenses for your household include the following expenses.

Amounts spent on these items to maintain an affluent or luxurious standard of living are not reasonable basic living expenses.

Taxmap/pubs/p523-003.htm#w15044w02
Worksheet 3. Reduced Maximum Exclusion
Caution: Complete this worksheet only if you qualify for a reduced maximum exclusion. (See Reduced Maximum Exclusion .) Complete column (B) only if you are married filing a joint return. (A) You (B) Your Spouse  
1. Maximum amount 1. $250,000.00 $250,000.00  
2a. Enter the number of days (or months) that you used the property as a main home during the 5-year period* ending on the date of sale. (If married filing jointly, fill in columns (A) and (B)) 2a.                
b. Enter the number of days (or months) that you owned the property during the 5-year period* ending on the date of sale. If you used days on line 2a, you also must use days on this line and on lines 3 and 5. If you used months on line 2a, you also must use months on this line and on lines 3 and 5. (If married filing jointly and one spouse owned the property longer than the other spouse, both spouses are treated as owning the property for the longer period)  b.                
c. Enter the smaller of line 2a or 2b  c.                
3. Have you (or your spouse, if filing jointly) excluded gain from the sale of another home during the 2-year period ending on the date of this sale? NO. Skip line 3 and enter the number of days (or months) from line 2c on line 4. YES. Enter the number of days (or months) between the date of the most recent sale of another home on which you excluded gain and the date of sale of this home 3.                
4. Enter the smaller of line 2c or 3 4.                
5. Divide the amount on line 4 by 730 days (or 24 months). Enter the result as a decimal (rounded to at least 3 places). But do not enter an amount greater than 1.000 5.                
6. Multiply the amount on line 1 by the decimal amount on line 5 6.                
7. Add the amounts in columns (A) and (B) of line 6. This is your reduced maximum exclusion. Enter it here and on Worksheet 2, line 8 7.           
*If you were a member of the uniformed services or Foreign Service during the time you owned the home, see Members of the uniformed services or Foreign Service to determine your 5-year period.


Taxmap/pubs/p523-003.htm#TXMP6489270b
More Than One Home Sold During 2-Year Period


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left link arrow Home, Sale, More Than One Home During 2-Year Period right link arrow

You cannot exclude gain on the sale of your home if, during the 2-year period ending on the date of the sale, you sold another home at a gain and excluded all or part of that gain. If you cannot exclude the gain, you must include it in your income.


Taxmap/pubs/p523-003.htm#TXMP0def0a2b
Exception.


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You still can claim an exclusion, but the maximum amount of gain you can exclude will be reduced, if the reason you sold the home was:

  1. A change in place of employment,
  2. Health, or
  3. Unforeseen circumstances (as defined earlier).

For details about this exception, see Reduced Maximum Exclusion, earlier.


Taxmap/pubs/p523-003.htm#TXMP534ed39d
Example 1.

In September 2002, Paul and Nadine bought a new home. In November 2002, they sold their old home at a $40,000 gain. They had owned and lived in the old home for 4 years. They excluded the gain on the sale.

On October 1, 2004, Paul and Nadine sold the home they purchased in September 2002 at a $15,000 gain. The sale was not due to a change in place of employment, health, or unforeseen circumstances as defined in this publication. Because Paul and Nadine had excluded gain on the sale of another home within the 2-year period ending on October 1, 2004, they cannot exclude the gain on this sale.


Taxmap/pubs/p523-003.htm#TXMP53482d80
Example 2.

The facts are the same as in Example 1 except that Paul and Nadine did not sell the home purchased in September 2002 until December 3, 2004. Because they had not excluded gain on the sale of another home within the 2-year period ending on December 3, 2004, they can exclude the gain on this sale.

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