Wednesday, February 07, 2007

Home Sale Tax Break

February 7, 2007

In an e mail today from the Inman News Newsletter, Robert J. Bruss clarifys one of the questions homesellers often have in regards to the IRS regulation that permits a $250,000 or $500,000 gain to be excluded from the capital gain tax on the sale of a primary residence.

The question comes when one spouse holds title to the property, sometime during that spouse's ownership, he/she got married but did not put the new spouse on title. Which exclusion will apply, $250,000 or $500,000?

Providing both spouses meet the primary residence and 2 year occupation tests, and neither spouse has sold a primary residence within the past 2 years, the $500,000 exclusion will apply.

IRC 121 does not require the name of both spouses to be on the pricipal residence title. For full details, please connsult your tax advisor.

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