IrvineRealtor_IHB
New member
thank you freedom. I stand corrected and will verify with some escrow people I know tomorrow.
Hold.freedomCM said:OK, I thought that you might know off the top of your head.
But I was right. There is a new rule: (http://taxes.about.com/od/capitalgains/qt/home_sale_tax2.htm)
When homeowners sell their main home, they can exclude up to $500,000 in capital gains from income tax. The Housing Assistance Tax Act of 2008 changes the rules. The amount of profits from the sale of a house that can be excluded is now based on the percentage of time when the house was used as a primary residence.
Gain from the sale of a home may need to be allocated between what gain be excluded and what gain is not excluded. The portion of capital gains that cannot be excluded is determined by the following ratio:
Period of non-qualifying use
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Period of ownership
Time Period of Non-Qualifying Use
For the purpose of calculating capital gains, the period of non-qualifying use is any period of time the property is not being used as a main home that begins on or after January 1, 2009. Non-qualifying use prior to January 1, 2009, is disregarded for the the purpose of determining the capital gain allocation.
So the old 2 years out of the last 5 rule no longer applies!
irvine_home_owner said:Hold.freedomCM said:OK, I thought that you might know off the top of your head.
But I was right. There is a new rule: (http://taxes.about.com/od/capitalgains/qt/home_sale_tax2.htm)
When homeowners sell their main home, they can exclude up to $500,000 in capital gains from income tax. The Housing Assistance Tax Act of 2008 changes the rules. The amount of profits from the sale of a house that can be excluded is now based on the percentage of time when the house was used as a primary residence.
Gain from the sale of a home may need to be allocated between what gain be excluded and what gain is not excluded. The portion of capital gains that cannot be excluded is determined by the following ratio:
Period of non-qualifying use
--------------------------------------
Period of ownership
Time Period of Non-Qualifying Use
For the purpose of calculating capital gains, the period of non-qualifying use is any period of time the property is not being used as a main home that begins on or after January 1, 2009. Non-qualifying use prior to January 1, 2009, is disregarded for the the purpose of determining the capital gain allocation.
So the old 2 years out of the last 5 rule no longer applies!
So I'm trying to understand this. If non-qualifying use prior to 1/1/09 is disregarded, how does this work:
I own a house that I've been renting out for 3 years (I lived in it prior to that).
This year, my tentant moves out in June and I live in it for 6 months until December and then sell it.
Does that mean I can exclude up to half of my capital gains (6mo/12mo = 1/2)?
Pasadena to Irvine said:Thank you all for the insightful responses. After additional pondering and analysis we have decided to put our place up for sale. The plan is to make sure it is well staged and decluttered and priced agressively for a quick sale. We are aiming for it to hit the market in a little over a month. I will keep you all posted on how this story unfolds and hopefully be able to provide a play by play a la Ipop once it is sold.
Pasadena to Irvine said:What bothers me is that we have already priced it agressively below almost all current listings in the area and in line with current sales (some currently in escrow in this building) and our unit is more upgraded than most of the current listings. Our realtor is telling me to be patient as our unit should generate an acceptable offer but I want to make sure we don't follow the market down and of course at the same time not sell for less than we have to.
Price it low and create bidding war for the sheople.Pasadena to Irvine said:What bothers me is that we have already priced it agressively below almost all current listings in the area and in line with current sales (some currently in escrow in this building) and our unit is more upgraded than most of the current listings. Our realtor is telling me to be patient as our unit should generate an acceptable offer but I want to make sure we don't follow the market down and of course at the same time not sell for less than we have to.