How To Avoid Capital Gains Tax When Selling Real Estate (2019) - 121 Exclusion Explained
Toby Mathis Esq | Tax Planning & Asset Protection・27 minutes read
To qualify for capital gains exclusion when selling a house, it must have been your primary residence for at least 24 of the previous 60 months. There is an exclusion to capital gains for homes, known as the 121 exclusion, allowing individuals up to $250,000 and married couples filing jointly up to $500,000 in exclusion.
Insights
- To qualify for capital gains exclusion when selling a house, it must have been your primary residence for at least 24 of the previous 60 months, allowing individuals up to $250,000 and married couples filing jointly up to $500,000 in exclusion under the 121 rule.
- Disqualified use, such as converting a rental property into a personal residence, can affect the amount of exclusion available when selling a house, and exceptions for partial exclusions include health-related moves and unforeseeable events, with depreciation recapture subject to 25% taxation.
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Recent questions
How long must a house be a primary residence for capital gains exclusion?
24 of the previous 60 months
What is the 121 exclusion for selling a house?
Up to $250,000 for individuals, $500,000 for married couples
What are exceptions to the 121 exclusion for selling a house?
Expatriates, recent property exchange, failure to meet use and ownership test
How is the basis of a property calculated for capital gains?
Purchase price plus additional costs, minus depreciation recapture
What expenses can be added to the basis of a property for capital gains?
Improvements like adding rooms, landscaping, systems, and upgrades
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