Tax Tips
January 2003
Exclusions on Sale or Exchange of a Principal Residence
An individual may exclude from income up to $250,000 of gain ($500,000 on a joint return in most situations) realized on the sale or exchange of a principal residence. Ownership and use tests must be met (see "Ownership and Use," below). The exclusion may not be used more frequently than once every two years.
Ownership and Use
Gain may only be excluded if, during the five-year period
that ends on the date of the sale or exchange, the individual
owned and used the property as a principal residence for
periods aggregating two years or more (i.e., a total of
730 days (365 x 2)). Short temporary absences for vacations
or seasonal absences are counted as periods of use, even
if the individual rents out the property during these periods
of absence. However, an absence of an entire year is not
considered a short temporary absence. The ownership and
use tests may be met during nonconcurrent periods, provided
that both tests are met during the five-year period that
ends on the date of sale.
Married Individuals. The amount of excludable gain is $500,000 for married individuals filing jointly if:
- either spouse meets the ownership test;
- both spouses meet the use test; and
- neither spouse is ineligible for exclusion by virtue of a sale or exchange of a residence within the prior two years.
The exclusion is determined on an individual basis. Thus, if a single individual who is otherwise eligible for an exclusion marries someone who has used the exclusion within the two years prior to the sale, the newly married individual is entitled to a maximum exclusion of $250,000. Once both spouses satisfy the eligibility rules and two years have passed since the exclusion was allowed to either of them, they may exclude up to $500,000 of gain on their joint return.
Divorced Taxpayers
If a residence is transferred to an individual incident
to a divorce, the time during which the individual's spouse
or former spouse owned the residence is added to the individual's
period of ownership. An individual who owns a residence
is deemed to use it as a principal residence while the individual's
spouse or former spouse is given use of the residence under
the terms of a divorce or separation.
Hardship Relief
An individual who fails to meet the ownership and use
requirements, or the minimum two-year time period for claiming
the exclusion, may be granted relief when the sale of the
home is due to a change in place of employment, health,
or unforeseen circumstances. The IRS states that "unforeseen
circumstances" will be defined in future regulations,
letter rulings, forms, instructions or other appropriate
guidance. According to the IRS, individuals may not claim
an exclusion based on unforeseen circumstances until final
regulations or other guidance is issued. For example, Notice
2002-60 informs individuals affected by the September 11,
2001 terrorist attacks of the circumstances under which
they may qualify for the reduced exclusion of gain from
the sale or exchange of a principal residence under the
provision dealing with unforeseen circumstances.
Computing the Reduced Exclusion
If hardship relief is granted, the individual may be
entitled to a reduced exclusion. The reduced exclusion is
computed by multiplying the maximum allowable exclusion
(i.e., $250,000 or $500,000) by a fraction.
The numerator of the fraction is the shortest of (a) the period of time that the individual owned the property as a principal residence during the five-year period ending on the date of sale or exchange; (b) the period of time that the individual used the property as a principal residence during the five-year period ending on the date of sale or exchange; or (c) the period between the date of the most recent prior sale or exchange to which the exclusion applied and the date of the current sale or exchange. The numerator may be expressed in days or months.
The denominator of the fraction is either 730 days or 24 months (depending on the measure of time used in the numerator).
Example 1. Al Jackson is an unmarried taxpayer who owned and used a principal residence for 12 months and then sold it in 2002 because of a change in his place of employment. Jackson had not excluded gain from the sale of a residence within the prior two years. He may exclude up to $125,000 of his realized gain ($250,000 x 12/24 = $125,000).
Example 2. On September 1, 2001, Bill and Ruth Green purchase a townhouse in Boston for $450,000. Ruth receives an offer of employment in Atlanta, and on July 1, 2002, the Greens sell their townhouse and move to Atlanta. Because they owned and resided in the townhouse for 10 months, they may exclude up to $208,333 of their realized gain ($500,000 x 10/24 = $208,333).
Incapacity
If an individual becomes physically or mentally incapable
of self-care, the individual is deemed to use a residence
as a principal residence during the time in which the individual
owns the residence and resides in a licensed care facility
(e.g., a nursing home). In order for this rule to apply,
the taxpayer must have owned and used the residence as a
principal residence for an aggregate period of at least
one year during the five years preceding the sale or exchange.
Widowed Individual
A widow or widower's period of ownership of a residence
includes the period during which the taxpayer's deceased
spouse owned the residence.
Reporting Requirements
An individual who is qualified to exclude all of the
realized gain from the sale of a home is not required to
report the sale on the tax return for the year of sale.
However, if there is a portion of the realized gain that
must be recognized, the taxpayer generally reports the entire
gain in Part I (Short-Term) or Part II (Long-Term) of Schedule
D , Form 1040 . Then, directly below the line where realized
gain is reported, the amount of the prorated exclusion is
entered and identified as "Section 121 exclusion."
The exclusion is shown as a loss in Column (f). If the home
was sold under the installment method and gain is recognized,
Form 6252 (Installment Sale Income) has to be filed. If
the home was used for business or to produce rental income
during the year of sale, Form 4797 (Sale of Business Property)
is filed.
Maintenance of Records
The $250,000 or $500,000 exclusion from income eliminates
the need for many homeowners to keep records of capital
improvements that increase the basis of their residences.
However, records of capital improvements should be kept
if there is any possibility that gain might be required
to be recognized upon the sale of the principal residence.
That situation might arise in the following circumstances:
- the individuals intend to live in the residence for a long period of time;
- the residence is rapidly appreciating in value;
- there is a possibility that the owners may claim a depreciation deduction for a home office or rental use of the residence; or
- there is a possibility that the owners may not use or own the residence long enough to qualify for the full amount of the exclusion.
Gain Recognized to Extent of Depreciation
The exclusion does not apply, and gain is recognized,
to the extent of any depreciation adjustments with respect
to the rental or business use of a principal residence after
May 6, 1997. Form 4797 (Sale of Business Property) is used
to report the sale.
Important Terms
In order to determine the gain or loss on the sale of
a home, the individual must be able to determine "selling
price," "amount realized," and "adjusted
basis." The "selling price" of a home is
the total amount received. This includes cash, notes, debts
assumed by the buyer, and the fair market value of services
or property received. The "amount realized" is
selling price less selling expenses (e.g., commissions,
legal fees, and advertising). "Adjusted basis"
refers to the individual's original basis in the home, usually
cost, plus such costs as capital improvements, and less
such items as depreciation claimed. The "amount realized"
minus "adjusted basis" results in the individual's
realized gain or loss. A loss on the individual's principal
residence cannot be deducted.
If you have any questions as to how these rules apply to your particular situation, please do not hesitate to call WJH at 512-343-8075
