Filing Your Taxes Online is Fast, Easy and Secure.
Start now and receive your tax refund in as little as 7 days.

1. Get Answers

Your online questions are customized to your unique tax situation.

2. Maximize your Refund

Find tax credits for everything from school tuition to buying a hybri

3. E-File for FREE

E-file free with direct deposit to get your refund in as few as 7 days.

Filing your taxes with paper mail can be difficult and it could take weeks for your refund to arrive. IRS e-file is easy, fast and secure. There is no paperwork going to the IRS so tax refunds can be processed in as little as 7 days with direct deposit. As you prepare your taxes online, you can see your tax refund in real time.

FREE audit support and representation from an enrolled agent – NEW and only from H&R Block

E File 1040x

How To File State Taxes Only For Free1040Filing 1040ez OnlineFreetax ComOhio 1040xTurbotax FreeTurbotax Download 2012Form 1040ez 2011How To File State Taxes FreeFile A 1040x2011 Free Tax Filing2012 Form 1040 EzFree Online Federal Tax Filing 2012990 Ez FormH And R Block Free For MilitaryFederal 1040 Ez FormH And R Block Free FileWww Irs GovE File State Taxes FreeFiling An Amended Return For 2013H&r Block 1040nrFile 2011 Tax Return LateTax Planning Us 1040ezCalif State Taxes WebsiteIrs E File 20112011 Tax Act OnlineAmending Taxes After FilingFree Federal And State Tax Filing For StudentsFilling Out 1040x OnlineDoes A Student Have To File TaxesFree State Tax FormFiling State Tax For FreeFile Your Taxes For FreeFill Out 1040x OnlineTurbotax Free FileForms For Filing State Tax ReturnsAmended State Tax FormFile Free H&r Block1040 Form 2012Where Can I Get 2012 Tax Forms

E File 1040x

E file 1040x 15. E file 1040x   Selling Your Home Table of Contents Reminder Introduction Useful Items - You may want to see: Main Home Figuring Gain or LossSelling Price Amount Realized Adjusted Basis Amount of Gain or Loss Dispositions Other Than Sales Determining Basis Excluding the GainMaximum Exclusion Ownership and Use Tests Reduced Maximum Exclusion Business Use or Rental of Home Reporting the SaleSeller-financed mortgage. E file 1040x More information. E file 1040x Special SituationsException for sales to related persons. E file 1040x Recapturing (Paying Back) a Federal Mortgage Subsidy Reminder Home sold with undeducted points. E file 1040x  If you have not deducted all the points you paid to secure a mortgage on your old home, you may be able to deduct the remaining points in the year of the sale. E file 1040x See Mortgage ending early under Points in chapter 23. E file 1040x Introduction This chapter explains the tax rules that apply when you sell your main home. E file 1040x In most cases, your main home is the one in which you live most of the time. E file 1040x If you sold your main home in 2013, you may be able to exclude from income any gain up to a limit of $250,000 ($500,000 on a joint return in most cases). E file 1040x See Excluding the Gain , later. E file 1040x Generally, if you can exclude all the gain, you do not need to report the sale on your tax return. E file 1040x If you have gain that cannot be excluded, it is taxable. E file 1040x Report it on Form 8949, Sales and Other Dispositions of Capital Assets, and Schedule D (Form 1040). E file 1040x You may also have to complete Form 4797, Sales of Business Property. E file 1040x See Reporting the Sale , later. E file 1040x If you have a loss on the sale, you generally cannot deduct it on your return. E file 1040x However, you may need to report it. E file 1040x See Reporting the Sale , later. E file 1040x The following are main topics in this chapter. E file 1040x Figuring gain or loss. E file 1040x Basis. E file 1040x Excluding the gain. E file 1040x Ownership and use tests. E file 1040x Reporting the sale. E file 1040x Other topics include the following. E file 1040x Business use or rental of home. E file 1040x Recapturing a federal mortgage subsidy. E file 1040x Useful Items - You may want to see: Publication 523 Selling Your Home 530 Tax Information for Homeowners 547 Casualties, Disasters, and Thefts Form (and Instructions) Schedule D (Form 1040) Capital Gains and Losses 982 Reduction of Tax Attributes Due to Discharge of Indebtedness 8828 Recapture of Federal Mortgage Subsidy 8949 Sales and Other Dispositions of Capital Assets Main Home This section explains the term “main home. E file 1040x ” Usually, the home you live in most of the time is your main home and can be a: House, Houseboat, Mobile home, Cooperative apartment, or Condominium. E file 1040x To exclude gain under the rules of this chapter, you in most cases must have owned and lived in the property as your main home for at least 2 years during the 5-year period ending on the date of sale. E file 1040x Land. E file 1040x   If you sell the land on which your main home is located, but not the house itself, you cannot exclude any gain you have from the sale of the land. E file 1040x However, if you sell vacant land used as part of your main home and that is adjacent to it, you may be able to exclude the gain from the sale under certain circumstances. E file 1040x See Vacant land under Main Home in Publication 523 for more information. E file 1040x Example. E file 1040x You buy a piece of land and move your main home to it. E file 1040x Then you sell the land on which your main home was located. E file 1040x This sale is not considered a sale of your main home, and you cannot exclude any gain on the sale of the land. E file 1040x More than one home. E file 1040x   If you have more than one home, you can exclude gain only from the sale of your main home. E file 1040x You must include in income gain from the sale of any other home. E file 1040x If you have two homes and live in both of them, your main home is ordinarily the one you live in most of the time during the year. E file 1040x Example 1. E file 1040x You own two homes, one in New York and one in Florida. E file 1040x From 2009 through 2013, you live in the New York home for 7 months and in the Florida residence for 5 months of each year. E file 1040x In the absence of facts and circumstances indicating otherwise, the New York home is your main home. E file 1040x You would be eligible to exclude the gain from the sale of the New York home but not of the Florida home in 2013. E file 1040x Example 2. E file 1040x You own a house, but you live in another house that you rent. E file 1040x The rented house is your main home. E file 1040x Example 3. E file 1040x You own two homes, one in Virginia and one in New Hampshire. E file 1040x In 2009 and 2010, you lived in the Virginia home. E file 1040x In 2011 and 2012, you lived in the New Hampshire home. E file 1040x In 2013, you lived again in the Virginia home. E file 1040x Your main home in 2009, 2010, and 2013 is the Virginia home. E file 1040x Your main home in 2011 and 2012 is the New Hampshire home. E file 1040x You would be eligible to exclude gain from the sale of either home (but not both) in 2013. E file 1040x Property used partly as your main home. E file 1040x   If you use only part of the property as your main home, the rules discussed in this publication apply only to the gain or loss on the sale of that part of the property. E file 1040x For details, see Business Use or Rental of Home , later. E file 1040x Figuring Gain or Loss To figure the gain or loss on the sale of your main home, you must know the selling price, the amount realized, and the adjusted basis. E file 1040x Subtract the adjusted basis from the amount realized to get your gain or loss. E file 1040x     Selling price     − Selling expenses       Amount realized       Amount realized     − Adjusted basis       Gain or loss   Selling Price The selling price is the total amount you receive for your home. E file 1040x It includes money and the fair market value of any other property or any other services you receive and all notes, mortgages or other debts assumed by the buyer as part of the sale. E file 1040x Payment by employer. E file 1040x   You may have to sell your home because of a job transfer. E file 1040x If your employer pays you for a loss on the sale or for your selling expenses, do not include the payment as part of the selling price. E file 1040x Your employer will include it as wages in box 1 of your Form W-2, and you will include it in your income on Form 1040, line 7. E file 1040x Option to buy. E file 1040x   If you grant an option to buy your home and the option is exercised, add the amount you receive for the option to the selling price of your home. E file 1040x If the option is not exercised, you must report the amount as ordinary income in the year the option expires. E file 1040x Report this amount on Form 1040, line 21. E file 1040x Form 1099-S. E file 1040x   If you received Form 1099-S, Proceeds From Real Estate Transactions, box 2 (Gross proceeds) should show the total amount you received for your home. E file 1040x   However, box 2 will not include the fair market value of any services or property other than cash or notes you received or will receive. E file 1040x Instead, box 4 will be checked to indicate your receipt or expected receipt of these items. E file 1040x Amount Realized The amount realized is the selling price minus selling expenses. E file 1040x Selling expenses. E file 1040x   Selling expenses include: Commissions, Advertising fees, Legal fees, and Loan charges paid by the seller, such as loan placement fees or “points. E file 1040x ” Adjusted Basis While you owned your home, you may have made adjustments (increases or decreases) to the basis. E file 1040x This adjusted basis must be determined before you can figure gain or loss on the sale of your home. E file 1040x For information on how to figure your home's adjusted basis, see Determining Basis , later. E file 1040x Amount of Gain or Loss To figure the amount of gain or loss, compare the amount realized to the adjusted basis. E file 1040x Gain on sale. E file 1040x   If the amount realized is more than the adjusted basis, the difference is a gain and, except for any part you can exclude, in most cases is taxable. E file 1040x Loss on sale. E file 1040x   If the amount realized is less than the adjusted basis, the difference is a loss. E file 1040x A loss on the sale of your main home cannot be deducted. E file 1040x Jointly owned home. E file 1040x   If you and your spouse sell your jointly owned home and file a joint return, you figure your gain or loss as one taxpayer. E file 1040x Separate returns. E file 1040x   If you file separate returns, each of you must figure your own gain or loss according to your ownership interest in the home. E file 1040x Your ownership interest is generally determined by state law. E file 1040x Joint owners not married. E file 1040x   If you and a joint owner other than your spouse sell your jointly owned home, each of you must figure your own gain or loss according to your ownership interest in the home. E file 1040x Each of you applies the rules discussed in this chapter on an individual basis. E file 1040x Dispositions Other Than Sales Some special rules apply to other dispositions of your main home. E file 1040x Foreclosure or repossession. E file 1040x   If your home was foreclosed on or repossessed, you have a disposition. E file 1040x See Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments, to determine if you have ordinary income, gain, or loss. E file 1040x Abandonment. E file 1040x   If you abandon your home, see Publication 4681 to determine if you have ordinary income, gain, or loss. E file 1040x Trading (exchanging) homes. E file 1040x   If you trade your old home for another home, treat the trade as a sale and a purchase. E file 1040x Example. E file 1040x You owned and lived in a home with an adjusted basis of $41,000. E file 1040x A real estate dealer accepted your old home as a trade-in and allowed you $50,000 toward a new home priced at $80,000. E file 1040x This is treated as a sale of your old home for $50,000 with a gain of $9,000 ($50,000 – $41,000). E file 1040x If the dealer had allowed you $27,000 and assumed your unpaid mortgage of $23,000 on your old home, your sales price would still be $50,000 (the $27,000 trade-in allowed plus the $23,000 mortgage assumed). E file 1040x Transfer to spouse. E file 1040x   If you transfer your home to your spouse or you transfer it to your former spouse incident to your divorce, you in most cases have no gain or loss. E file 1040x This is true even if you receive cash or other consideration for the home. E file 1040x As a result, the rules in this chapter do not apply. E file 1040x More information. E file 1040x   If you need more information, see Transfer to spouse in Publication 523 and Property Settlements in Publication 504, Divorced or Separated Individuals. E file 1040x Involuntary conversion. E file 1040x   You have a disposition when your home is destroyed or condemned and you receive other property or money in payment, such as insurance or a condemnation award. E file 1040x This is treated as a sale and you may be able to exclude all or part of any gain from the destruction or condemnation of your home, as explained later under Special Situations . E file 1040x Determining Basis You need to know your basis in your home to figure any gain or loss when you sell it. E file 1040x Your basis in your home is determined by how you got the home. E file 1040x Generally, your basis is its cost if you bought it or built it. E file 1040x If you got it in some other way (inheritance, gift, etc. E file 1040x ), your basis is generally either its fair market value when you received it or the adjusted basis of the previous owner. E file 1040x While you owned your home, you may have made adjustments (increases or decreases) to your home's basis. E file 1040x The result of these adjustments is your home's adjusted basis, which is used to figure gain or loss on the sale of your home. E file 1040x See Adjusted Basis , later. E file 1040x You can find more information on basis and adjusted basis in chapter 13 of this publication and in Publication 523. E file 1040x Cost As Basis The cost of property is the amount you paid for it in cash, debt obligations, other property, or services. E file 1040x Purchase. E file 1040x   If you bought your home, your basis is its cost to you. E file 1040x This includes the purchase price and certain settlement or closing costs. E file 1040x In most cases, your purchase price includes your down payment and any debt, such as a first or second mortgage or notes you gave the seller in payment for the home. E file 1040x If you build, or contract to build, a new home, your purchase price can include costs of construction, as discussed in Publication 523. E file 1040x Settlement fees or closing costs. E file 1040x   When you bought your home, you may have paid settlement fees or closing costs in addition to the contract price of the property. E file 1040x You can include in your basis some of the settlement fees and closing costs you paid for buying the home, but not the fees and costs for getting a mortgage loan. E file 1040x A fee paid for buying the home is any fee you would have had to pay even if you paid cash for the home (that is, without the need for financing). E file 1040x    Chapter 13 lists some of the settlement fees and closing costs that you can include in the basis of property, including your home. E file 1040x It also lists some settlement costs that cannot be included in basis. E file 1040x   Also see Publication 523 for additional items and a discussion of basis other than cost. E file 1040x Adjusted Basis Adjusted basis is your cost or other basis increased or decreased by certain amounts. E file 1040x To figure your adjusted basis, you can use Worksheet 1 in Publication 523. E file 1040x Do not use Worksheet 1 if you acquired an interest in your home from a decedent who died in 2010 and whose executor filed Form 8939, Allocation of Increase in Basis for Property Acquired From a Decedent. E file 1040x Increases to basis. E file 1040x   These include the following. E file 1040x Additions and other improvements that have a useful life of more than 1 year. E file 1040x Special assessments for local improvements. E file 1040x Amounts you spent after a casualty to restore damaged property. E file 1040x Improvements. E file 1040x   These add to the value of your home, prolong its useful life, or adapt it to new uses. E file 1040x You add the cost of additions and other improvements to the basis of your property. E file 1040x   For example, putting a recreation room or another bathroom in your unfinished basement, putting up a new fence, putting in new plumbing or wiring, putting on a new roof, or paving your unpaved driveway are improvements. E file 1040x An addition to your house, such as a new deck, a sunroom, or a new garage, is also an improvement. E file 1040x Repairs. E file 1040x   These maintain your home in good condition but do not add to its value or prolong its life. E file 1040x You do not add their cost to the basis of your property. E file 1040x   Examples of repairs include repainting your house inside or outside, fixing your gutters or floors, repairing leaks or plastering, and replacing broken window panes. E file 1040x Decreases to basis. E file 1040x   These include the following. E file 1040x Discharge of qualified principal residence indebtedness that was excluded from income. E file 1040x Some or all of the cancellation of debt income that was excluded due to your bankruptcy or insolvency. E file 1040x For details, see Publication 4681. E file 1040x Gain you postponed from the sale of a previous home before May 7, 1997. E file 1040x Deductible casualty losses. E file 1040x Insurance payments you received or expect to receive for casualty losses. E file 1040x Payments you received for granting an easement or right-of-way. E file 1040x Depreciation allowed or allowable if you used your home for business or rental purposes. E file 1040x Energy-related credits allowed for expenditures made on the residence. E file 1040x (Reduce the increase in basis otherwise allowable for expenditures on the residence by the amount of credit allowed for those expenditures. E file 1040x ) Adoption credit you claimed for improvements added to the basis of your home. E file 1040x Nontaxable payments from an adoption assistance program of your employer you used for improvements you added to the basis of your home. E file 1040x Energy conservation subsidy excluded from your gross income because you received it (directly or indirectly) from a public utility after 1992 to buy or install any energy conservation measure. E file 1040x An energy conservation measure is an installation or modification primarily designed either to reduce consumption of electricity or natural gas or to improve the management of energy demand for a home. E file 1040x District of Columbia first-time homebuyer credit (allowed on the purchase of a principal residence in the District of Columbia beginning on August 5, 1997 and before January 1, 2012). E file 1040x General sales taxes (allowed beginning 2004 and ending before 2014) claimed as an itemized deduction on Schedule A (Form 1040) that were imposed on the purchase of personal property, such as a houseboat used as your home or a mobile home. E file 1040x Discharges of qualified principal residence indebtedness. E file 1040x   You may be able to exclude from gross income a discharge of qualified principal residence indebtedness. E file 1040x This exclusion applies to discharges made after 2006 and before 2014. E file 1040x If you choose to exclude this income, you must reduce (but not below zero) the basis of the principal residence by the amount excluded from your gross income. E file 1040x   File Form 982 with your tax return. E file 1040x See the form's instructions for detailed information. E file 1040x Recordkeeping. E file 1040x You should keep records to prove your home's adjusted basis. E file 1040x Ordinarily, you must keep records for 3 years after the due date for filing your return for the tax year in which you sold your home. E file 1040x But if you sold a home before May 7, 1997, and postponed tax on any gain, the basis of that home affects the basis of the new home you bought. E file 1040x Keep records proving the basis of both homes as long as they are needed for tax purposes. E file 1040x The records you should keep include: Proof of the home's purchase price and purchase expenses, Receipts and other records for all improvements, additions, and other items that affect the home's adjusted basis, Any worksheets or other computations you used to figure the adjusted basis of the home you sold, the gain or loss on the sale, the exclusion, and the taxable gain, Any Form 982 you filed to report any discharge of qualified principal residence indebtedness, Any Form 2119, Sale of Your Home, you filed to postpone gain from the sale of a previous home before May 7, 1997, and Any worksheets you used to prepare Form 2119, such as the Adjusted Basis of Home Sold Worksheet or the Capital Improvements Worksheet from the Form 2119 instructions, or other source of computations. E file 1040x Excluding the Gain You may qualify to exclude from your income all or part of any gain from the sale of your main home. E file 1040x 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. E file 1040x To qualify, you must meet the ownership and use tests described later. E file 1040x 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. E file 1040x You can use Worksheet 2 in Publication 523 to figure the amount of your exclusion and your taxable gain, if any. E file 1040x If you have any taxable gain from the sale of your home, you may have to increase your withholding or make estimated tax payments. E file 1040x See Publication 505, Tax Withholding and Estimated Tax. E file 1040x Maximum Exclusion You can exclude up to $250,000 of the gain (other than gain allocated to periods of nonqualified use) on the sale of your main home if all of the following are true. E file 1040x You meet the ownership test. E file 1040x You meet the use test. E file 1040x During the 2-year period ending on the date of the sale, you did not exclude gain from the sale of another home. E file 1040x For details on gain allocated to periods of nonqualified use, see Periods of nonqualified use , later. E file 1040x You may be able to exclude up to $500,000 of the gain (other than gain allocated to periods of nonqualified use) on the sale of your main home if you are married and file a joint return and meet the requirements listed in the discussion of the special rules for joint returns, later, under Married Persons . E file 1040x Ownership and Use Tests To claim the exclusion, you must meet the ownership and use tests. E file 1040x This means that during the 5-year period ending on the date of the sale, you must have: Owned the home for at least 2 years (the ownership test), and Lived in the home as your main home for at least 2 years (the use test). E file 1040x Exception. E file 1040x   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. E file 1040x However, the maximum amount you may be able to exclude will be reduced. E file 1040x See Reduced Maximum Exclusion , later. E file 1040x Example 1—home owned and occupied for at least 2 years. E file 1040x Mya bought and moved into her main home in September 2011. E file 1040x She sold the home at a gain in October 2013. E file 1040x During the 5-year period ending on the date of sale in October 2013, she owned and lived in the home for more than 2 years. E file 1040x She meets the ownership and use tests. E file 1040x Example 2—ownership test met but use test not met. E file 1040x Ayden bought a home, lived in it for 6 months, moved out, and never occupied the home again. E file 1040x He later sold the home for a gain. E file 1040x He owned the home during the entire 5-year period ending on the date of sale. E file 1040x He meets the ownership test but not the use test. E file 1040x He cannot exclude any part of his gain on the sale unless he qualified for a reduced maximum exclusion (explained later). E file 1040x Period of Ownership and Use 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 nor do they both have to occur at the same time. E file 1040x 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. E file 1040x Temporary absence. E file 1040x   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. E file 1040x The following examples assume that the reduced maximum exclusion (discussed later) does not apply to the sales. E file 1040x Example 1. E file 1040x David Johnson, who is single, bought and moved into his home on February 1, 2011. E file 1040x Each year during 2011 and 2012, David left his home for a 2-month summer vacation. E file 1040x David sold the house on March 1, 2013. E file 1040x Although the total time David used his home is less than 2 years (21 months), he meets the requirement and may exclude gain. E file 1040x The 2-month vacations are short temporary absences and are counted as periods of use in determining whether David used the home for the required 2 years. E file 1040x Example 2. E file 1040x Professor Paul Beard, who is single, bought and moved into a house on August 18, 2010. E file 1040x He lived in it as his main home continuously until January 5, 2012, when he went abroad for a 1-year sabbatical leave. E file 1040x On February 6, 2013, 1 month after returning from the leave, Paul sold the house at a gain. E file 1040x Because his leave was not a short temporary absence, he cannot include the period of leave to meet the 2-year use test. E file 1040x He cannot exclude any part of his gain, because he did not use the residence for the required 2 years. E file 1040x Ownership and use tests met at different times. E file 1040x   You can meet the ownership and use tests during different 2-year periods. E file 1040x However, you must meet both tests during the 5-year period ending on the date of the sale. E file 1040x Example. E file 1040x Beginning in 2002, Helen Jones lived in a rented apartment. E file 1040x The apartment building was later converted to condominiums, and she bought her same apartment on December 3, 2010. E file 1040x In 2011, Helen became ill and on April 14 of that year she moved to her daughter's home. E file 1040x On July 12, 2013, while still living in her daughter's home, she sold her condominium. E file 1040x Helen can exclude gain on the sale of her condominium because she met the ownership and use tests during the 5-year period from July 13, 2008, to July 12, 2013, the date she sold the condominium. E file 1040x She owned her condominium from December 3, 2010, to July 12, 2013 (more than 2 years). E file 1040x She lived in the property from July 13, 2008 (the beginning of the 5-year period), to April 14, 2011 (more than 2 years). E file 1040x The time Helen lived in her daughter's home during the 5-year period can be counted toward her period of ownership, and the time she lived in her rented apartment during the 5-year period can be counted toward her period of use. E file 1040x Cooperative apartment. E file 1040x   If you sold stock as a tenant-stockholder 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: Owned the stock for at least 2 years, and Lived in the house or apartment that the stock entitles you to occupy as your main home for at least 2 years. E file 1040x Exceptions to Ownership and Use Tests The following sections contain exceptions to the ownership and use tests for certain taxpayers. E file 1040x Exception for individuals with a disability. E file 1040x   There is an exception to the use test if: You become physically or mentally unable to care for yourself, and You owned and lived in your home as your main home for a total of at least 1 year during the 5-year period before the sale of your home. E file 1040x Under this exception, you are considered to live in your home during any time within the 5-year period that you own the home and live in a facility (including a nursing home) licensed by a state or political subdivision to care for persons in your condition. E file 1040x 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. E file 1040x Previous home destroyed or condemned. E file 1040x   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 replacement home on whose sale you wish to exclude gain. E file 1040x This rule applies if any part of the basis of the home you sold depended on the basis of the destroyed or condemned home. E file 1040x 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. E file 1040x Members of the uniformed services or Foreign Service, employees of the intelligence community, or employees or volunteers of the Peace Corps. E file 1040x   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, or as an employee of the intelligence community. E file 1040x You can choose to have the 5-year test period for ownership and use suspended during any period you or your spouse serve outside the United States either as an employee of the Peace Corps on "qualified official extended duty" or as an enrolled volunteer or volunteer leader of the Peace Corps. E file 1040x 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. E file 1040x   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. E file 1040x For more information about the suspension of the 5-year test period, see Members of the uniformed services or Foreign Service, employees of the intelligence community, or employees or volunteers of the Peace Corps in Publication 523. E file 1040x Married Persons If you and your spouse file a joint return for the year of sale and one spouse meets the ownership and use tests, you can exclude up to $250,000 of the gain. E file 1040x (But see Special rules for joint returns , next. E file 1040x ) Special rules for joint returns. E file 1040x   You can exclude up to $500,000 of the gain on the sale of your main home if all of the following are true. E file 1040x You are married and file a joint return for the year. E file 1040x Either you or your spouse meets the ownership test. E file 1040x Both you and your spouse meet the use test. E file 1040x 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. E file 1040x 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. E file 1040x For this purpose, each spouse is treated as owning the property during the period that either spouse owned the property. E file 1040x Example 1—one spouse sells a home. E file 1040x Emily sells her home in June 2013 for a gain of $300,000. E file 1040x She marries Jamie later in the year. E file 1040x She meets the ownership and use tests, but Jamie does not. E file 1040x Emily can exclude up to $250,000 of gain on a separate or joint return for 2013. E file 1040x The $500,000 maximum exclusion for certain joint returns does not apply because Jamie does not meet the use test. E file 1040x Example 2—each spouse sells a home. E file 1040x The facts are the same as in Example 1 except that Jamie also sells a home in 2013 for a gain of $200,000 before he marries Emily. E file 1040x He meets the ownership and use tests on his home, but Emily does not. E file 1040x Emily can exclude $250,000 of gain and Jamie can exclude $200,000 of gain on the respective sales of their individual homes. E file 1040x However, Emily cannot use Jamie's unused exclusion to exclude more than $250,000 of gain. E file 1040x Therefore, Emily and Jamie must recognize $50,000 of gain on the sale of Emily's home. E file 1040x The $500,000 maximum exclusion for certain joint returns does not apply because Emily and Jamie do not both meet the use test for the same home. E file 1040x Sale of main home by surviving spouse. E file 1040x   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. E file 1040x   If you meet all of the following requirements, you may qualify to exclude up to $500,000 of any gain from the sale or exchange of your main home. E file 1040x The sale or exchange took place after 2008. E file 1040x The sale or exchange took place no more than 2 years after the date of death of your spouse. E file 1040x You have not remarried. E file 1040x You and your spouse met the use test at the time of your spouse's death. E file 1040x You or your spouse met the ownership test at the time of your spouse's death. E file 1040x Neither you nor your spouse excluded gain from the sale of another home during the last 2 years. E file 1040x Example. E file 1040x   Harry owned and used a house as his main home since 2009. E file 1040x Harry and Wilma married on July 1, 2013, and from that date they use Harry's house as their main home. E file 1040x Harry died on August 15, 2013, and Wilma inherited the property. E file 1040x Wilma sold the property on September 3, 2013, at which time she had not remarried. E file 1040x Although Wilma owned and used the house for less than 2 years, Wilma is considered to have satisfied the ownership and use tests because her period of ownership and use includes the period that Harry owned and used the property before death. E file 1040x Home transferred from spouse. E file 1040x   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. E file 1040x Use of home after divorce. E file 1040x   You are considered to have used property as your main home during any period when: You owned it, and 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. E file 1040x Reduced Maximum Exclusion If you fail to meet the requirements to qualify for the $250,000 or $500,000 exclusion, you may still qualify for a reduced exclusion. E file 1040x This applies to those who: Fail to meet the ownership and use tests, or Have used the exclusion within 2 years of selling their current home. E file 1040x In both cases, to qualify for a reduced exclusion, the sale of your main home must be due to one of the following reasons. E file 1040x A change in place of employment. E file 1040x Health. E file 1040x Unforeseen circumstances. E file 1040x Unforeseen circumstances. E file 1040x   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. E file 1040x   See Publication 523 for more information and to use Worksheet 3 to figure your reduced maximum exclusion. E file 1040x Business Use or Rental of Home You may be able to exclude gain from the sale of a home you have used for business or to produce rental income. E file 1040x But you must meet the ownership and use tests. E file 1040x Periods of nonqualified use. E file 1040x   In most cases, gain from the sale or exchange of your main home will not qualify for the exclusion to the extent that the gains are allocated to periods of nonqualified use. E file 1040x Nonqualified use is any period after 2008 during which neither you nor your spouse (or your former spouse) used the property as a main home with the following exceptions. E file 1040x Exceptions. E file 1040x   A period of nonqualified use does not include: Any portion of the 5-year period ending on the date of the sale or exchange after the last date you (or your spouse) use the property as a main home; Any period (not to exceed an aggregate period of 10 years) during which you (or your spouse) are serving on qualified official extended duty: As a member of the uniformed services; As a member of the Foreign Service of the United States; or As an employee of the intelligence community; and Any other period of temporary absence (not to exceed an aggregate period of 2 years) due to change of employment, health conditions, or such other unforeseen circumstances as may be specified by the IRS. E file 1040x The gain resulting from the sale of the property is allocated between qualified and nonqualified use periods based on the amount of time the property was held for qualified and nonqualified use. E file 1040x Gain from the sale or exchange of a main home allocable to periods of qualified use will continue to qualify for the exclusion for the sale of your main home. E file 1040x Gain from the sale or exchange of property allocable to nonqualified use will not qualify for the exclusion. E file 1040x Calculation. E file 1040x   To figure the portion of the gain allocated to the period of nonqualified use, multiply the gain by the following fraction:   Total nonqualified use during the period of ownership after 2008      Total period of ownership     This calculation can be found in Worksheet 2, line 10, in Publication 523. E file 1040x Example 1. E file 1040x On May 23, 2007, Amy, who is unmarried for all years in this example, bought a house. E file 1040x She moved in on that date and lived in it until May 31, 2009, when she moved out of the house and put it up for rent. E file 1040x The house was rented from June 1, 2009, to March 31, 2011. E file 1040x Amy claimed depreciation deductions in 2009 through 2011 totaling $10,000. E file 1040x Amy moved back into the house on April 1, 2011, and lived there until she sold it on January 31, 2013, for a gain of $200,000. E file 1040x During the 5-year period ending on the date of the sale (January 31, 2008-January 31, 2013), Amy owned and lived in the house for more than 2 years as shown in the following table. E file 1040x Five Year Period Used as  Home Used as  Rental 1/31/08 – 5/31/09 16 months       6/1/09 – 3/31/11   22 months 4/1/11 – 1/31/13 22 months         38 months 22 months During the period Amy owned the house (2,080 days), her period of nonqualified use was 668 days. E file 1040x Amy divides 668 by 2,080 and obtains a decimal (rounded to at least three decimal places) of 0. E file 1040x 321. E file 1040x To figure her gain attributable to the period of nonqualified use, she multiplies $190,000 (the gain not attributable to the $10,000 depreciation deduction) by 0. E file 1040x 321. E file 1040x Because the gain attributable to periods of nonqualified use is $60,990, Amy can exclude $129,010 of her gain. E file 1040x Example 2. E file 1040x William owned and used a house as his main home from 2007 through 2010. E file 1040x On January 1, 2011, he moved to another state. E file 1040x He rented his house from that date until April 30, 2013, when he sold it. E file 1040x During the 5-year period ending on the date of sale (May 1, 2008-April 30, 2013), William owned and lived in the house for more than 2 years. E file 1040x He must report the sale on Form 4797 because it was rental property at the time of sale. E file 1040x Because the period of nonqualified use does not include any part of the 5-year period after the last date William lived in the house, he has no period of nonqualified use. E file 1040x Because he met the ownership and use tests, he can exclude gain up to $250,000. E file 1040x However, he cannot exclude the part of the gain equal to the depreciation he claimed or could have claimed for renting the house, as explained next. E file 1040x Depreciation after May 6, 1997. E file 1040x   If you were entitled to take depreciation deductions because you used your home for business purposes or as rental property, you cannot exclude the part of your gain equal to any depreciation allowed or allowable as a deduction for periods after May 6, 1997. E file 1040x If you can show by adequate records or other evidence that the depreciation allowed was less than the amount allowable, then you may limit the amount of gain recognized to the depreciation allowed. E file 1040x See Publication 544 for more information. E file 1040x Property used partly for business or rental. E file 1040x   If you used property partly as a home and partly for business or to produce rental income, see Publication 523. E file 1040x Reporting the Sale Do not report the 2013 sale of your main home on your tax return unless: You have a gain and do not qualify to exclude all of it, You have a gain and choose not to exclude it, or You received Form 1099-S. E file 1040x If any of these conditions apply, report the entire gain or loss. E file 1040x For details on how to report the gain or loss, see the Instructions for Schedule D (Form 1040) and the Instructions for Form 8949. E file 1040x If you used the home for business or to produce rental income, you may have to use Form 4797 to report the sale of the business or rental part (or the sale of the entire property if used entirely for business or rental). E file 1040x See Business Use or Rental of Home in Publication 523 and the Instructions for Form 4797. E file 1040x Installment sale. E file 1040x    Some sales are made under arrangements that provide for part or all of the selling price to be paid in a later year. E file 1040x These sales are called “installment sales. E file 1040x ” If you finance the buyer's purchase of your home yourself instead of having the buyer get a loan or mortgage from a bank, you probably have an installment sale. E file 1040x You may be able to report the part of the gain you cannot exclude on the installment basis. E file 1040x    Use Form 6252, Installment Sale Income, to report the sale. E file 1040x Enter your exclusion on line 15 of Form 6252. E file 1040x Seller-financed mortgage. E file 1040x   If you sell your home and hold a note, mortgage, or other financial agreement, the payments you receive in most cases consist of both interest and principal. E file 1040x You must separately report as interest income the interest you receive as part of each payment. E file 1040x If the buyer of your home uses the property as a main or second home, you must also report the name, address, and social security number (SSN) of the buyer on line 1 of Schedule B (Form 1040A or 1040). E file 1040x The buyer must give you his or her SSN, and you must give the buyer your SSN. E file 1040x Failure to meet these requirements may result in a $50 penalty for each failure. E file 1040x If either you or the buyer does not have and is not eligible to get an SSN, see Social Security Number in chapter 1. E file 1040x More information. E file 1040x   For more information on installment sales, see Publication 537, Installment Sales. E file 1040x Special Situations The situations that follow may affect your exclusion. E file 1040x Sale of home acquired in a like-kind exchange. E file 1040x   You cannot claim the exclusion if: You acquired your home in a like-kind exchange (also known as a section 1031 exchange), or your basis in your home is determined by reference to the basis of the home in the hands of the person who acquired the property in a like-kind exchange (for example, you received the home from that person as a gift), and You sold the home during the 5-year period beginning with the date your home was acquired in the like-kind exchange. E file 1040x Gain from a like-kind exchange is not taxable at the time of the exchange. E file 1040x This means that gain will not be taxed until you sell or otherwise dispose of the property you receive. E file 1040x To defer gain from a like-kind exchange, you must have exchanged business or investment property for business or investment property of a like kind. E file 1040x For more information about like-kind exchanges, see Publication 544, Sales and Other Dispositions of Assets. E file 1040x Home relinquished in a like-kind exchange. E file 1040x   If you use your main home partly for business or rental purposes and then exchange the home for another property, see Publication 523. E file 1040x Expatriates. E file 1040x   You cannot claim the exclusion if the expatriation tax applies to you. E file 1040x The expatriation tax applies to certain U. E file 1040x S. E file 1040x citizens who have renounced their citizenship (and to certain long-term residents who have ended their residency). E file 1040x For more information about the expatriation tax, see Expatriation Tax in chapter 4 of Publication 519, U. E file 1040x S. E file 1040x Tax Guide for Aliens. E file 1040x Home destroyed or condemned. E file 1040x   If your home was destroyed or condemned, any gain (for example, because of insurance proceeds you received) qualifies for the exclusion. E file 1040x   Any part of the gain that cannot be excluded (because it is more than the maximum exclusion) can be postponed under the rules explained in: Publication 547, in the case of a home that was destroyed, or Publication 544, chapter 1, in the case of a home that was condemned. E file 1040x Sale of remainder interest. E file 1040x   Subject to the other rules in this chapter, you can choose to exclude gain from the sale of a remainder interest in your home. E file 1040x If you make this choice, you cannot choose to exclude gain from your sale of any other interest in the home that you sell separately. E file 1040x Exception for sales to related persons. E file 1040x   You cannot exclude gain from the sale of a remainder interest in your home to a related person. E file 1040x Related persons include your brothers, sisters, half-brothers, half-sisters, spouse, ancestors (parents, grandparents, etc. E file 1040x ), and lineal descendants (children, grandchildren, etc. E file 1040x ). E file 1040x Related persons also include certain corporations, partnerships, trusts, and exempt organizations. E file 1040x Recapturing (Paying Back) a Federal Mortgage Subsidy If you financed your home under a federally subsidized program (loans from tax-exempt qualified mortgage bonds or loans with mortgage credit certificates), you may have to recapture all or part of the benefit you received from that program when you sell or otherwise dispose of your home. E file 1040x You recapture the benefit by increasing your federal income tax for the year of the sale. E file 1040x You may have to pay this recapture tax even if you can exclude your gain from income under the rules discussed earlier; that exclusion does not affect the recapture tax. E file 1040x Loans subject to recapture rules. E file 1040x   The recapture applies to loans that: Came from the proceeds of qualified mortgage bonds, or Were based on mortgage credit certificates. E file 1040x The recapture also applies to assumptions of these loans. E file 1040x When recapture applies. E file 1040x   Recapture of the federal mortgage subsidy applies only if you meet both of the following conditions. E file 1040x You sell or otherwise dispose of your home at a gain within the first 9 years after the date you close your mortgage loan. E file 1040x Your income for the year of disposition is more than that year's adjusted qualifying income for your family size for that year (related to the income requirements a person must meet to qualify for the federally subsidized program). E file 1040x When recapture does not apply. E file 1040x   Recapture does not apply in any of the following situations. E file 1040x Your mortgage loan was a qualified home improvement loan (QHIL) of not more than $15,000 used for alterations, repairs, and improvements that protect or improve the basic livability or energy efficiency of your home. E file 1040x Your mortgage loan was a QHIL of not more than $150,000 in the case of a QHIL used to repair damage from Hurricane Katrina to homes in the hurricane disaster area; a QHIL funded by a qualified mortgage bond that is a qualified Gulf Opportunity Zone Bond; or a QHIL for an owner-occupied home in the Gulf Opportunity Zone (GO Zone), Rita GO Zone, or Wilma GO Zone. E file 1040x For more information, see Publication 4492, Information for Taxpayers Affected by Hurricanes Katrina, Rita, and Wilma. E file 1040x Also see Publication 4492-B, Information for Affected Taxpayers in the Midwestern Disaster Areas. E file 1040x The home is disposed of as a result of your death. E file 1040x You dispose of the home more than 9 years after the date you closed your mortgage loan. E file 1040x You transfer the home to your spouse, or to your former spouse incident to a divorce, where no gain is included in your income. E file 1040x You dispose of the home at a loss. E file 1040x Your home is destroyed by a casualty, and you replace it on its original site within 2 years after the end of the tax year when the destruction happened. E file 1040x The replacement period is extended for main homes destroyed in a federally declared disaster area, a Midwestern disaster area, the Kansas disaster area, and the Hurricane Katrina disaster area. E file 1040x For more information, see Replacement Period in Publication 547. E file 1040x You refinance your mortgage loan (unless you later meet the conditions listed previously under When recapture applies ). E file 1040x Notice of amounts. E file 1040x   At or near the time of settlement of your mortgage loan, you should receive a notice that provides the federally subsidized amount and other information you will need to figure your recapture tax. E file 1040x How to figure and report the recapture. E file 1040x    The recapture tax is figured on Form 8828. E file 1040x If you sell your home and your mortgage is subject to recapture rules, you must file Form 8828 even if you do not owe a recapture tax. E file 1040x Attach Form 8828 to your Form 1040. E file 1040x For more information, see Form 8828 and its instructions. E file 1040x Prev  Up  Next   Home   More Online Publications
Español

Computer Emergency Readiness Team (US CERT)

The Computer Emergency Readiness Team works to improve the nation's cybersecurity posture, coordinates cyber information sharing, and manages cyber risks to the nation.

Contact the Agency or Department

Website: Computer Emergency Readiness Team (US CERT)

E-mail:

Address: Mailstop: 0635
245 Murray Lane SW, Building 410

Washington, DC 20598

Phone Number: (703) 235-5110

Toll-free: (888) 282-0870

The E File 1040x

E file 1040x Publication 225 - Additional Material Prev  Up  Next   Home   More Online Publications