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File 2008 taxes online free h&r block Publication 523 - Main Content Table of Contents Main HomeVacant land. File 2008 taxes online free h&r block Factors used to determine main home. File 2008 taxes online free h&r block Figuring Gain or LossSelling Price Amount Realized Adjusted Basis Amount of Gain or Loss Dispositions Other Than Sales Determining BasisCost As Basis Basis Other Than Cost Adjusted Basis Excluding the GainMaximum Exclusion Ownership and Use Tests Reduced Maximum Exclusion Nonqualified Use Business Use or Rental of HomeUnrecaptured section 1250 gain. File 2008 taxes online free h&r block Property Used Partly for Business or Rental Reporting the SaleSeller-financed mortgage. File 2008 taxes online free h&r block Individual taxpayer identification number (ITIN). File 2008 taxes online free h&r block More information. File 2008 taxes online free h&r block Comprehensive Examples Special SituationsException for sales to related persons. File 2008 taxes online free h&r block Deducting Taxes in the Year of SaleForm 1099-S. File 2008 taxes online free h&r block More information. File 2008 taxes online free h&r block Recapturing (Paying Back) a Federal Mortgage Subsidy Recapture of First-Time Homebuyer CreditExample. File 2008 taxes online free h&r block Worksheets How To Get Tax HelpLow Income Taxpayer Clinics Main Home This section explains the term “main home. File 2008 taxes online free h&r block ” 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. File 2008 taxes online free h&r block To exclude gain under the rules in this publication, 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. File 2008 taxes online free h&r block Land. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block You buy a piece of land and move your main home to it. File 2008 taxes online free h&r block Then, you sell the land on which your main home was located. File 2008 taxes online free h&r block This sale is not considered a sale of your main home, and you cannot exclude any gain on the sale of the land. File 2008 taxes online free h&r block Vacant land. File 2008 taxes online free h&r block   The sale of vacant land is not a sale of your main home unless: The vacant land is adjacent to land containing your home, You owned and used the vacant land as part of your main home, The separate sale of your home satisfies the requirements for exclusion and occurs within 2 years before or 2 years after the date of the sale of the vacant land, and The other requirements for excluding gain from the sale of a main home have been satisfied with respect to the vacant land. File 2008 taxes online free h&r block If these requirements are met, the sale of the home and the sale of the vacant land are treated as one sale and only one maximum exclusion can be applied to any gain. File 2008 taxes online free h&r block See Excluding the Gain , later. File 2008 taxes online free h&r block The destruction of your home is treated as a sale of your home. File 2008 taxes online free h&r block As a result, you may be able to meet these requirements if you sell vacant land used as a part of your main home within 2 years from the date of the destruction of your main home. File 2008 taxes online free h&r block For information, see Publication 547. File 2008 taxes online free h&r block More than one home. File 2008 taxes online free h&r block   If you have more than one home, you can exclude gain only from the sale of your main home. File 2008 taxes online free h&r block You must include in income the gain from the sale of any other home. File 2008 taxes online free h&r block If you have two homes and live in each of them, your main home is ordinarily the one you live in most of the time during the year. File 2008 taxes online free h&r block Example 1. File 2008 taxes online free h&r block You own two homes, one in New York and one in Florida. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block In the absence of facts and circumstances indicating otherwise, the New York home is your main home. File 2008 taxes online free h&r block You would be eligible to exclude the gain from the sale of the New York home but not of the Florida home in 2013. File 2008 taxes online free h&r block Example 2. File 2008 taxes online free h&r block You own a house, but you live in another house that you rent. File 2008 taxes online free h&r block The rented house is your main home. File 2008 taxes online free h&r block Example 3. File 2008 taxes online free h&r block You own two homes, one in Virginia and one in New Hampshire. File 2008 taxes online free h&r block In 2009 and 2010, you lived in the Virginia home. File 2008 taxes online free h&r block In 2011 and 2012, you lived in the New Hampshire home. File 2008 taxes online free h&r block In 2013, you lived again in the Virginia home. File 2008 taxes online free h&r block Your main home in 2009, 2010, and 2013 is the Virginia home. File 2008 taxes online free h&r block Your main home in 2011 and 2012 is the New Hampshire home. File 2008 taxes online free h&r block You would be eligible to exclude gain from the sale of either home (but not both) in 2013. File 2008 taxes online free h&r block Factors used to determine main home. File 2008 taxes online free h&r block   In addition to the amount of time you live in each home, other factors are relevant in determining which home is your main home. File 2008 taxes online free h&r block Those factors include the following. File 2008 taxes online free h&r block Your place of employment. File 2008 taxes online free h&r block The location of your family members' main home. File 2008 taxes online free h&r block Your mailing address for bills and correspondence. File 2008 taxes online free h&r block The address listed on your: Federal and state tax returns, Driver's license, Car registration, and Voter registration card. File 2008 taxes online free h&r block The location of the banks you use. File 2008 taxes online free h&r block The location of recreational clubs and religious organizations of which you are a member. File 2008 taxes online free h&r block Property used partly as your main home. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block For details, see Business Use or Rental of Home , later. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Subtract the adjusted basis from the amount realized to get your gain or loss. File 2008 taxes online free h&r block     Selling price     − Selling expenses       Amount realized     − Adjusted basis       Gain or loss   Gain. File 2008 taxes online free h&r block   Gain is the excess of the amount realized over the adjusted basis of the property. File 2008 taxes online free h&r block Loss. File 2008 taxes online free h&r block   Loss is the excess of the adjusted basis over the amount realized for the property. File 2008 taxes online free h&r block Selling Price The selling price is the total amount you receive for your home. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Personal property. File 2008 taxes online free h&r block   The selling price of your home does not include amounts you received for personal property sold with your home. File 2008 taxes online free h&r block Personal property is property that is not a permanent part of the home. File 2008 taxes online free h&r block Examples are furniture, draperies, rugs, a washer and dryer, and lawn equipment. File 2008 taxes online free h&r block Separately stated amounts you received for these items should not be shown on Form 1099-S (discussed later). File 2008 taxes online free h&r block Any gains from sales of personal property must be included in your income, but not as part of the sale of your home. File 2008 taxes online free h&r block Payment by employer. File 2008 taxes online free h&r block   You may have to sell your home because of a job transfer. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block 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, or on Form 1040NR, line 8. File 2008 taxes online free h&r block Option to buy. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block If the option is not exercised, you must report the amount as ordinary income in the year the option expires. File 2008 taxes online free h&r block Report this amount on Form 1040, line 21, or on Form 1040NR, line 21. File 2008 taxes online free h&r block Form 1099-S. File 2008 taxes online free h&r block   If you received Form 1099-S, box 2 (gross proceeds) should show the total amount you received for your home. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block Instead, box 4 will be checked to indicate your receipt or expected receipt of these items. File 2008 taxes online free h&r block Amount Realized The amount realized is the selling price minus selling expenses. File 2008 taxes online free h&r block Selling expenses. File 2008 taxes online free h&r block   Selling expenses include: Commissions, Advertising fees, Legal fees, and Loan charges paid by the seller, such as loan placement fees or “points. File 2008 taxes online free h&r block ” Adjusted Basis While you owned your home, you may have made adjustments (increases or decreases) to the basis. File 2008 taxes online free h&r block This adjusted basis must be determined before you can figure gain or loss on the sale of your home. File 2008 taxes online free h&r block For information on how to figure your home's adjusted basis, see Determining Basis , later. File 2008 taxes online free h&r block Amount of Gain or Loss To figure the amount of gain or loss, compare the amount realized to the adjusted basis. File 2008 taxes online free h&r block Gain on sale. File 2008 taxes online free h&r block   If the amount realized is more than the adjusted basis, the difference is a gain and, except for any part you can exclude, generally is taxable. File 2008 taxes online free h&r block Loss on sale. File 2008 taxes online free h&r block   If the amount realized is less than the adjusted basis, the difference is a loss. File 2008 taxes online free h&r block Generally, a loss on the sale of your main home cannot be deducted. File 2008 taxes online free h&r block Jointly owned home. File 2008 taxes online free h&r block   If you and your spouse sell your jointly owned home and file a joint return, you figure your gain or loss as one taxpayer. File 2008 taxes online free h&r block Separate returns. File 2008 taxes online free h&r block   If you file separate returns, each of you must figure your own gain or loss according to your ownership interest in the home. File 2008 taxes online free h&r block Your ownership interest is generally determined by state law. File 2008 taxes online free h&r block Joint owners not married. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block Each of you applies the rules discussed in this publication on an individual basis. File 2008 taxes online free h&r block Dispositions Other Than Sales Some special rules apply to other dispositions of your main home. File 2008 taxes online free h&r block Foreclosure or repossession. File 2008 taxes online free h&r block   If your home was foreclosed on or repossessed, you have a disposition. File 2008 taxes online free h&r block See Publication 4681 to determine if you have ordinary income, gain, or loss. File 2008 taxes online free h&r block More information. File 2008 taxes online free h&r block   If part of a home is used for business or rental purposes, see Foreclosures and Repossessions in chapter 1 of Publication 544 for more information. File 2008 taxes online free h&r block Publication 544 has examples of how to figure gain or loss on a foreclosure or repossession. File 2008 taxes online free h&r block Abandonment. File 2008 taxes online free h&r block   If you abandon your home, see Publication 4681 to determine if you have ordinary income, gain, or loss. File 2008 taxes online free h&r block Trading (exchanging) homes. File 2008 taxes online free h&r block   If you trade your home for another home, treat the trade as a sale and a purchase. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block You owned and lived in a home with an adjusted basis of $41,000. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block This is treated as a sale of your old home for $50,000 with a gain of $9,000 ($50,000 − $41,000). File 2008 taxes online free h&r block 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). File 2008 taxes online free h&r block Transfer to spouse. File 2008 taxes online free h&r block   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 (unless the Exception, discussed next, applies). File 2008 taxes online free h&r block This is true even if you receive cash or other consideration for the home. File 2008 taxes online free h&r block As a result, the rules explained in this publication do not apply. File 2008 taxes online free h&r block   If you owned your home jointly with your spouse and transfer your interest in the home to your spouse, or to your former spouse incident to your divorce, the same rule applies. File 2008 taxes online free h&r block You have no gain or loss. File 2008 taxes online free h&r block Exception. File 2008 taxes online free h&r block   These transfer rules do not apply if your spouse or former spouse is a nonresident alien. File 2008 taxes online free h&r block In that case, you generally will have a gain or loss. File 2008 taxes online free h&r block More information. File 2008 taxes online free h&r block    See Property Settlements in Publication 504, Divorced or Separated Individuals, for more information. File 2008 taxes online free h&r block Involuntary conversion. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block 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 (see Home destroyed or condemned ). File 2008 taxes online free h&r block Determining Basis You need to know your basis in your home to figure any gain or loss when you sell it. File 2008 taxes online free h&r block Your basis in your home is determined by how you got the home. File 2008 taxes online free h&r block Generally, your basis is its cost if you bought it or built it. File 2008 taxes online free h&r block If you got it in some other way (inheritance, gift, etc. File 2008 taxes online free h&r block ), your basis is generally either its fair market value when you received it or the adjusted basis of the previous owner. File 2008 taxes online free h&r block While you owned your home, you may have made adjustments (increases or decreases) to your home's basis. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block To figure your adjusted basis, you can use Worksheet 1, near the end of this publication. File 2008 taxes online free h&r block Filled-in examples of that worksheet are included in the Comprehensive Examples , later. File 2008 taxes online free h&r block Cost As Basis The cost of property is the amount you paid for it in cash, debt obligations, other property, or services. File 2008 taxes online free h&r block Purchase. File 2008 taxes online free h&r block   If you bought your home, your basis is its cost to you. File 2008 taxes online free h&r block This includes the purchase price and certain settlement or closing costs. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block If you build, or contract to build, a new home, your purchase price can include costs of construction, as discussed later. File 2008 taxes online free h&r block Seller-paid points. File 2008 taxes online free h&r block   If the person who sold you your home paid points on your loan, you may have to reduce your home's basis by the amount of the points, as shown in the following chart. File 2008 taxes online free h&r block    IF you bought your home. File 2008 taxes online free h&r block . File 2008 taxes online free h&r block . File 2008 taxes online free h&r block THEN reduce your home's basis by the seller-paid points. File 2008 taxes online free h&r block . File 2008 taxes online free h&r block . File 2008 taxes online free h&r block after 1990 but before April 4, 1994 only if you deducted them as home mortgage interest in the year paid. File 2008 taxes online free h&r block after April 3, 1994 even if you did not deduct them. File 2008 taxes online free h&r block Settlement fees or closing costs. File 2008 taxes online free h&r block   When you bought your home, you may have paid settlement fees or closing costs in addition to the contract price of the property. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block 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). File 2008 taxes online free h&r block   Settlement fees do not include amounts placed in escrow for the future payment of items such as taxes and insurance. File 2008 taxes online free h&r block   Some of the settlement fees or closing costs that you can include in your basis are: Abstract fees (abstract of title fees), Charges for installing utility services, Legal fees (including fees for the title search and preparing the sales contract and deed), Recording fees, Survey fees, Transfer or stamp taxes, Owner's title insurance, and Any amounts the seller owes that you agree to pay, such as: Certain real estate taxes (discussed later), Back interest, Recording or mortgage fees, Charges for improvements or repairs, and Sales commissions. File 2008 taxes online free h&r block   Some settlement fees and closing costs you cannot include in your basis are: Fire insurance premiums, Rent for occupancy of the house before closing, Charges for utilities or other services related to occupancy of the house before closing, Any fee or cost that you deducted as a moving expense (allowed for certain fees and costs before 1994), Charges connected with getting a mortgage loan, such as: Mortgage insurance premiums (including funding fees connected with loans guaranteed by the Department of Veterans Affairs), Loan assumption fees, Cost of a credit report, Fee for an appraisal required by a lender, and Fees for refinancing a mortgage. File 2008 taxes online free h&r block Real estate taxes. File 2008 taxes online free h&r block   Real estate taxes for the year you bought your home may affect your basis, as shown in the following chart. File 2008 taxes online free h&r block    IF. File 2008 taxes online free h&r block . File 2008 taxes online free h&r block . File 2008 taxes online free h&r block AND. File 2008 taxes online free h&r block . File 2008 taxes online free h&r block . File 2008 taxes online free h&r block THEN the taxes. File 2008 taxes online free h&r block . File 2008 taxes online free h&r block . File 2008 taxes online free h&r block you pay taxes that the seller owed on the home up to the date of sale the seller does not reimburse you are added to the basis of your home. File 2008 taxes online free h&r block the seller reimburses you do not affect the basis of your home. File 2008 taxes online free h&r block the seller pays taxes for you (taxes owed beginning on the date of sale) you do not reimburse the seller are subtracted from the basis of your home. File 2008 taxes online free h&r block you reimburse the seller do not affect the basis of your home. File 2008 taxes online free h&r block Construction. File 2008 taxes online free h&r block   If you contracted to have your house built on land you own, your basis is: The cost of the land, plus The amount it cost you to complete the house, including: The cost of labor and materials, Any amounts paid to a contractor, Any architect's fees, Building permit charges, Utility meter and connection charges, and Legal fees directly connected with building the house. File 2008 taxes online free h&r block   Your cost includes your down payment and any debt such as a first or second mortgage or notes you gave the seller or builder. File 2008 taxes online free h&r block It also includes certain settlement or closing costs. File 2008 taxes online free h&r block You may have to reduce your basis by points the seller paid for you. File 2008 taxes online free h&r block For more information, see Seller-paid points and Settlement fees or closing costs , earlier. File 2008 taxes online free h&r block Built by you. File 2008 taxes online free h&r block   If you built all or part of your house yourself, its basis is the total amount it cost you to complete it. File 2008 taxes online free h&r block Do not include in the cost of the house: The value of your own labor, or The value of any other labor you did not pay for. File 2008 taxes online free h&r block Temporary housing. File 2008 taxes online free h&r block   If a builder gave you temporary housing while your home was being finished, you must reduce your basis by the part of the contract price that was for the temporary housing. File 2008 taxes online free h&r block To figure the amount of the reduction, multiply the contract price by a fraction. File 2008 taxes online free h&r block The numerator is the value of the temporary housing, and the denominator is the sum of the value of the temporary housing plus the value of the new home. File 2008 taxes online free h&r block Cooperative apartment. File 2008 taxes online free h&r block   If you are a tenant-stockholder in a cooperative housing corporation, your basis in the cooperative apartment used as your home is usually the cost of your stock in the corporation. File 2008 taxes online free h&r block This may include your share of a mortgage on the apartment building. File 2008 taxes online free h&r block Condominium. File 2008 taxes online free h&r block   To determine your basis in a condominium apartment used as your home, use the same rules as for any other home. File 2008 taxes online free h&r block Basis Other Than Cost You must use a basis other than cost, such as adjusted basis or fair market value, if you received your home as a gift, inheritance, a trade, or from your spouse. File 2008 taxes online free h&r block These situations are discussed in the following pages. File 2008 taxes online free h&r block Also, the instructions for Worksheet 1 (near the end of the publication) address each of these issues. File 2008 taxes online free h&r block Other special rules may apply in certain situations. File 2008 taxes online free h&r block If you converted the property, or some part of it, to business or rental use, see Property Changed to Business or Rental Use, in Publication 551. File 2008 taxes online free h&r block Home received as gift. File 2008 taxes online free h&r block   Use the following chart to find the basis of a home you received as a gift. File 2008 taxes online free h&r block IF the donor's adjusted basis at the time of the gift was. File 2008 taxes online free h&r block . File 2008 taxes online free h&r block . File 2008 taxes online free h&r block THEN your basis is. File 2008 taxes online free h&r block . File 2008 taxes online free h&r block . File 2008 taxes online free h&r block more than the fair market value of the home at that time the same as the donor's adjusted basis at the time of the gift. File 2008 taxes online free h&r block   Exception: If using the donor's adjusted basis results in a loss when you sell the home, you must use the fair market value of the home at the time of the gift as your basis. File 2008 taxes online free h&r block If using the fair market value results in a gain, you have neither gain nor loss. File 2008 taxes online free h&r block equal to or less than the fair market value at that time, and you received the gift before 1977 the smaller of the: • donor's adjusted basis, plus  any federal gift tax paid on  the gift, or • the home's fair market value  at the time of the gift. File 2008 taxes online free h&r block equal to or less than the fair market value at that time, and you received the gift after 1976 the same as the donor's adjusted basis, plus the part of any federal gift tax paid that is due to the net increase in value of the home (explained next). File 2008 taxes online free h&r block Fair market value. File 2008 taxes online free h&r block   The fair market value of property at the time of the gift is the value of the property as appraised for purposes of the federal gift tax. File 2008 taxes online free h&r block If the gift was not subject to the federal gift tax, the fair market value is the value as appraised for the purposes of a state gift tax. File 2008 taxes online free h&r block Part of federal gift tax due to net increase in value. File 2008 taxes online free h&r block   Figure the part of the federal gift tax paid that is due to the net increase in value of the home by multiplying the total federal gift tax paid by a fraction. File 2008 taxes online free h&r block The numerator of the fraction is the net increase in the value of the home, and the denominator is the value of the home for gift tax purposes after reduction by any annual exclusion and marital or charitable deduction that applies to the gift. File 2008 taxes online free h&r block The net increase in the value of the home is its fair market value minus the donor's adjusted basis immediately before the gift. File 2008 taxes online free h&r block Home acquired from a decedent who died before or after 2010. File 2008 taxes online free h&r block   If you inherited your home from a decedent who died before or after 2010, your basis is the fair market value of the property on the date of the decedent's death (or the later alternate valuation date chosen by the personal representative of the estate). File 2008 taxes online free h&r block If an estate tax return was filed or required to be filed, the value of the property listed on the estate tax return is your basis. File 2008 taxes online free h&r block If a federal estate tax return did not have to be filed, your basis in the home is the same as its appraised value at the date of death, for purposes of state inheritance or transmission taxes. File 2008 taxes online free h&r block Surviving spouse. File 2008 taxes online free h&r block   If you are a surviving spouse and you owned your home jointly, your basis in the home will change. File 2008 taxes online free h&r block The new basis for the interest your spouse owned will be its fair market value on the date of death (or alternate valuation date). File 2008 taxes online free h&r block The basis in your interest will remain the same. File 2008 taxes online free h&r block Your new basis in the home is the total of these two amounts. File 2008 taxes online free h&r block   If you and your spouse owned the home either as tenants by the entirety or as joint tenants with right of survivorship, you will each be considered to have owned one-half of the home. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block Your jointly owned home (owned as joint tenants with right of survivorship) had an adjusted basis of $50,000 on the date of your spouse's death, and the fair market value on that date was $100,000. File 2008 taxes online free h&r block Your new basis in the home is $75,000 ($25,000 for one-half of the adjusted basis plus $50,000 for one-half of the fair market value). File 2008 taxes online free h&r block Community property. File 2008 taxes online free h&r block   In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), each spouse is usually considered to own half of the community property. File 2008 taxes online free h&r block When either spouse dies, the total fair market value of the community property becomes the basis of the entire property, including the part belonging to the surviving spouse. File 2008 taxes online free h&r block For this to apply, at least half the value of the community property interest must be includible in the decedent's gross estate, whether or not the estate must file a return. File 2008 taxes online free h&r block   For more information about community property, see Publication 555, Community Property. File 2008 taxes online free h&r block    If you are selling a home in which you acquired an interest from a decedent who died in 2010, see Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010, to determine your basis. File 2008 taxes online free h&r block Home received as trade. File 2008 taxes online free h&r block   If you acquired your home as a trade for other property, in most cases, the basis of your home is the fair market value (at the time of the trade) of the property you gave up. File 2008 taxes online free h&r block If you traded one home for another, you have made a sale and purchase. File 2008 taxes online free h&r block In that case, you may have a gain. File 2008 taxes online free h&r block See Trading (exchanging) homes under Dispositions Other Than Sales, earlier, for an example of figuring the gain. File 2008 taxes online free h&r block Home received from spouse. File 2008 taxes online free h&r block   If you received your home from your spouse or from your former spouse incident to your divorce, your basis in the home depends on the date of the transfer. File 2008 taxes online free h&r block Transfers after July 18, 1984. File 2008 taxes online free h&r block   If you received the home after July 18, 1984, there was no gain or loss on the transfer. File 2008 taxes online free h&r block In most cases, your basis in this home is the same as your spouse's (or former spouse's) adjusted basis just before you received it. File 2008 taxes online free h&r block This rule applies even if you received the home in exchange for cash, the release of marital rights, the assumption of liabilities, or other considerations. File 2008 taxes online free h&r block   If you owned a home jointly with your spouse and your spouse transferred his or her interest in the home to you, in most cases, your basis in the half interest received from your spouse is the same as your spouse's adjusted basis just before the transfer. File 2008 taxes online free h&r block This also applies if your former spouse transferred his or her interest in the home to you incident to your divorce. File 2008 taxes online free h&r block Your basis in the half interest you already owned does not change. File 2008 taxes online free h&r block Your new basis in the home is the total of these two amounts. File 2008 taxes online free h&r block Transfers before July 19, 1984. File 2008 taxes online free h&r block   If you received your home before July 19, 1984, in exchange for your release of marital rights, in most cases, your basis in the home is generally its fair market value at the time you received it. File 2008 taxes online free h&r block More information. File 2008 taxes online free h&r block   For more information on property received from a spouse or former spouse, see Property Settlements in Publication 504. File 2008 taxes online free h&r block Involuntary conversion. File 2008 taxes online free h&r block   If your home is destroyed or condemned, you may receive insurance proceeds or a condemnation award. File 2008 taxes online free h&r block If you acquired a replacement home with these proceeds, the basis is its cost decreased by any gain not recognized on the conversion under the rules explained in: Publication 547, in the case of a home that was destroyed, or Chapter 1 of Publication 544, in the case of a home that was condemned. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block A fire destroyed your home that you owned and used for only 6 months. File 2008 taxes online free h&r block The home had an adjusted basis of $80,000 and the insurance company paid you $130,000 for the loss. File 2008 taxes online free h&r block Your gain is $50,000 ($130,000 − $80,000). File 2008 taxes online free h&r block You bought a replacement home for $100,000. File 2008 taxes online free h&r block The part of your gain that is taxable is $30,000 ($130,000 − $100,000), the unspent part of the payment from the insurance company. File 2008 taxes online free h&r block The rest of the gain ($20,000) is not taxable, so that amount reduces your basis in the new home. File 2008 taxes online free h&r block The basis of the new home is figured as follows. File 2008 taxes online free h&r block Cost of replacement home $100,000 Minus: Gain not recognized 20,000 Basis of the replacement home $80,000 More information. File 2008 taxes online free h&r block   For more information about basis, see Publication 551. File 2008 taxes online free h&r block Adjusted Basis Adjusted basis is your cost or other basis increased or decreased by certain amounts. File 2008 taxes online free h&r block To figure your adjusted basis, you can use Worksheet 1, found toward the end of this publication. File 2008 taxes online free h&r block Filled-in examples of that worksheet are included in Comprehensive Examples , later. File 2008 taxes online free h&r block Recordkeeping. File 2008 taxes online free h&r block You should keep records to prove your home's adjusted basis. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Keep records proving the basis of both homes as long as they are needed for tax purposes. File 2008 taxes online free h&r block 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 exclude 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. File 2008 taxes online free h&r block Increases to Basis These include the following. File 2008 taxes online free h&r block Additions and other improvements that have a useful life of more than 1 year. File 2008 taxes online free h&r block Special assessments for local improvements. File 2008 taxes online free h&r block Amounts you spent after a casualty to restore damaged property. File 2008 taxes online free h&r block Improvements. File 2008 taxes online free h&r block   These add to the value of your home, prolong its useful life, or adapt it to new uses. File 2008 taxes online free h&r block You add the cost of additions and other improvements to the basis of your property. File 2008 taxes online free h&r block   The following chart lists some other examples of improvements. File 2008 taxes online free h&r block Examples of Improvements That Increase Basis Additions Bedroom Bathroom Deck Garage Porch Patio Heating & Air Conditioning Heating system Central air conditioning Furnace Duct work Central humidifier Filtration system Lawn & Grounds Landscaping Driveway Walkway Fence  Retaining wall Sprinkler system Swimming pool  Miscellaneous Storm windows, doors New roof Central vacuum Wiring upgrades Satellite dish Security system  Plumbing Septic system Water heater Soft water system Filtration system  Interior Improvements Built-in appliances  Kitchen modernization  Flooring Wall-to-wall carpeting  Insulation Attic Walls Floors Pipes and duct work Improvements no longer part of home. File 2008 taxes online free h&r block   Your home's adjusted basis does not include the cost of any improvements that are replaced and are no longer part of the home. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block You put wall-to-wall carpeting in your home 15 years ago. File 2008 taxes online free h&r block Later, you replaced that carpeting with new wall-to-wall carpeting. File 2008 taxes online free h&r block The cost of the old carpeting you replaced is no longer part of your home's adjusted basis. File 2008 taxes online free h&r block Repairs. File 2008 taxes online free h&r block   These maintain your home in good condition but do not add to its value or prolong its life. File 2008 taxes online free h&r block You do not add their cost to the basis of your property. File 2008 taxes online free h&r block Examples. File 2008 taxes online free h&r block Repainting your house inside or outside, fixing your gutters or floors, repairing leaks or plastering, and replacing broken window panes are examples of repairs. File 2008 taxes online free h&r block Exception. File 2008 taxes online free h&r block   The entire job is considered an improvement if items that would otherwise be considered repairs are done as part of an extensive remodeling or restoration of your home. File 2008 taxes online free h&r block For example, if you have a casualty and your home is damaged, increase your basis by the amount you spend on repairs that restore the property to its pre-casualty condition. File 2008 taxes online free h&r block Decreases to Basis These include the following. File 2008 taxes online free h&r block Discharge of qualified principal residence indebtedness that was excluded from income (but not below zero). File 2008 taxes online free h&r block For details, see Publication 4681. File 2008 taxes online free h&r block Some or all of the cancellation of debt income that was excluded due to your bankruptcy or insolvency. File 2008 taxes online free h&r block For details, see Publication 4681. File 2008 taxes online free h&r block Gain you postponed from the sale of a previous home before May 7, 1997. File 2008 taxes online free h&r block Deductible casualty losses. File 2008 taxes online free h&r block Insurance payments you received or expect to receive for casualty losses. File 2008 taxes online free h&r block Payments you received for granting an easement or right-of-way. File 2008 taxes online free h&r block Depreciation allowed or allowable if you used your home for business or rental purposes. File 2008 taxes online free h&r block Energy-related credits allowed for expenditures made on the residence. File 2008 taxes online free h&r block (Reduce the increase in basis otherwise allowable for expenditures on the residence by the amount of credit allowed for those expenditures. File 2008 taxes online free h&r block ) Adoption credit you claimed for improvements added to the basis of your home. File 2008 taxes online free h&r block Nontaxable payments from an adoption assistance program of your employer you used for improvements you added to the basis of your home. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block District of Columbia first-time homebuyer credit allowed on the purchase of a principal residence in the District of Columbia. File 2008 taxes online free h&r block General sales taxes 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. File 2008 taxes online free h&r block Discharges of qualified principal residence indebtedness. File 2008 taxes online free h&r block   You may be able to exclude from gross income a discharge of qualified principal residence indebtedness. File 2008 taxes online free h&r block This exclusion applies to discharges made after 2006 and before 2014. File 2008 taxes online free h&r block If you choose to exclude this income, you must reduce (but not below zero) the basis of your principal residence by the amount excluded from gross income. File 2008 taxes online free h&r block   File Form 982 with your tax return. File 2008 taxes online free h&r block See the form's instructions for detailed information. File 2008 taxes online free h&r block    A decrease in basis due to a discharge of qualified principal residence indebtedness that is excluded from income occurs only if you retain ownership of the principal residence after a discharge. File 2008 taxes online free h&r block In most cases, this would occur in a refinancing or a restructuring of the mortgage. File 2008 taxes online free h&r block Excluding the Gain You may qualify to exclude from your income all or part of any gain from the sale of your main home. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block To qualify, you must meet the ownership and use tests described later. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block This choice can be made (or revoked) at any time before the expiration of a 3-year period beginning on the due date of your return (not including extensions) for the year of the sale. File 2008 taxes online free h&r block You can use Worksheet 2 (near the end of this publication) to figure the amount of your exclusion and your taxable gain, if any. File 2008 taxes online free h&r block If you have any taxable gain from the sale of your home, you may have to increase your withholding or make estimated tax payments. File 2008 taxes online free h&r block See Publication 505, Tax Withholding and Estimated Tax. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block You meet the ownership test. File 2008 taxes online free h&r block You meet the use test. File 2008 taxes online free h&r block During the 2-year period ending on the date of the sale, you did not exclude gain from the sale of another home. File 2008 taxes online free h&r block For details on gain allocated to periods of nonqualified use, see Nonqualified Use , later. File 2008 taxes online free h&r block If you and another person owned the home jointly but file separate returns, each of you can exclude up to $250,000 of gain from the sale of your interest in the home if each of you meets the three conditions just listed. File 2008 taxes online free h&r block 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 . File 2008 taxes online free h&r block Ownership and Use Tests To claim the exclusion, you must meet the ownership and use tests. File 2008 taxes online free h&r block 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). File 2008 taxes online free h&r block Exception. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block However, the maximum amount you may be able to exclude will be reduced. File 2008 taxes online free h&r block See Reduced Maximum Exclusion , later. File 2008 taxes online free h&r block Example 1—home owned and occupied for at least 2 years. File 2008 taxes online free h&r block Mya bought and moved into her main home in September 2011. File 2008 taxes online free h&r block She sold the home at a gain in October 2013. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block She meets the ownership and use tests. File 2008 taxes online free h&r block Example 2—ownership test met but use test not met. File 2008 taxes online free h&r block Ayden bought a home, lived in it for 6 months, moved out, and never occupied the home again. File 2008 taxes online free h&r block He later sold the home for a gain in June 2013. File 2008 taxes online free h&r block He owned the home during the entire 5-year period ending on the date of sale. File 2008 taxes online free h&r block He meets the ownership test but not the use test. File 2008 taxes online free h&r block He cannot exclude any part of his gain on the sale unless he qualified for a reduced maximum exclusion (explained later). File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block Naomi bought and moved into a house in July 2009. File 2008 taxes online free h&r block She lived there for 13 months and then moved in with a friend. File 2008 taxes online free h&r block She later moved back into her house and lived there for 12 months until she sold it in August 2013. File 2008 taxes online free h&r block Naomi meets the ownership and use tests because, during the 5-year period ending on the date of sale, she owned the house for more than 2 years and lived in it for a total of 25 (13 + 12) months. File 2008 taxes online free h&r block Temporary absence. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block The following examples assume that the reduced maximum exclusion (discussed later) does not apply to the sales. File 2008 taxes online free h&r block Example 1. File 2008 taxes online free h&r block David Johnson, who is single, bought and moved into his home on February 1, 2011. File 2008 taxes online free h&r block Each year during 2011 and 2012, David left his home for a 2-month summer vacation. File 2008 taxes online free h&r block David sold the house on March 1, 2013. File 2008 taxes online free h&r block Although the total time David lived in his home is less than 2 years (21 months), he meets the use requirement and may exclude gain. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Example 2. File 2008 taxes online free h&r block Professor Paul Beard, who is single, bought and moved into a house in December 2010, went abroad for a 1-year sabbatical leave in January 2012, returned to the house in January 2013, and sold it at a gain in February 2013. File 2008 taxes online free h&r block Because his leave was not a short temporary absence, he cannot include the period of leave to meet the 2-year use test. File 2008 taxes online free h&r block He cannot exclude any part of his gain because he did not use the residence for the required 2 years. File 2008 taxes online free h&r block Ownership and use tests met at different times. File 2008 taxes online free h&r block   You can meet the ownership and use tests during different 2-year periods. File 2008 taxes online free h&r block However, you must meet both tests during the 5-year period ending on the date of the sale. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block Beginning in 2002, Helen Jones lived in a rented apartment. File 2008 taxes online free h&r block The apartment building was later converted to condominiums, and she bought her same apartment on December 3, 2010. File 2008 taxes online free h&r block In 2011, Helen became ill and on April 14 of that year she moved to her daughter's home. File 2008 taxes online free h&r block On July 12, 2013, while still living in her daughter's home, she sold her condominium. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block She owned her condominium from December 3, 2010, to July 12, 2013 (more than 2 years). File 2008 taxes online free h&r block She lived in the property from July 13, 2008 (the beginning of the 5-year period), to April 14, 2011 (more than 2 years). File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Cooperative apartment. File 2008 taxes online free h&r block   If you sold stock as a tenant-shareholder 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 entitled you to occupy as your main home for at least 2 years. File 2008 taxes online free h&r block Exceptions to Ownership and Use Tests The following sections contain exceptions to the ownership and use tests for certain taxpayers. File 2008 taxes online free h&r block Exception for individuals with a disability. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block Previous home destroyed or condemned. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block This rule applies if any part of the basis of the home you sold depended on the basis of the destroyed or condemned home (see Involuntary Conversions in Publication 551). File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Members of the uniformed services or Foreign Service, employees of the intelligence community, or employees or volunteers of the Peace Corps. File 2008 taxes online free h&r block   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 (defined later) as a member of the uniformed services or Foreign Service of the United States, or as an employee of the intelligence community. File 2008 taxes online free h&r block 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 (defined later) or as an enrolled volunteer or volunteer leader of the Peace Corps. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block John bought and moved into a home in 2005. File 2008 taxes online free h&r block He lived in it as his main home for 2½ years. File 2008 taxes online free h&r block For the next 6 years, he did not live in it because he was on qualified official extended duty with the Army. File 2008 taxes online free h&r block He then sold the home at a gain in 2013. File 2008 taxes online free h&r block To meet the use test, John chooses to suspend the 5-year test period for the 6 years he was on qualified official extended duty. File 2008 taxes online free h&r block This means he can disregard those 6 years. File 2008 taxes online free h&r block Therefore, John's 5-year test period consists of the 5 years before he went on qualified official extended duty. File 2008 taxes online free h&r block He meets the ownership and use tests because he owned and lived in the home for 2½ years during this test period. File 2008 taxes online free h&r block Period of suspension. File 2008 taxes online free h&r block   The period of suspension cannot last more than 10 years. File 2008 taxes online free h&r block Together, the 10-year suspension period and the 5-year test period can be as long as, but no more than, 15 years. File 2008 taxes online free h&r block You cannot suspend the 5-year period for more than one property at a time. File 2008 taxes online free h&r block You can revoke your choice to suspend the 5-year period at any time. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block Mary bought a home on April 1, 1997. File 2008 taxes online free h&r block She used it as her main home until August 31, 2000. File 2008 taxes online free h&r block On September 1, 2000, she went on qualified official extended duty with the Navy. File 2008 taxes online free h&r block She did not live in the house again before selling it on July 31, 2013. File 2008 taxes online free h&r block Mary chooses to use the entire 10-year suspension period. File 2008 taxes online free h&r block Therefore, the suspension period would extend back from July 31, 2013, to August 1, 2003, and the 5-year test period would extend back to August 1, 1998. File 2008 taxes online free h&r block During that period, Mary owned the house all 5 years and lived in it as her main home from August 1, 1998, until August 31, 2000, a period of more than 24 months. File 2008 taxes online free h&r block She meets the ownership and use tests because she owned and lived in the home for at least 2 years during this test period. File 2008 taxes online free h&r block Uniformed services. File 2008 taxes online free h&r block   The uniformed services are: The Armed Forces (the Army, Navy, Air Force, Marine Corps, and Coast Guard), The commissioned corps of the National Oceanic and Atmospheric Administration, and The commissioned corps of the Public Health Service. File 2008 taxes online free h&r block Foreign Service member. File 2008 taxes online free h&r block   For purposes of the choice to suspend the 5-year test period for ownership and use, you are a member of the Foreign Service if you are any of the following. File 2008 taxes online free h&r block A Chief of mission. File 2008 taxes online free h&r block An Ambassador at large. File 2008 taxes online free h&r block A member of the Senior Foreign Service. File 2008 taxes online free h&r block A Foreign Service officer. File 2008 taxes online free h&r block Part of the Foreign Service personnel. File 2008 taxes online free h&r block Employee of the intelligence community. File 2008 taxes online free h&r block   For purposes of the choice to suspend the 5-year test period for ownership and use, you are an employee of the intelligence community if you are an employee of any of the following. File 2008 taxes online free h&r block The Office of the Director of National Intelligence. File 2008 taxes online free h&r block The Central Intelligence Agency. File 2008 taxes online free h&r block The National Security Agency. File 2008 taxes online free h&r block The Defense Intelligence Agency. File 2008 taxes online free h&r block The National Geospatial-Intelligence Agency. File 2008 taxes online free h&r block The National Reconnaissance Office and any other office within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs. File 2008 taxes online free h&r block Any of the intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, the Department of Treasury, the Department of Energy, and the Coast Guard. File 2008 taxes online free h&r block The Bureau of Intelligence and Research of the Department of State. File 2008 taxes online free h&r block Any of the elements of the Department of Homeland Security concerned with the analyses of foreign intelligence information. File 2008 taxes online free h&r block Qualified official extended duty. File 2008 taxes online free h&r block   You are on qualified official extended duty if you are on extended duty while: Serving at a duty station at least 50 miles from your main home, or Living in Government quarters under Government orders. File 2008 taxes online free h&r block   You are on extended duty when you are called or ordered to active duty for a period of more than 90 days or for an indefinite period. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block (But see Special rules for joint returns, next. File 2008 taxes online free h&r block ) Special rules for joint returns. File 2008 taxes online free h&r block   You can exclude up to $500,000 of the gain on the sale of your main home if all of the following are true. File 2008 taxes online free h&r block You are married and file a joint return for the year. File 2008 taxes online free h&r block Either you or your spouse meets the ownership test. File 2008 taxes online free h&r block Both you and your spouse meet the use test. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block For this purpose, each spouse is treated as owning the property during the period that either spouse owned the property. File 2008 taxes online free h&r block Example 1—one spouse sells a home. File 2008 taxes online free h&r block Emily sells her home in June 2013 for a gain of $300,000. File 2008 taxes online free h&r block She marries Jamie later in the year. File 2008 taxes online free h&r block She meets the ownership and use tests, but Jamie does not. File 2008 taxes online free h&r block Emily can exclude up to $250,000 of gain on a separate or joint return for 2013. File 2008 taxes online free h&r block The $500,000 maximum exclusion for certain joint returns does not apply because Jamie does not meet the use test. File 2008 taxes online free h&r block Example 2—each spouse sells a home. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block He meets the ownership and use tests on his home, but Emily does not. File 2008 taxes online free h&r block Emily can exclude $250,000 of gain and Jamie can exclude $200,000 of gain on the respective sales of their individual homes. File 2008 taxes online free h&r block However, Emily cannot use Jamie's unused exclusion to exclude more than $250,000 of gain. File 2008 taxes online free h&r block Therefore, Emily and Jamie must recognize $50,000 of gain on the sale of Emily's home. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Sale of main home by surviving spouse. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block The sale or exchange took place after 2008. File 2008 taxes online free h&r block The sale or exchange took place no more than 2 years after the date of death of your spouse. File 2008 taxes online free h&r block You have not remarried. File 2008 taxes online free h&r block You and your spouse met the use test at the time of your spouse's death. File 2008 taxes online free h&r block You or your spouse met the ownership test at the time of your spouse's death. File 2008 taxes online free h&r block Neither you nor your spouse excluded gain from the sale of another home during the last 2 years before the date of death. File 2008 taxes online free h&r block The ownership and use tests were described earlier. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block Harry owned and used a house as his main home since 2009. File 2008 taxes online free h&r block Harry and Wilma married on July 1, 2013, and from that date they used Harry's house as their main home. File 2008 taxes online free h&r block Harry died on August 15, 2013, and Wilma inherited the property. File 2008 taxes online free h&r block Wilma sold the property on September 1, 2013, at which time she had not remarried. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Home transferred from spouse. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block Use of home after divorce. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block In both cases, to qualify for a reduced exclusion, the sale of your main home must be due to one of the following reasons. File 2008 taxes online free h&r block A change in place of employment. File 2008 taxes online free h&r block Health. File 2008 taxes online free h&r block Unforeseen circumstances. File 2008 taxes online free h&r block Qualified individual. File 2008 taxes online free h&r block   For purposes of the reduced maximum exclusion, a qualified individual is any of the following. File 2008 taxes online free h&r block You. File 2008 taxes online free h&r block Your spouse. File 2008 taxes online free h&r block A co-owner of the home. File 2008 taxes online free h&r block A person whose main home is the same as yours. File 2008 taxes online free h&r block Primary reason for sale. File 2008 taxes online free h&r block   One of the three reasons above will be considered to be the primary reason you sold your home if either (1) or (2) is true. File 2008 taxes online free h&r block You qualify under a “safe harbor. File 2008 taxes online free h&r block ” This is a specific set of facts and circumstances that, if applicable, qualifies you to claim a reduced maximum exclusion. File 2008 taxes online free h&r block Safe harbors corresponding to the reasons listed above are described later. File 2008 taxes online free h&r block A safe harbor does not apply, but you can establish, based on facts and circumstances, that the primary reason for the sale is a change in place of employment, health, or unforeseen circumstances. File 2008 taxes online free h&r block  Factors that may be relevant in determining your primary reason for sale include whether: Your sale and the circumstances causing it were close in time, The circumstances causing your sale occurred during the time you owned and used the property as your main home, The circumstances causing your sale were not reasonably foreseeable when you began using the property as your main home, Your financial ability to maintain the property became materially impaired, The suitability of the property as your main home materially changed, and During the time you owned the property, you used it as your home. File 2008 taxes online free h&r block Change in Place of Employment You may qualify for a reduced exclusion if the primary reason for the sale of your main home is a change in the location of employment of a qualified individual. File 2008 taxes online free h&r block Employment. File 2008 taxes online free h&r block   For this purpose, employment includes the start of work with a new employer or continuation of work with the same employer. File 2008 taxes online free h&r block It also includes the start or continuation of self-employment. File 2008 taxes online free h&r block Distance safe harbor. File 2008 taxes online free h&r block   A change in place of employment is considered to be the reason you sold your home if: The change occurred during the period you owned and used the property as your main home, and The new place of employment is at least 50 miles farther from the home you sold than was the former place of employment (or, if there was no former place of employment, the distance between your new place of employment and the home sold is at least 50 miles). File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block Justin was unemployed and living in a townhouse in Florida he had owned and used as his main home since 2012. File 2008 taxes online free h&r block He got a job in North Carolina and sold his townhouse in 2013. File 2008 taxes online free h&r block Because the distance between Justin's new place of employment and the home he sold is at least 50 miles, the sale satisfies the conditions of the distance safe harbor. File 2008 taxes online free h&r block Justin's sale of his home is considered to be because of a change in place of employment, and he is entitled to claim a reduced maximum exclusion of gain from the sale. File 2008 taxes online free h&r block Health The sale of your main home is because of health if your primary reason for the sale is: To obtain, provide, or facilitate the diagnosis, cure, mitigation, or treatment of disease, illness, or injury of a qualified individual, or To obtain or provide medical or personal care for a qualified individual suffering from a disease, illness, or injury. File 2008 taxes online free h&r block The sale of your home is not because of health if the sale merely benefits a qualified individual's general health or well-being. File 2008 taxes online free h&r block For purposes of this reason, a qualified individual includes, in addition to the individuals listed earlier under Qualified individual , any of the following family members of these individuals. File 2008 taxes online free h&r block Parent, grandparent, stepmother, stepfather. File 2008 taxes online free h&r block Child, grandchild, stepchild, adopted child, eligible foster child. File 2008 taxes online free h&r block Brother, sister, stepbrother, stepsister, half-brother, half-sister. File 2008 taxes online free h&r block Mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. File 2008 taxes online free h&r block Uncle, aunt, nephew, niece, or cousin. File 2008 taxes online free h&r block Example. File 2008 taxes online free h&r block In 2012, Chase and Lauren, spouses, bought a house that they used as their main home. File 2008 taxes online free h&r block Lauren's father has a chronic disease and is unable to care for himself. File 2008 taxes online free h&r block In 2013, Chase and Lauren sold their home in order to move into Lauren's father's house to provide care for him. File 2008 taxes online free h&r block Because the primary reason for the sale of their home was to provide care for Lauren's father, Chase and Lauren are entitled to a reduced maximum exclusion. File 2008 taxes online free h&r block Doctor's recommendation safe harbor. File 2008 taxes online free h&r block   Health is considered to be the reason you sold your home if, for one or more of the reasons listed at the beginning of this discussion, a doctor recommends a change of residence. File 2008 taxes online free h&r block Unforeseen Circumstances 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 that home. File 2008 taxes online free h&r block You are not considered to have an unforeseen circumstance if the primary reason you sold your home was that you preferred to get a different home or because your finances improved. File 2008 taxes online free h&r block Specific event safe harbors. File 2008 taxes online free h&r block   Unforeseen circumstances are considered to be the reason for selling your home if any of the following events occurred while you owned and used the property as your main home. File 2008 taxes online free h&r block An involuntary conversion of your home, such as when your home is destroyed or condemned. File 2008 taxes online free h&r block Natural or man-made disasters or acts of war or terrorism resulting in a casualty to your home, whether or not your loss is deductible. File 2008 taxes online free h&r block In the case of qualified individuals (listed earlier under Qualified individual ): Death, Unemployment (if the individual is eligible for unemployment compensation), A change in employment or self-employment status that results in the individual's inability to pay reasonable basic living expenses (listed under Reasonable basic living expenses , later) for his or her household, Divorce or legal separation under a decree of divorce or separate maintenance, or Multiple births resulting from the same pregnancy. File 2008 taxes online free h&r block An event the IRS determined to be an unforeseen circumstance in published guidance of general applicability. File 2008 taxes online free h&r block For example, the IRS determined the September 11, 2001, terrorist attacks to be an unforeseen circumstance. File 2008 taxes online free h&r block Reasonable basic living expenses. File 2008 taxes online free h&r block   Reasonable basic living expenses for your household include the following. File 2008 taxes online free h&r block Amounts spent for food. File 2008 taxes online free h&r block Amounts spent for clothing. File 2008 taxes online free h&r block Housing and related expenses. File 2008 taxes online free h&r block Medical expenses. File 2008 taxes online free h&r block Transportation expenses. File 2008 taxes online free h&r block Tax payments. File 2008 taxes online free h&r block Court-ordered payments. File 2008 taxes online free h&r block Expenses reasonably necessary to produce income. File 2008 taxes online free h&r block   Any of these amounts spent to maintain an affluent or luxurious standard of living are not reasonable basic living expenses. File 2008 taxes online free h&r block Nonqualified Use Gain from the sale or exchange of the main home is not excludable from income if it is allocable to periods of nonqualified use. File 2008 taxes online free h&r block Nonqualified use means any period after 2008 where neither you nor your spouse (or your former spouse) used the property as a main home, with certain exceptions (see next). File 2008 taxes online free h&r block Exceptions. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block Calculation. File 2008 taxes online free h&r block   To figure the portion of the gain allocated to the period of nonqualified use, multiply the gain (net of any depreciation allowed or allowable on the property for periods after May 6, 1997) 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, later in this publication. File 2008 taxes online free h&r block   For examples of this calculation, see Business Use or Rental of Home , next. File 2008 taxes online free h&r block 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 if you meet the ownership and use tests. File 2008 taxes online free h&r block Example 1. File 2008 taxes online free h&r block On May 23, 2007, Amy, who is unmarried for all years in this example, bought a house. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block The house was rented from June 1, 2009, to March 31, 2011. File 2008 taxes online free h&r block Amy claimed depreciation deductions in 2009 through 2011 totaling $10,000. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Five-Year Period Used as Home Used as Rental 1/31/08 – 5/31/09 16 months   6/01/09 – 3/31/11   22 months 4/01/11 – 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. File 2008 taxes online free h&r block Because the gain attributable to periods of nonqualified use is $60,990, Amy can exclude $129,010 of her gain, as shown on Worksheet 2. File 2008 taxes online free h&r block Example 2. File 2008 taxes online free h&r block William owned and used a house as his main home from 2007 through 2010. File 2008 taxes online free h&r block On January 1, 2011, he moved to another state. File 2008 taxes online free h&r block He rented his house from that date until April 30, 2013, when he sold it. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Because it was rental property at the time of the sale, he must report the sale on Form 4797. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Because he met the ownership and use tests, he can exclude gain up to $250,000. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Depreciation after May 6, 1997. File 2008 taxes online free h&r block   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. File 2008 taxes online free h&r block 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. File 2008 taxes online free h&r block Unrecaptured section 1250 gain. File 2008 taxes online free h&r block   This is the part of any long-term capital gain from the sale of your home that is due to depreciation and cannot be excluded. File 2008 taxes online free h&r block To figure the amount of unrecaptured section 1250 gain to be reported on Schedule D (Form 1040), you must also take into account certain gains or losses from the sale of property other than your home. File 2008 taxes online free h&r block Use the Unrecaptured Section 1250 Gain Worksheet in the Schedule D instructions for this purpose. File 2008 taxes online free h&r block Worksheet 2. File 2008 taxes online free h&r block Taxable Gain on Sale of Home—Completed Example 1 for Amy Part 1. File 2008 taxes online free h&r block Gain or (Loss) on Sale       1. File 2008 taxes online free h&r block   Selling price of home 1. File 2008 taxes online free h&r block     2. File 2008 taxes online free h&r block   Selling expenses (including commissions, advertising and legal fees, and seller-paid loan charges) 2. File 2008 taxes online free h&r block     3. File 2008 taxes online free h&r block   Subtract line 2 from line 1. File 2008 taxes online free h&r block This is the amount realized 3. File 2008 taxes online free h&r block     4. File 2008 taxes online free h&r block   Adjusted basis of home sold (from Worksheet 1, line 13) 4. File 2008 taxes online free h&r block     5. File 2008 taxes online free h&r block   Gain or (loss) on the sale. File 2008 taxes online free h&r block Subtract line 4 from line 3. File 2008 taxes online free h&r block If this is a loss, stop here 5. File 2008 taxes online free h&r block 200,000   Part 2. File 2008 taxes online free h&r block Exclusion and Taxable Gain       6. File 2008 taxes online free h&r block   Enter any depreciation allowed or allowable on the property for periods after May 6, 1997. File 2008 taxes online free h&r block If none, enter -0- 6. File 2008 taxes online free h&r block 10,000   7. File 2008 taxes online free h&r block   Subtract line 6 from line 5. File 2008 taxes online free h&r block If the result is less than zero, enter -0- 7. File 2008 taxes online free h&r block 190,000   8. File 2008 taxes online free h&r block   Aggregate number of days of nonqualified use after 2008. File 2008 taxes online free h&r block If none, enter -0-. File 2008 taxes online free h&r block  If line 8 is equal to zero, skip to line 12 and enter the amount from line 7 on line 12 8. File 2008 taxes online free h&r block 668   9. File 2008 taxes online free h&r block   Number of days taxpayer owned the property 9. File 2008 taxes online free h&r block 2,080   10. File 2008 taxes online free h&r block   Divide the amount on line 8 by the amount on line 9. File 2008 taxes online free h&r block Enter the result as a decimal (rounded to at least 3 places). File 2008 taxes online free h&r block But do not enter an amount greater than 1. File 2008 taxes online free h&r block 00 10. File 2008 taxes online free h&r block 0. File 2008 taxes online free h&r block 321   11. File 2008 taxes online free h&r block   Gain allocated to nonqualified use. File 2008 taxes online free h&r block (Line 7 multiplied by line 10) 11. File 2008 taxes online free h&r block 60,990   12. File 2008 taxes online free h&r block   Gain eligible for exclusion. File 2008 taxes online free h&r block Subtract line 11 from line 7 12. File 2008 taxes online free h&r block 129,010   13. File 2008 taxes online free h&r block   If you qualify to exclude gain on the sale, enter your maximum exclusion (see Maximum Exclusion ). File 2008 taxes online free h&r block  If you qualify for a reduced maximum exclusion, enter the amount from Worksheet 3, line 7. File 2008 taxes online free h&r block If you do  not qualify to exclude gain, enter -0- 13. File 2008 taxes online free h&r block 250,000   14. File 2008 taxes online free h&r block   Exclusion. File 2008 taxes online free h&r block Enter the smaller of line 12 or line 13 14. File 2008 taxes online free h&r block 129,010   15. File 2008 taxes online free h&r block   Taxable gain. File 2008 taxes online free h&r block Subtract line 14 from line 5. File 2008 taxes online free h&r block Report your taxable gain as described under Reporting the Sale . File 2008 taxes online free h&r block If the amount on line 6 is more than zero, complete line 16 15. File 2008 taxes online free h&r block 70,990   16. File 2008 taxes online free h&r block   Enter the smaller of line 6 or line 15. File 2008 taxes online free h&r block Enter this amount on line 12 of the Unrecaptured Section 1250 Gain  Worksheet in the instructions for Schedule D (Form 1040) 16. File 2008 taxes online free h&r block 10,000 Property Used Partly for Business or Rental If you use property partly as a home and partly for business or to produce rental income, the treatment of any gain on the sale depends partly on whether the business or rental part of the property is part of your home or separate from it. File 2008 taxes online free h&r block Part of Home Used for Business or Rental If the part of your property used for business or to produce rental income is within your home, such as a room used as a home office for a business, you do not need to allocate gain on the sale of the property between the business part of the property and the part used as a home. File 2008 taxes online free h&r block In addition, you do not need to report the sale of the business or rental part on Form 4797. File 2008 taxes online free h&r block This is true whether or not you were entitled to claim any depreciation. File 2008 taxes online free h&r block However, you cannot exclude the part of any gain equal to any depreciation allowed or allowable after May 6, 1997. File 2008 taxes online free h&r block See Depreciation after May 6, 1997, earlier. File 2008 taxes online free h&r block Example 1. File 2008 taxes online free h&r block Ray sold his main home in 2013 at a $30,000 gain. File 2008 taxes online free h&r block He has no gains or losses from the sale of property other than the gain from the sale of his home. File 2008 taxes online free h&r block He meets the ownership and use tests to exclude the gain from his income. File 2008 taxes online free h&r block However, he used part of the home as a business office in 2012 and claimed $500 depreciation. File 2008 taxes online free h&r block Because the business office was part of his home (not separate from it), he does not have to allocate the gain on the sale between the business part of the property and the part used as a home. File 2008 taxes online free h&r block In addition, he does not have to report any part of the gain on Form 4797. File 2008 taxes online free h&r block Because Ray was entitled to take a depreciation deduction, he must recognize $500 of the gain as unrecaptured section 1250 gain. File 2008 taxes online free h&r block He reports his gain, exclusion, and the taxable gain of $500 on Form 8949 and Schedule D (Form 1040). File 2008 taxes online free h&r block Example 2. File 2008 taxes online free h&r block The facts are the same as in Example 1 except that Ray was not entitled to claim depreciation for the business use of his home. File 2008 taxes online free h&r block Since Ray did not claim any depreciation, he can exclude the entire $30,000 gain. File 2008 taxes online free h&r block Separate Part of Property Used for Business or Rental You may have used part of your property as your home and a separate part of it for business or to produce rental income. File 2008 taxes online free h&r block Examples are: A working farm on which your house was located, A duplex in w
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Contact My Local Office in Michigan

Face-to-face Tax Help

IRS Taxpayer Assistance Centers (TACs) are your source for personal tax help when you believe your tax issue can only be handled face-to-face. No appointment is necessary.

Keep in mind, many questions can be resolved online without waiting in line. Through IRS.gov you can:
• Set up a payment plan.
• Get a transcript of your tax return.
• Make a payment.
• Check on your refund.
• Find answers to many of your tax questions.

We are now referring all requests for tax return preparation services to other available resources. You can take advantage of free tax preparation through Free File, Free File Fillable Forms or through a volunteer site in your community. To find the nearest volunteer site location or to get more information about Free File, go to the top of the page and enter “Free Tax Help” in the Search box.

If you have a tax account issues and feel that it requires talking with someone face-to-face, visit your local TAC.

Caution:  Many of our offices are located in Federal Office Buildings. These buildings may not allow visitors to bring in cell phones with camera capabilities.

Multilingual assistance is available in every office. Hours of operation are subject to change.

Before visiting your local office click on "Services Provided" in the chart below to see what services are available. Services are limited and not all services are available at every TAC office and may vary from site to site. You can get these services on a walk-in basis.

City Street Address Days/Hours of Service Telephone* 
Detroit  500 Woodward Ave.
Detroit, MI 48226 

Monday-Friday - 8:30 a.m.- 4:30 p.m.

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**

 

Services Provided

(313) 628-3722 
Flint  917 N. Saginaw Street
Flint, MI 48503 

Monday-Friday - 8:30 a.m.- 4:30 p.m.
(Closed for lunch 12:30 p.m. - 1:30 p.m.)

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**


Services Provided

(810) 342-6190 
Grand Rapids  3251 N. Evergreen Dr. N.E.
Grand Rapids, MI 49525 

Monday-Friday - 8:30 a.m.- 4:30 p.m.
 

Services Provided

(616) 365-4700 
Marquette  1055 W. Baraga Ave.
Marquette, MI 49855 

Monday-Friday - 8:30 a.m.- 4:30 p.m.
(Closed for lunch 12:30 p.m. - 1:30 p.m.)

 

Services Provided

(906) 228-7845 
Saginaw  4901 Towne Centre
Saginaw, MI 48604 

Monday-Friday - 8:30 a.m.- 4:30 p.m.
(Closed for lunch 12:30 p.m. - 1:30 p.m.)

 

Services Provided

(989) 797-8560 
Traverse City  2040 N. US 31 South
Traverse City, MI 49685 

Monday-Friday - 8:30 a.m.- 4:30 p.m.
(Closed for lunch 12:30 p.m. - 1:30 p.m.)
 

    Services Provided

(231) 932-2192 

* Note: The phone numbers in the chart above are not toll-free for all locations. When you call, you will reach a recorded business message with information about office hours, locations and services provided in that office. If face-to-face assistance is not a priority for you, you may also get help with IRS letters or resolve tax account issues by phone, toll free at 1-800-829-1040 (individuals) or 1-800-829-4933 (businesses).

For information on where to file your tax return please see Where to File Addresses.

The Taxpayer Advocate Service: Call 313-628-3670 in Detroit or 1-877-777-4778 elsewhere, or see Publication 1546, The Taxpayer Advocate Service of the IRS.

For further information, see Tax Topic 104

Partnerships

IRS and organizations all over the country are partnering to assist taxpayers. Through these partnerships, organizations are also achieving their own goals. These mutually beneficial partnerships are strengthening outreach efforts and bringing education and assistance to millions.

For more information about these programs for individuals and families, contact the Stakeholder Partnerships, Education and Communication Office at:

Internal Revenue Service
477 Michigan Ave.
Stop 45, Room 2401
Detroit, MI 48226

For more information about these programs for businesses, your local Stakeholder Liaison office establishes relationships with organizations representing small business and self-employed taxpayers. They provide information about the policies, practices and procedures the IRS uses to ensure compliance with the tax laws. To establish a relationship with us, use this list to find a contact in your state:

Stakeholder Liaison (SL) Phone Numbers for Organizations Representing Small Businesses and Self-employed Taxpayers.

Page Last Reviewed or Updated: 28-Mar-2014

The File 2008 Taxes Online Free H&r Block

File 2008 taxes online free h&r block 11. File 2008 taxes online free h&r block   Employer-Provided Educational Assistance Table of Contents Introduction Working condition fringe benefit. File 2008 taxes online free h&r block Introduction If you receive educational assistance benefits from your employer under an educational assistance program, you can exclude up to $5,250 of those benefits each year. File 2008 taxes online free h&r block This means your employer should not include those benefits with your wages, tips, and other compensation shown in box 1 of your Form W-2. File 2008 taxes online free h&r block This also means that you do not have to include the benefits on your income tax return. File 2008 taxes online free h&r block You cannot use any of the tax-free education expenses paid for by your employer as the basis for any other deduction or credit, including the American opportunity credit and lifetime learning credit. File 2008 taxes online free h&r block Educational assistance program. File 2008 taxes online free h&r block   To qualify as an educational assistance program, the plan must be written and must meet certain other requirements. File 2008 taxes online free h&r block Your employer can tell you whether there is a qualified program where you work. File 2008 taxes online free h&r block Educational assistance benefits. File 2008 taxes online free h&r block   Tax-free educational assistance benefits include payments for tuition, fees and similar expenses, books, supplies, and equipment. File 2008 taxes online free h&r block Education generally includes any form of instruction or training that improves or develops your capabilities. File 2008 taxes online free h&r block The payments do not have to be for work-related courses or courses that are part of a degree program. File 2008 taxes online free h&r block   Educational assistance benefits do not include payments for the following items. File 2008 taxes online free h&r block Meals, lodging, or transportation. File 2008 taxes online free h&r block Tools or supplies (other than textbooks) that you can keep after completing the course of instruction. File 2008 taxes online free h&r block Courses involving sports, games, or hobbies unless they: Have a reasonable relationship to the business of your employer, or Are required as part of a degree program. File 2008 taxes online free h&r block Benefits over $5,250. File 2008 taxes online free h&r block   If your employer pays more than $5,250 in educational assistance benefits for you during the year, you must generally pay tax on the amount over $5,250. File 2008 taxes online free h&r block Your employer should include in your wages (Form W-2, box 1) the amount that you must include in income. File 2008 taxes online free h&r block Working condition fringe benefit. File 2008 taxes online free h&r block    However, if the benefits over $5,250 also qualify as a working condition fringe benefit, your employer does not have to include them in your wages. File 2008 taxes online free h&r block A working condition fringe benefit is a benefit which, had you paid for it, you could deduct as an employee business expense. File 2008 taxes online free h&r block For more information on working condition fringe benefits, see Working Condition Benefits in chapter 2 of Publication 15-B, Employer's Tax Guide to Fringe Benefits. File 2008 taxes online free h&r block Prev  Up  Next   Home   More Online Publications