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

Tax act 2011 free Index A Accounting method: Accrual method, Accounting Method Cash method, Accounting Method Assistance (see Tax help) B Business: Expenses, Business Expenses Start-up costs, Business Start-Up Costs Use of car, Car and Truck Expenses Use of home, Business Use of Your Home C Car and truck expenses, Car and Truck Expenses Corporation, Corporations. Tax act 2011 free D Depositing taxes, Depositing Taxes Depreciation, Depreciation E Employer identification number (EIN), Employer Identification Number (EIN) Employment taxes: Defined, Employment Taxes Records to keep, Employment taxes. Tax act 2011 free Estimated tax, Estimated tax. Tax act 2011 free Excise taxes, Excise Taxes F Form: 1099-MISC, Form 1099-MISC. Tax act 2011 free 11-C, Form 11-C. Tax act 2011 free 1128, Changing your tax year. Tax act 2011 free 2290, Form 2290. Tax act 2011 free 720, Form 720. Tax act 2011 free 730, Form 730. Tax act 2011 free 8300, Form 8300. Tax act 2011 free 8829, Which form do I file? I-9, Form I-9. Tax act 2011 free SS-4, Applying for an EIN. Tax act 2011 free W-2, Form W-2 Wage Reporting, Form W-2. Tax act 2011 free W-4, Form W-4. Tax act 2011 free W-9, Other payee. Tax act 2011 free FUTA tax, Federal Unemployment (FUTA) Tax H Help (see Tax help) Help from Small Business Administration, Small Business Administration I Identification numbers, Identification Numbers Income tax, Income Tax, Federal Income, Social Security, and Medicare Taxes Information returns, Information Returns Inventories, Accounting Method L Limited liability company, Limited liability company. Tax act 2011 free M Medicare tax, Federal Income, Social Security, and Medicare Taxes More Information (see Tax help) More information (see Tax help) O Office in home, Business Use of Your Home P Partnership, Partnerships. Tax act 2011 free Penalties, Penalties Publications (see Tax help) R Recordkeeping, Recordkeeping Records, how long to keep, How Long To Keep Records S S corporation, S corporations. Tax act 2011 free Self-employment tax, Self-Employment Tax Small Business Administration, Small Business Administration Social security tax, Federal Income, Social Security, and Medicare Taxes Sole proprietorship, Sole proprietorships. Tax act 2011 free Start-up costs, Business Start-Up Costs T Tax help, How to Get More Information Tax year, Tax Year Taxes: Employment, Employment Taxes Estimated, Estimated tax. Tax act 2011 free Excise, Excise Taxes How to deposit, Depositing Taxes Income, Income Tax Self-employment, Self-Employment Tax Unemployment (FUTA), Federal Unemployment (FUTA) Tax Taxpayer Advocate, Taxpayer Advocate Service. Tax act 2011 free TTY/TDD information, How to Get More Information U Unemployment (FUTA) tax, Federal Unemployment (FUTA) Tax Prev  Up     Home   More Online Publications