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August 1, 2024
Question

Capital gains on Primary residence

  • August 1, 2024
  • 2 replies
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I helped my daughter buy a house 10 years ago and we are both on title.

I have never taken any deduction on my own taxes...she has taken 100% of the benefits of the ownership.

 

Now she is selling.  Can she take the $250k  tax exemption even though I am a joint owner?

    2 replies

    M-MTax
    August 1, 2024

     Can she take the $250k  tax exemption even though I am a joint owner?

    Yes she can if she qualifies for the last 2 out of 5 rule 

    Employee
    August 1, 2024

    If you have joint title, and the IRS chooses to audit, they will assume by default that the capital gains should be apportioned 50/50, with your daughter getting the exclusion on her half, but you owing tax on your half.  To rebut this presumption, you should gather documents that show that your daughter had the exclusive benefits of ownership, and accepted all the responsibilities of ownership.   In other words, compile evidence showing that your daughter paid all the bills; performed all maintenance, repairs, lawn mowing, etc. (or paid 100% of the cost of those services provided by contractors etc); that your daughter claimed the mortgage interest and property tax deductions and you did not; that you never lived there (except for occasional temporary visits) and so on.  Don't send proof with her tax return, but keep it on hand for 6 year after filing.

     

    Also, the two of you need to make sure that if the closing agent issues a 1099-S reporting the sale, that the 1099 only includes your daughter's name and SSN and not yours.