Home sale, ownership requirement

Forum|Forum|1 year ago
April 5, 2025
1 reply
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I’m trying to determine if I meet the 2 year ownership requirement for a sold home. I’ve lived in the home for over 24 months; sole owner for 10+ months, but 14 months and earlier I was the remainderman and my mother had lifetime use, so both our names were on the property tax documents, and many years before a gift tax returned was filed for the transfer.

Now, the remainderman has an ownership interest in the property, calculated from actuarial tables. Since I’ve had "ownership" of the home over 24 months, can I do a calculation based on my partial interest in the home?

Best answer by KeshaH

Yes, your remainder interest counts toward the ownership tests. Regulations under IRC section 12 clarify that the ownership requirement can include the period that you held a remainder interest.

KeshaHAnswer

Yes, your remainder interest counts toward the ownership tests. Regulations under IRC section 12 clarify that the ownership requirement can include the period that you held a remainder interest.