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September 30, 2023
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Work-related move and capital gains on rental

  • September 30, 2023
  • 1 reply
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I have a home purchased in 2013 as a primary residence that we lived in until 2015. We then moved overseas for a job offer and began renting out the home, hoping we’d return to it one day. Now, it’s looking like we will not return and we have decided to sell. Since we have not used it as our primary residence in the past five years we know we are subject to capital gains tax. However, is there any partial exclusion available since the original reason for us moving was work-related, or does that only apply to capital gains on sales of homes done in less than two years from purchase?

 

Thank you for any insight! 

Best answer by Critter-3

The 2 of 5 year rule is hard and fast so you cannot exclude any of the gain  UNLESS you are active duty military then the rule extends to 10 years.  Either way the depreciation allowed or allowable must be recaptured. 

 

Read up in the IRS pub 3 :  https://www.irs.gov/forms-pubs/about-publication-3

1 reply

Critter-3
Critter-3Answer
September 30, 2023

The 2 of 5 year rule is hard and fast so you cannot exclude any of the gain  UNLESS you are active duty military then the rule extends to 10 years.  Either way the depreciation allowed or allowable must be recaptured. 

 

Read up in the IRS pub 3 :  https://www.irs.gov/forms-pubs/about-publication-3