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January 29, 2025
Question

Home sale

  • January 29, 2025
  • 1 reply
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I was a resident of Delaware when I lit my home on the market.  However it didn’t sell until after I moved out of state.  On the Delaware REW-EST form (estimated income tax) can I claim that I was a resident or do I need to calculate tax withholding as an out of state seller?

1 reply

January 29, 2025

Calculate your tax as an 'out of state seller'.  The home sold after your move so you were not a Delaware (DE) resident at the time of sale.

 

Sale of Home Exclusion Rules:

Exclusion amount: If you meet certain conditions, you may exclude the first $250,000 of gain from the sale of your home from your income and avoid paying taxes on it. The exclusion is increased to $500,000 for a married couple filing jointly.

 

Key Eligibility RequirementsIRS Publication 523

  1. Ownership: If you owned the home for at least 24 months (2 years) out of the last 5 years leading up to the date of sale (date of the closing), you meet the ownership requirement. For a married couple filing jointly, only one spouse has to meet the ownership requirement.
  2. Use: If you owned the home and used it as your residence for at least 24 months of the previous 5 years, you meet the residence requirement. The 24 months of residence can fall anywhere within the 5-year period, and it doesn't have to be a single block of time. All that is required is a total of 24 months (730 days) of residence during the 5-year period. Unlike the ownership requirement, each spouse must meet the residence requirement individually for a married couple filing jointly to get the full exclusion.
  3. Look Back Period: If you didn't sell another home during the 2-year period before the date of sale (or, if you did sell another home during this period, but didn't take an exclusion of the gain earned from it), you meet the look-back requirement. You may take the exclusion only once during a 2-year period.
  4. Exceptions - May not apply to you and can be reviewed at the link above.

 

Delaware: Delaware generally follows the same exclusion rules as the IRS

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