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December 5, 2020
Question

Military Capital Gains Extension

  • December 5, 2020
  • 1 reply
  • 0 views

Greetings!

I’m an active duty military member who bought a house in San Antonio in 2008.  We lived in it until 2012 when we got orders to Florida but kept it as a rental.  Fast forward to 2019 – we actually got orders back to San Antonio and bought another house. There was a tenant in the rental, and they moved out in August 2020.  We then sold it in November.  What does this mean for my capital gains? As a military member, would I still qualify for the ten year extension even though I moved back to San Antonio?  Whatever the answer might be, do the TurboTax algorithms account for this when I file?

Thank you!

Eric

    1 reply

    Critter-3
    December 6, 2020

    Here is the third book you need by your bedside ... the IRS pub 3.  Read the rules starting on page 17 and follow the program screen instructions carefully to get the personal residence exclusion if you are eligible.  If you are having trouble then upgrade to the LIVE option or seek local professional assistance for this year's return ... see if the JAG office has tax prep help.

     

    https://www.irs.gov/pub/irs-pdf/p3.pdf

    ejiAuthor
    December 6, 2020

    Thanks so much for the reply.  I'm definitely tracking. Normally this would be simple in that I definitely qualify because the military moved me away. My case is more complicated in that the military moved me back to this location again many years later, and a tenant was in the property.  I then sold the property after the tenant moved out. 

     

    Also, does TurboTax provide an option somewhere during filing to claim this capital gains extension/exemption for military?

    Critter-3
    December 6, 2020

    The program does if you pay attention however you will use the home sale section and recapture the depreciation taken  ... do not sell it using the rental section.