1. Single homeowners can exclude the entire
gain on the sale of a home up to $250,000. Married can can exclude $500,000
if they file a joint return for the year, either spouse meets the ownership
test, both meet the use test, and neither spouse is excluding a gain from
the sale of another home after May 6, 1997.
2. All homeowners must satisfy three tests.
The ownership test means the seller owned the home for at least two years
of the five-year period before the closing date. The use test means the
seller used the property as a principal residence for two of the five-year
period. And the waiting period test means the exclusion wasn't used during
the preceding two-year period.
3. There's no limit to the number of times
the exclusion will apply. There's no cumulative
feature. For example, a married seller may exclude up to $500,000 of gain
on each home sale over a lifetime, provided all other requirements are met.
4. Since January 1, 1998 gain from all capital
assets held for more than 12 months are taxed at the rate of 20 percent
for taxpayers in the 15 percent tax bracket.
If sellers qualify for the exclusion, the first $250,000 or $500,000 of
the gain on the sale isn't taxable. Any gain beyond the $250,000/$500,000
is taxed at these capital gains rates and not at the higher, ordinary income
tax rates.
5. Can job transferees who must sell their
house in less than the two year period exclude any of the gain?
Yes, they can claim a percentage equal to the percentage of the two-year
requirement they have satisfied. So if they owned and used the property
for only six months, they'd be entitled to a 25 percent exclusion (six month
is 25 percent of two years) of the $250,000 or $500,000 depending on their
situation.
6. Are there other situations where a reduced
exclusion is allowed? Yes, Owners who sell because
of a change in health are treated the same as job transferees. The exclusion
is available to those who owned their home on August 5, 1997 (the date the
law became effective), and sell before August 5, 1999. Those sellers should
see their tax consultant for more information.
7. Owners of a rental property-or a home formerly
used as a principal residence-can qualify for the exclusion even if they
no longer live there on the sale date. That is,
provided they meet the ownership, use, and waiting period tests. Also owner
of a rental property can move into their property for two years, convert
the rental into a principal residence, and be eligible for the exclusion.