The following is some basic information on tax rules affecting buyers and
sellers, from the National Association of Realtors.
. Married
owners 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.
The test
means the seller owned the home for at least two years of the five-year
period before the closing date. The test
means the seller used the property as a principal residence for two
years of that five-year period. And the test means the exclusion wasn’t used during the
preceding two-year period. Further, sellers aren’t required to
purchase a replacement residence as they were under the old law.
. There’s no cumulative
feature. For example, a married seller may exclude up to $500,000 of
gain (250,000 if single) on each home sale over a lifetime, provided
other requirements are met.
. 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 those amounts is taxed
at these capital gains rates and not at the higher, ordinary income
tax rates.
Yes! They
can claim a percentage equal to the amount of the two-year requirement
they have satisfied. For example, six months of used and owned property
is 25% of two years, of either $250,000 or $500,000 depending on
their situation.
They qualify is they meet the ownership, use and waiting
period tests. Also, owners 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.
Klara
Madlin Real Estate Inc. has been
in business since 1984. We specialize in the sale of cooperatives and
condominiums apartments and townhouses in Manhattan. |