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Old 01-22-2022, 07:32 AM
 
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
34,705 posts, read 58,031,425 times
Reputation: 46172

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Quote:
Originally Posted by mathjak107 View Post
So if you are single and lived or owned your home for 1 year and it has been at least 1 year since you last claimed the exclusion, then you can claim 365/730 = ½ of the $250,000 limit. Therefore, the most that you can exclude is $125,000
True, you can use a portion of the 250 / 500k exclusion if your stay was less than 24 months.
You start a new 24 month clock each transaction, and cannot take more than one / 24 months (with exceptions... moving / commute change over 40 miles, having multiple births, medical necessity...)

https://www.investopedia.com/ask/ans...inhomesale.asp
https://www.irs.gov/taxtopics/tc701
https://www.irs.gov/publications/p523

as mentioned, a 1031 is for investment properties and must be done by a 3rd party and has strict rules on replacement properties and time frame. You can never touch / have access to those funds during the transactions
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Old 01-26-2022, 06:15 AM
 
21,922 posts, read 9,491,642 times
Reputation: 19453
Quote:
Originally Posted by tewest86 View Post
I was fully prepared to pay this tax but I just found out that I may have a way out.

Here is the background. Wife and I bought a house. We realized that we needed more space so we listed house in this crazy market and sold it. We bought it for $262k on 4-1-20. We sold it for $307k on 8-27-21. We thing took those proceeds and purchased another house on 8-31-21. As you can see, we owned the house for less than 2 yrs. However, 2 days after the sell, we used the proceeds to purchase another property.

I have not talk to a Tax lawyer yet. Who should I talk to about this? CPA?

Any experts in here? THanks.
Good try but no. You can only do 1031 exchanges for investment property.
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Old 01-26-2022, 06:19 AM
 
Location: Kansas City North
6,816 posts, read 11,538,348 times
Reputation: 17146
Quote:
Originally Posted by ukrkoz View Post
That's for filing single. Filing married limit is $500 000. Plus, all repairs and add ons count towards the property base. So, if they bought it for $262K and invested $40K in improvements and repairs, and paid 6% to realtor, they had no gain and, actually, loss. What is tax deductible.
I don’t think you can deduct a loss on owner occupied real estate.
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Old 01-26-2022, 06:23 AM
 
21,922 posts, read 9,491,642 times
Reputation: 19453
Quote:
Originally Posted by mathjak107 View Post
So if you are single and lived or owned your home for 1 year and it has been at least 1 year since you last claimed the exclusion, then you can claim 365/730 = ½ of the $250,000 limit. Therefore, the most that you can exclude is $125,000
Can you cite a source for this? I have never heard anything of the kind and can't find this anywhere.
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Old 01-26-2022, 06:23 AM
 
2,595 posts, read 2,287,390 times
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Quote:
Originally Posted by Okey Dokie View Post
I don’t think you can deduct a loss on owner occupied real estate.
You can deduct your costs, improvements and realtor commission.
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Old 01-26-2022, 06:45 AM
 
Location: Kansas City North
6,816 posts, read 11,538,348 times
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Quote:
Originally Posted by organic_donna View Post
You can deduct your costs, improvements and realtor commission.
Yes, to get to your adjusted basis, but if the bottom line is a loss, you can’t deduct.

Example: original purchase price $200,000, improvements and commissions $50,000 = $150,000 adjusted basis. If you then sell for $125,000, you can’t deduct your $25,000 loss.
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Old 01-26-2022, 07:23 AM
 
185 posts, read 135,880 times
Reputation: 648
Quote:
Originally Posted by tewest86 View Post
I was fully prepared to pay this tax but I just found out that I may have a way out.

Here is the background. Wife and I bought a house. We realized that we needed more space so we listed house in this crazy market and sold it. We bought it for $262k on 4-1-20. We sold it for $307k on 8-27-21. We thing took those proceeds and purchased another house on 8-31-21. As you can see, we owned the house for less than 2 yrs. However, 2 days after the sell, we used the proceeds to purchase another property.

I have not talk to a Tax lawyer yet. Who should I talk to about this? CPA?

Any experts in here? THanks.

Here are the rules for any exclusion. You are not qualified for partial exclusion:

https://www.irs.gov/publications/p523

When you say you sold it for $307k, is that your net proceeds after commissions, escrow expense? You should have received a Net Proceeds final document from Escrow.
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Old 01-27-2022, 06:05 PM
 
10,730 posts, read 5,661,282 times
Reputation: 10863
Quote:
Originally Posted by ukrkoz View Post
That's for filing single. Filing married limit is $500 000. Plus, all repairs and add ons count towards the property base. So, if they bought it for $262K and invested $40K in improvements and repairs, and paid 6% to realtor, they had no gain and, actually, loss. What is tax deductible.
Repairs don’t increase basis, and losses on personal use assets aren’t deductible.
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Old 01-27-2022, 06:07 PM
 
10,730 posts, read 5,661,282 times
Reputation: 10863
Quote:
Originally Posted by Okey Dokie View Post
Yes, to get to your adjusted basis, but if the bottom line is a loss, you can’t deduct.

Example: original purchase price $200,000, improvements and commissions $50,000 = $150,000 adjusted basis. If you then sell for $125,000, you can’t deduct your $25,000 loss.
Improvements and commissions reduce basis?
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Old 01-27-2022, 06:49 PM
 
Location: Kansas City North
6,816 posts, read 11,538,348 times
Reputation: 17146
Quote:
Originally Posted by TaxPhd View Post
Improvements and commissions reduce basis?
Oh, geez, I’m all confused, they INCREASE your basis, but the bottom line is you can’t claim a loss on owner occupied real estate.
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