Wednesday, April 10, 2013

Capital Gains Tax - When does it come into play

By Dan Henn


It's tax season and people are brooding about numerous sorts of deductions ranging from the interest paid on loans to credits for property taxes. What you may not know nonetheless , is that selling your home might also help in cutting your taxes.

People find out about capital gains taxes from real-estate sales. What they don't realize is that you can profit from the sale of a primary residence to the tune of $250,000 (single filing) or $500,000 if your married and file jointly. Property consultants should be educating sellers about this since it lessens a huge worry.

This option came about thanks to the Taxpayer Relief act (1997). Part of this law lightened the capital gains tax, granting relief to literally millions of home sellers. The exclusion sums noted previously are pre-sale, and it makes it much easier to sell a house, while nicely decreasing mounds of documentation that used to go with Capital Gains reporting.

If you were ignorant of the Taxpayer Relief act and slid back on the old ways of handling Capital Gains - you've got no worries. If you sold your home after 1997, the law still applies to you are you able to can claim the exemption. The resulting funds can be used in any manner you deem acceptable, while before it was critical to apply them to the purchase of another residence.

If you're someone who moves a lot , the new law will not hinder your utilisation of the sales exemption whether or not you buy and sell 20 houses. You can keep on making tax-free profit on each and every sale provided it's under the exemption limits.

Here are 1 or 2 rules to the Capital Gains Tax exemption you will need to recollect. You cannot take part in 'flipping ' homes. The single time the relief act applies to a house sale is when it's your first residence - meaning you live there. You do not get an exemption from investment property unless you transform it into your primary residence and live there for no less than two years. For those that spend part of the year in a second home, you can still total the time you live in the house that you are intending to sell. That 2 year period can occur any time during the 5 years before the house went on sale.

One or two other little technicalities: so as to enjoy the benefits of the Relief act, there must be a two year period between house sales. Also , as a couple it isn't necessary for both folks to have lived in the house for 2 years. As an example, if Sally marries Harry who already owns a home that he's lived in for a year, so a year from now he could sell the home and qualify for the exclusion. The sole limit to this, again, is that neither Sally nor Harry employed the exemption in the last 2 years.

Traversing the waters of Capital Gains taxes can get a little muddy. When you find yourself doubtful as to the simple way to proceed, contact a tax specialist who knows the legal considerations and will help you manage your home sale better.




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