Maried couple want to qualify two residences for exclusion

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  • LCP
    Senior Member
    • Dec 2005
    • 432

    #1

    Maried couple want to qualify two residences for exclusion

    Anybody have any quick feedback on the concept of a married couple living in separate homes for two years in order to qualify an existing rental property as a personal residence eligable for a $250k exclusion?
  • Bees Knees
    Senior Member
    • May 2005
    • 5456

    #2
    Living in separate homes. Yes, that can be done. Each lives in a separate home, excludes $250,000 on their principal residence, and then uses the tax savings to help pay for the divorce.

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    • OldJack
      Banned
      • Dec 2005
      • 1689

      #3
      And you best have proof of time living in each home as I would expect it to be audited.

      Comment

      • jimmcg
        Senior Member
        • Aug 2005
        • 633

        #4
        Had a similar situation a few years back and as Old Jack warned it did get audited. Client survived the audit as we had documented in advance separate addresses with drivers license, auto registration, voter registration, post office notificatons,etc. but needless to say the Service was a tad skeptical. Get as much documentation as possible set up in advance and even then there are no guaranties it will pass muster!

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        • LCP
          Senior Member
          • Dec 2005
          • 432

          #5
          Thanks for the responses .....

          Am I correct that if each property is owned jointly, only 1/2 of the gain on each is going to be excludable?

          See any reason why the properties couldn't be exchanged for one another and become individually owned by the individual who is going to make it their main home?

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