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sale-1/2 residence, 1/2 rental

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    sale-1/2 residence, 1/2 rental

    I think I have a dilema & need help.
    Taxpayer bought home in 98.
    Rented out 1/2 of it from 2002 - 2005, at which time she got married, moved out & rented the whole house from 8/2005 - 5/2007 (less than 2 years).
    5/2007 she sold the house.
    So, she had lived in it from 1998 - 2005. That satisfies the 3 out of the last 5 rule. But, because it was a rental for 2 of the last 5 does that change things? Regarding the gain on the house & there is gain, can it be split down the middle - personal & rental?

    Thanks, Sharon
    Sharon

    We'll try to cooperate fully with the IRS, because, as citizens, we feel a strong patriotic duty not to go to jail.

    #2
    Good news

    Look at page 6-22 in TTB.

    By the way the test for the exclusion is 2 out of the last 5 years prior to the sale.
    Last edited by veritas; 03-24-2008, 11:15 PM.

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      #3
      That is Good News

      Thank You Veritas:
      I knew the exclusion rule - I was just emphasizing that the exclusion was more than met.
      However, am I understanding what I am reading? That depreciation taken does not get reported either???
      The gain on the sale was about $120,000 - so there is no taxable gain, even from depreciation??
      Sharon

      We'll try to cooperate fully with the IRS, because, as citizens, we feel a strong patriotic duty not to go to jail.

      Comment


        #4
        The depreciation

        is not excluded, therefore it is taxable.

        Comment


          #5
          Taxable depreciation

          Thanks a bunch Veritas - Your guidance put me on the right path. Reporting the basis & selling price in the disposition area of asset entry it flowed to Sch D as it should. My software, ATX did the work & entered Section 121 Exclusion and the gain amount on the line directly beneath it.
          My next question: The accumulated depreciation amount flows to line 19 - Section 1250 - Net Unrecaptured Gain. Is this correct?

          Sharon
          Sharon

          We'll try to cooperate fully with the IRS, because, as citizens, we feel a strong patriotic duty not to go to jail.

          Comment

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