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File state taxes only free Publication 544 - Introductory Material Table of Contents Future Developments What's New Important Reminders IntroductionOrdering forms and publications. File state taxes only free Tax questions. File state taxes only free Future Developments For the latest information about developments related to Publication 544, such as legislation enacted after it was published, go to www. File state taxes only free irs. File state taxes only free gov/pub544. File state taxes only free What's New Direct reporting on Schedule D. File state taxes only free   For 2013, certain transactions may be combined and the totals reported directly on Schedule D. File state taxes only free If you choose to do that, you do not need to include these transactions on Form 8949, Sales and Other Dispositions of Capital Assets. File state taxes only free For additional information, see Schedule D and Form 8949 in chapter 4. File state taxes only free Tax rate on net capital gain and qualified dividends. File state taxes only free   The maximum tax rate of 15% on net capital gain and qualified dividends has increased to 20% for some taxpayers. File state taxes only free See Capital Gains Tax Rates in chapter 4. File state taxes only free Important Reminders Dispositions of U. File state taxes only free S. File state taxes only free real property interests by foreign persons. File state taxes only free  If you are a foreign person or firm and you sell or otherwise dispose of a U. File state taxes only free S. File state taxes only free real property interest, the buyer (or other transferee) may have to withhold income tax on the amount you receive for the property (including cash, the fair market value of other property, and any assumed liability). File state taxes only free Corporations, partnerships, trusts, and estates also may have to withhold on certain U. File state taxes only free S. File state taxes only free real property interests they distribute to you. File state taxes only free You must report these dispositions and distributions and any income tax withheld on your U. File state taxes only free S. File state taxes only free income tax return. File state taxes only free For more information on dispositions of U. File state taxes only free S. File state taxes only free real property interests, see Publication 519, U. File state taxes only free S. File state taxes only free Tax Guide for Aliens. File state taxes only free Also see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities. File state taxes only free Foreign source income. File state taxes only free  If you are a U. File state taxes only free S. File state taxes only free citizen with income from dispositions of property outside the United States (foreign income), you must report all such income on your tax return unless it is exempt from U. File state taxes only free S. File state taxes only free law. File state taxes only free This is true whether you reside inside or outside the United States and whether or not you receive a Form 1099 from the foreign payor. File state taxes only free Photographs of missing children. File state taxes only free  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. File state taxes only free Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. File state taxes only free You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. File state taxes only free Introduction You dispose of property when any of the following occurs. File state taxes only free You sell property. File state taxes only free You exchange property for other property. File state taxes only free Your property is condemned or disposed of under threat of condemnation. File state taxes only free Your property is repossessed. File state taxes only free You abandon property. File state taxes only free You give property away. File state taxes only free This publication explains the tax rules that apply when you dispose of property. File state taxes only free It discusses the following topics. File state taxes only free How to figure a gain or loss. File state taxes only free Whether your gain or loss is ordinary or capital. File state taxes only free How to treat your gain or loss when you dispose of business property. File state taxes only free How to report a gain or loss. File state taxes only free This publication also explains whether your gain is taxable or your loss is deductible. File state taxes only free This publication does not discuss certain transactions covered in other IRS publications. File state taxes only free These include the following. File state taxes only free Most transactions involving stocks, bonds, options, forward and futures contracts, and similar investments. File state taxes only free See chapter 4 of Publication 550, Investment Income and Expenses. File state taxes only free Sale of your main home. File state taxes only free See Publication 523, Selling Your Home. File state taxes only free Installment sales. File state taxes only free See Publication 537, Installment Sales. File state taxes only free Transfers of property at death. File state taxes only free See Publication 559, Survivors, Executors, and Administrators. File state taxes only free Forms to file. File state taxes only free   When you dispose of property, you usually will have to file one or more of the following forms. File state taxes only free Schedule D, Capital Gains and Losses. File state taxes only free Form 4797, Sales of Business Property. File state taxes only free Form 8824, Like-Kind Exchanges. File state taxes only free Form 8949, Sales and Other Dispositions of Capital Assets. File state taxes only free    Although the discussions in this publication may at times refer mainly to individuals, many of the rules discussed also apply to taxpayers other than individuals. File state taxes only free However, the rules for property held for personal use usually will not apply to taxpayers other than individuals. File state taxes only free Comments and suggestions. File state taxes only free   We welcome your comments about this publication and your suggestions for future editions. File state taxes only free   You can send your comments to the following address. File state taxes only free Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. File state taxes only free NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. File state taxes only free Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. File state taxes only free You can also send us comments from www. File state taxes only free irs. File state taxes only free gov/formspubs/. File state taxes only free Click on “More Information ” and then on “Give us feedback. File state taxes only free ” Although we cannot respond individually to each email, we do appreciate your feedback and will consider your comments as we revise our tax products. File state taxes only free Ordering forms and publications. File state taxes only free   Visit www. File state taxes only free irs. File state taxes only free gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. File state taxes only free Internal Revenue Service 1201 N. File state taxes only free Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. File state taxes only free   If you have a tax question, check the information available on IRS. File state taxes only free gov or call 1-800-829-1040. File state taxes only free We cannot answer tax questions sent to either of the above addresses. File state taxes only free Prev  Up  Next   Home   More Online Publications
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National Taxpayer Advocate Reports to Congress and Research

By law, the National Taxpayer Advocate must submit two reports to Congress each year.

National Taxpayer Advocate's Objectives Report


The first report (Objectives Report), delivered each June, contains the goals and activities planned by the Taxpayer Advocate for the coming year.

National Taxpayer Advocate's Reports to Congress


The second report (Annual Report), delivered at the end of December, includes: A summary of the 20 most serious problems encountered by taxpayers; recommendations for solving those problems; and other IRS efforts to improve customer service and reduce taxpayer burden.

 NTA Objectives Reports

 

 NTA Annual Reports to Congress

 


Annual Report to Congress Report Cards

These documents list the recommendations proposed by the National Taxpayer Advocate in each Annual Report to Congress, along with the IRS response to each recommendation and TAS's assessment of the IRS's actions.

Congressional District Statistics


TAS produces taxpayer statistics summaries annually for each Congressional District. Each state is listed on a separate sheet containing state totals followed by a breakdown for each congressional district. The totals are stratified by income levels listed at the top of each sheet.

 ARC Report Cards

 

 Congressional District Statistics

 

 

 

Page Last Reviewed or Updated: 10-Mar-2014

The File State Taxes Only Free

File state taxes only free Publication 523 - Main Content Table of Contents Main HomeVacant land. File state taxes only free Factors used to determine main home. File state taxes only free Figuring Gain or LossSelling Price Amount Realized Adjusted Basis Amount of Gain or Loss Dispositions Other Than Sales Determining BasisCost As Basis Basis Other Than Cost Adjusted Basis Excluding the GainMaximum Exclusion Ownership and Use Tests Reduced Maximum Exclusion Nonqualified Use Business Use or Rental of HomeUnrecaptured section 1250 gain. File state taxes only free Property Used Partly for Business or Rental Reporting the SaleSeller-financed mortgage. File state taxes only free Individual taxpayer identification number (ITIN). File state taxes only free More information. File state taxes only free Comprehensive Examples Special SituationsException for sales to related persons. File state taxes only free Deducting Taxes in the Year of SaleForm 1099-S. File state taxes only free More information. File state taxes only free Recapturing (Paying Back) a Federal Mortgage Subsidy Recapture of First-Time Homebuyer CreditExample. File state taxes only free Worksheets How To Get Tax HelpLow Income Taxpayer Clinics Main Home This section explains the term “main home. File state taxes only free ” Usually, the home you live in most of the time is your main home and can be a: House, Houseboat, Mobile home, Cooperative apartment, or Condominium. File state taxes only free To exclude gain under the rules in this publication, you in most cases must have owned and lived in the property as your main home for at least 2 years during the 5-year period ending on the date of sale. File state taxes only free Land. File state taxes only free   If you sell the land on which your main home is located, but not the house itself, you cannot exclude any gain you have from the sale of the land. File state taxes only free Example. File state taxes only free You buy a piece of land and move your main home to it. File state taxes only free Then, you sell the land on which your main home was located. File state taxes only free This sale is not considered a sale of your main home, and you cannot exclude any gain on the sale of the land. File state taxes only free Vacant land. File state taxes only free   The sale of vacant land is not a sale of your main home unless: The vacant land is adjacent to land containing your home, You owned and used the vacant land as part of your main home, The separate sale of your home satisfies the requirements for exclusion and occurs within 2 years before or 2 years after the date of the sale of the vacant land, and The other requirements for excluding gain from the sale of a main home have been satisfied with respect to the vacant land. File state taxes only free If these requirements are met, the sale of the home and the sale of the vacant land are treated as one sale and only one maximum exclusion can be applied to any gain. File state taxes only free See Excluding the Gain , later. File state taxes only free The destruction of your home is treated as a sale of your home. File state taxes only free As a result, you may be able to meet these requirements if you sell vacant land used as a part of your main home within 2 years from the date of the destruction of your main home. File state taxes only free For information, see Publication 547. File state taxes only free More than one home. File state taxes only free   If you have more than one home, you can exclude gain only from the sale of your main home. File state taxes only free You must include in income the gain from the sale of any other home. File state taxes only free If you have two homes and live in each of them, your main home is ordinarily the one you live in most of the time during the year. File state taxes only free Example 1. File state taxes only free You own two homes, one in New York and one in Florida. File state taxes only free From 2009 through 2013, you live in the New York home for 7 months and in the Florida residence for 5 months of each year. File state taxes only free In the absence of facts and circumstances indicating otherwise, the New York home is your main home. File state taxes only free You would be eligible to exclude the gain from the sale of the New York home but not of the Florida home in 2013. File state taxes only free Example 2. File state taxes only free You own a house, but you live in another house that you rent. File state taxes only free The rented house is your main home. File state taxes only free Example 3. File state taxes only free You own two homes, one in Virginia and one in New Hampshire. File state taxes only free In 2009 and 2010, you lived in the Virginia home. File state taxes only free In 2011 and 2012, you lived in the New Hampshire home. File state taxes only free In 2013, you lived again in the Virginia home. File state taxes only free Your main home in 2009, 2010, and 2013 is the Virginia home. File state taxes only free Your main home in 2011 and 2012 is the New Hampshire home. File state taxes only free You would be eligible to exclude gain from the sale of either home (but not both) in 2013. File state taxes only free Factors used to determine main home. File state taxes only free   In addition to the amount of time you live in each home, other factors are relevant in determining which home is your main home. File state taxes only free Those factors include the following. File state taxes only free Your place of employment. File state taxes only free The location of your family members' main home. File state taxes only free Your mailing address for bills and correspondence. File state taxes only free The address listed on your: Federal and state tax returns, Driver's license, Car registration, and Voter registration card. File state taxes only free The location of the banks you use. File state taxes only free The location of recreational clubs and religious organizations of which you are a member. File state taxes only free Property used partly as your main home. File state taxes only free   If you use only part of the property as your main home, the rules discussed in this publication apply only to the gain or loss on the sale of that part of the property. File state taxes only free For details, see Business Use or Rental of Home , later. File state taxes only free Figuring Gain or Loss To figure the gain or loss on the sale of your main home, you must know the selling price, the amount realized, and the adjusted basis. File state taxes only free Subtract the adjusted basis from the amount realized to get your gain or loss. File state taxes only free     Selling price     − Selling expenses       Amount realized     − Adjusted basis       Gain or loss   Gain. File state taxes only free   Gain is the excess of the amount realized over the adjusted basis of the property. File state taxes only free Loss. File state taxes only free   Loss is the excess of the adjusted basis over the amount realized for the property. File state taxes only free Selling Price The selling price is the total amount you receive for your home. File state taxes only free It includes money and the fair market value of any other property or any other services you receive and all notes, mortgages or other debts assumed by the buyer as part of the sale. File state taxes only free Personal property. File state taxes only free   The selling price of your home does not include amounts you received for personal property sold with your home. File state taxes only free Personal property is property that is not a permanent part of the home. File state taxes only free Examples are furniture, draperies, rugs, a washer and dryer, and lawn equipment. File state taxes only free Separately stated amounts you received for these items should not be shown on Form 1099-S (discussed later). File state taxes only free Any gains from sales of personal property must be included in your income, but not as part of the sale of your home. File state taxes only free Payment by employer. File state taxes only free   You may have to sell your home because of a job transfer. File state taxes only free If your employer pays you for a loss on the sale or for your selling expenses, do not include the payment as part of the selling price. File state taxes only free Your employer will include it as wages in box 1 of your Form W-2 and you will include it in your income on Form 1040, line 7, or on Form 1040NR, line 8. File state taxes only free Option to buy. File state taxes only free   If you grant an option to buy your home and the option is exercised, add the amount you receive for the option to the selling price of your home. File state taxes only free If the option is not exercised, you must report the amount as ordinary income in the year the option expires. File state taxes only free Report this amount on Form 1040, line 21, or on Form 1040NR, line 21. File state taxes only free Form 1099-S. File state taxes only free   If you received Form 1099-S, box 2 (gross proceeds) should show the total amount you received for your home. File state taxes only free   However, box 2 will not include the fair market value of any services or property other than cash or notes you received or will receive. File state taxes only free Instead, box 4 will be checked to indicate your receipt or expected receipt of these items. File state taxes only free Amount Realized The amount realized is the selling price minus selling expenses. File state taxes only free Selling expenses. File state taxes only free   Selling expenses include: Commissions, Advertising fees, Legal fees, and Loan charges paid by the seller, such as loan placement fees or “points. File state taxes only free ” Adjusted Basis While you owned your home, you may have made adjustments (increases or decreases) to the basis. File state taxes only free This adjusted basis must be determined before you can figure gain or loss on the sale of your home. File state taxes only free For information on how to figure your home's adjusted basis, see Determining Basis , later. File state taxes only free Amount of Gain or Loss To figure the amount of gain or loss, compare the amount realized to the adjusted basis. File state taxes only free Gain on sale. File state taxes only free   If the amount realized is more than the adjusted basis, the difference is a gain and, except for any part you can exclude, generally is taxable. File state taxes only free Loss on sale. File state taxes only free   If the amount realized is less than the adjusted basis, the difference is a loss. File state taxes only free Generally, a loss on the sale of your main home cannot be deducted. File state taxes only free Jointly owned home. File state taxes only free   If you and your spouse sell your jointly owned home and file a joint return, you figure your gain or loss as one taxpayer. File state taxes only free Separate returns. File state taxes only free   If you file separate returns, each of you must figure your own gain or loss according to your ownership interest in the home. File state taxes only free Your ownership interest is generally determined by state law. File state taxes only free Joint owners not married. File state taxes only free   If you and a joint owner other than your spouse sell your jointly owned home, each of you must figure your own gain or loss according to your ownership interest in the home. File state taxes only free Each of you applies the rules discussed in this publication on an individual basis. File state taxes only free Dispositions Other Than Sales Some special rules apply to other dispositions of your main home. File state taxes only free Foreclosure or repossession. File state taxes only free   If your home was foreclosed on or repossessed, you have a disposition. File state taxes only free See Publication 4681 to determine if you have ordinary income, gain, or loss. File state taxes only free More information. File state taxes only free   If part of a home is used for business or rental purposes, see Foreclosures and Repossessions in chapter 1 of Publication 544 for more information. File state taxes only free Publication 544 has examples of how to figure gain or loss on a foreclosure or repossession. File state taxes only free Abandonment. File state taxes only free   If you abandon your home, see Publication 4681 to determine if you have ordinary income, gain, or loss. File state taxes only free Trading (exchanging) homes. File state taxes only free   If you trade your home for another home, treat the trade as a sale and a purchase. File state taxes only free Example. File state taxes only free You owned and lived in a home with an adjusted basis of $41,000. File state taxes only free A real estate dealer accepted your old home as a trade-in and allowed you $50,000 toward a new home priced at $80,000. File state taxes only free This is treated as a sale of your old home for $50,000 with a gain of $9,000 ($50,000 − $41,000). File state taxes only free If the dealer had allowed you $27,000 and assumed your unpaid mortgage of $23,000 on your old home, your sales price would still be $50,000 (the $27,000 trade-in allowed plus the $23,000 mortgage assumed). File state taxes only free Transfer to spouse. File state taxes only free   If you transfer your home to your spouse or you transfer it to your former spouse incident to your divorce, you in most cases have no gain or loss (unless the Exception, discussed next, applies). File state taxes only free This is true even if you receive cash or other consideration for the home. File state taxes only free As a result, the rules explained in this publication do not apply. File state taxes only free   If you owned your home jointly with your spouse and transfer your interest in the home to your spouse, or to your former spouse incident to your divorce, the same rule applies. File state taxes only free You have no gain or loss. File state taxes only free Exception. File state taxes only free   These transfer rules do not apply if your spouse or former spouse is a nonresident alien. File state taxes only free In that case, you generally will have a gain or loss. File state taxes only free More information. File state taxes only free    See Property Settlements in Publication 504, Divorced or Separated Individuals, for more information. File state taxes only free Involuntary conversion. File state taxes only free   You have a disposition when your home is destroyed or condemned and you receive other property or money in payment, such as insurance or a condemnation award. File state taxes only free This is treated as a sale and you may be able to exclude all or part of any gain from the destruction or condemnation of your home, as explained later under Special Situations (see Home destroyed or condemned ). File state taxes only free Determining Basis You need to know your basis in your home to figure any gain or loss when you sell it. File state taxes only free Your basis in your home is determined by how you got the home. File state taxes only free Generally, your basis is its cost if you bought it or built it. File state taxes only free If you got it in some other way (inheritance, gift, etc. File state taxes only free ), your basis is generally either its fair market value when you received it or the adjusted basis of the previous owner. File state taxes only free While you owned your home, you may have made adjustments (increases or decreases) to your home's basis. File state taxes only free The result of these adjustments is your home's adjusted basis, which is used to figure gain or loss on the sale of your home. File state taxes only free To figure your adjusted basis, you can use Worksheet 1, near the end of this publication. File state taxes only free Filled-in examples of that worksheet are included in the Comprehensive Examples , later. File state taxes only free Cost As Basis The cost of property is the amount you paid for it in cash, debt obligations, other property, or services. File state taxes only free Purchase. File state taxes only free   If you bought your home, your basis is its cost to you. File state taxes only free This includes the purchase price and certain settlement or closing costs. File state taxes only free In most cases, your purchase price includes your down payment and any debt, such as a first or second mortgage or notes you gave the seller in payment for the home. File state taxes only free If you build, or contract to build, a new home, your purchase price can include costs of construction, as discussed later. File state taxes only free Seller-paid points. File state taxes only free   If the person who sold you your home paid points on your loan, you may have to reduce your home's basis by the amount of the points, as shown in the following chart. File state taxes only free    IF you bought your home. File state taxes only free . File state taxes only free . File state taxes only free THEN reduce your home's basis by the seller-paid points. File state taxes only free . File state taxes only free . File state taxes only free after 1990 but before April 4, 1994 only if you deducted them as home mortgage interest in the year paid. File state taxes only free after April 3, 1994 even if you did not deduct them. File state taxes only free Settlement fees or closing costs. File state taxes only free   When you bought your home, you may have paid settlement fees or closing costs in addition to the contract price of the property. File state taxes only free You can include in your basis some of the settlement fees and closing costs you paid for buying the home, but not the fees and costs for getting a mortgage loan. File state taxes only free A fee paid for buying the home is any fee you would have had to pay even if you paid cash for the home (that is, without the need for financing). File state taxes only free   Settlement fees do not include amounts placed in escrow for the future payment of items such as taxes and insurance. File state taxes only free   Some of the settlement fees or closing costs that you can include in your basis are: Abstract fees (abstract of title fees), Charges for installing utility services, Legal fees (including fees for the title search and preparing the sales contract and deed), Recording fees, Survey fees, Transfer or stamp taxes, Owner's title insurance, and Any amounts the seller owes that you agree to pay, such as: Certain real estate taxes (discussed later), Back interest, Recording or mortgage fees, Charges for improvements or repairs, and Sales commissions. File state taxes only free   Some settlement fees and closing costs you cannot include in your basis are: Fire insurance premiums, Rent for occupancy of the house before closing, Charges for utilities or other services related to occupancy of the house before closing, Any fee or cost that you deducted as a moving expense (allowed for certain fees and costs before 1994), Charges connected with getting a mortgage loan, such as: Mortgage insurance premiums (including funding fees connected with loans guaranteed by the Department of Veterans Affairs), Loan assumption fees, Cost of a credit report, Fee for an appraisal required by a lender, and Fees for refinancing a mortgage. File state taxes only free Real estate taxes. File state taxes only free   Real estate taxes for the year you bought your home may affect your basis, as shown in the following chart. File state taxes only free    IF. File state taxes only free . File state taxes only free . File state taxes only free AND. File state taxes only free . File state taxes only free . File state taxes only free THEN the taxes. File state taxes only free . File state taxes only free . File state taxes only free you pay taxes that the seller owed on the home up to the date of sale the seller does not reimburse you are added to the basis of your home. File state taxes only free the seller reimburses you do not affect the basis of your home. File state taxes only free the seller pays taxes for you (taxes owed beginning on the date of sale) you do not reimburse the seller are subtracted from the basis of your home. File state taxes only free you reimburse the seller do not affect the basis of your home. File state taxes only free Construction. File state taxes only free   If you contracted to have your house built on land you own, your basis is: The cost of the land, plus The amount it cost you to complete the house, including: The cost of labor and materials, Any amounts paid to a contractor, Any architect's fees, Building permit charges, Utility meter and connection charges, and Legal fees directly connected with building the house. File state taxes only free   Your cost includes your down payment and any debt such as a first or second mortgage or notes you gave the seller or builder. File state taxes only free It also includes certain settlement or closing costs. File state taxes only free You may have to reduce your basis by points the seller paid for you. File state taxes only free For more information, see Seller-paid points and Settlement fees or closing costs , earlier. File state taxes only free Built by you. File state taxes only free   If you built all or part of your house yourself, its basis is the total amount it cost you to complete it. File state taxes only free Do not include in the cost of the house: The value of your own labor, or The value of any other labor you did not pay for. File state taxes only free Temporary housing. File state taxes only free   If a builder gave you temporary housing while your home was being finished, you must reduce your basis by the part of the contract price that was for the temporary housing. File state taxes only free To figure the amount of the reduction, multiply the contract price by a fraction. File state taxes only free The numerator is the value of the temporary housing, and the denominator is the sum of the value of the temporary housing plus the value of the new home. File state taxes only free Cooperative apartment. File state taxes only free   If you are a tenant-stockholder in a cooperative housing corporation, your basis in the cooperative apartment used as your home is usually the cost of your stock in the corporation. File state taxes only free This may include your share of a mortgage on the apartment building. File state taxes only free Condominium. File state taxes only free   To determine your basis in a condominium apartment used as your home, use the same rules as for any other home. File state taxes only free Basis Other Than Cost You must use a basis other than cost, such as adjusted basis or fair market value, if you received your home as a gift, inheritance, a trade, or from your spouse. File state taxes only free These situations are discussed in the following pages. File state taxes only free Also, the instructions for Worksheet 1 (near the end of the publication) address each of these issues. File state taxes only free Other special rules may apply in certain situations. File state taxes only free If you converted the property, or some part of it, to business or rental use, see Property Changed to Business or Rental Use, in Publication 551. File state taxes only free Home received as gift. File state taxes only free   Use the following chart to find the basis of a home you received as a gift. File state taxes only free IF the donor's adjusted basis at the time of the gift was. File state taxes only free . File state taxes only free . File state taxes only free THEN your basis is. File state taxes only free . File state taxes only free . File state taxes only free more than the fair market value of the home at that time the same as the donor's adjusted basis at the time of the gift. File state taxes only free   Exception: If using the donor's adjusted basis results in a loss when you sell the home, you must use the fair market value of the home at the time of the gift as your basis. File state taxes only free If using the fair market value results in a gain, you have neither gain nor loss. File state taxes only free equal to or less than the fair market value at that time, and you received the gift before 1977 the smaller of the: • donor's adjusted basis, plus  any federal gift tax paid on  the gift, or • the home's fair market value  at the time of the gift. File state taxes only free equal to or less than the fair market value at that time, and you received the gift after 1976 the same as the donor's adjusted basis, plus the part of any federal gift tax paid that is due to the net increase in value of the home (explained next). File state taxes only free Fair market value. File state taxes only free   The fair market value of property at the time of the gift is the value of the property as appraised for purposes of the federal gift tax. File state taxes only free If the gift was not subject to the federal gift tax, the fair market value is the value as appraised for the purposes of a state gift tax. File state taxes only free Part of federal gift tax due to net increase in value. File state taxes only free   Figure the part of the federal gift tax paid that is due to the net increase in value of the home by multiplying the total federal gift tax paid by a fraction. File state taxes only free The numerator of the fraction is the net increase in the value of the home, and the denominator is the value of the home for gift tax purposes after reduction by any annual exclusion and marital or charitable deduction that applies to the gift. File state taxes only free The net increase in the value of the home is its fair market value minus the donor's adjusted basis immediately before the gift. File state taxes only free Home acquired from a decedent who died before or after 2010. File state taxes only free   If you inherited your home from a decedent who died before or after 2010, your basis is the fair market value of the property on the date of the decedent's death (or the later alternate valuation date chosen by the personal representative of the estate). File state taxes only free If an estate tax return was filed or required to be filed, the value of the property listed on the estate tax return is your basis. File state taxes only free If a federal estate tax return did not have to be filed, your basis in the home is the same as its appraised value at the date of death, for purposes of state inheritance or transmission taxes. File state taxes only free Surviving spouse. File state taxes only free   If you are a surviving spouse and you owned your home jointly, your basis in the home will change. File state taxes only free The new basis for the interest your spouse owned will be its fair market value on the date of death (or alternate valuation date). File state taxes only free The basis in your interest will remain the same. File state taxes only free Your new basis in the home is the total of these two amounts. File state taxes only free   If you and your spouse owned the home either as tenants by the entirety or as joint tenants with right of survivorship, you will each be considered to have owned one-half of the home. File state taxes only free Example. File state taxes only free Your jointly owned home (owned as joint tenants with right of survivorship) had an adjusted basis of $50,000 on the date of your spouse's death, and the fair market value on that date was $100,000. File state taxes only free Your new basis in the home is $75,000 ($25,000 for one-half of the adjusted basis plus $50,000 for one-half of the fair market value). File state taxes only free Community property. File state taxes only free   In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), each spouse is usually considered to own half of the community property. File state taxes only free When either spouse dies, the total fair market value of the community property becomes the basis of the entire property, including the part belonging to the surviving spouse. File state taxes only free For this to apply, at least half the value of the community property interest must be includible in the decedent's gross estate, whether or not the estate must file a return. File state taxes only free   For more information about community property, see Publication 555, Community Property. File state taxes only free    If you are selling a home in which you acquired an interest from a decedent who died in 2010, see Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010, to determine your basis. File state taxes only free Home received as trade. File state taxes only free   If you acquired your home as a trade for other property, in most cases, the basis of your home is the fair market value (at the time of the trade) of the property you gave up. File state taxes only free If you traded one home for another, you have made a sale and purchase. File state taxes only free In that case, you may have a gain. File state taxes only free See Trading (exchanging) homes under Dispositions Other Than Sales, earlier, for an example of figuring the gain. File state taxes only free Home received from spouse. File state taxes only free   If you received your home from your spouse or from your former spouse incident to your divorce, your basis in the home depends on the date of the transfer. File state taxes only free Transfers after July 18, 1984. File state taxes only free   If you received the home after July 18, 1984, there was no gain or loss on the transfer. File state taxes only free In most cases, your basis in this home is the same as your spouse's (or former spouse's) adjusted basis just before you received it. File state taxes only free This rule applies even if you received the home in exchange for cash, the release of marital rights, the assumption of liabilities, or other considerations. File state taxes only free   If you owned a home jointly with your spouse and your spouse transferred his or her interest in the home to you, in most cases, your basis in the half interest received from your spouse is the same as your spouse's adjusted basis just before the transfer. File state taxes only free This also applies if your former spouse transferred his or her interest in the home to you incident to your divorce. File state taxes only free Your basis in the half interest you already owned does not change. File state taxes only free Your new basis in the home is the total of these two amounts. File state taxes only free Transfers before July 19, 1984. File state taxes only free   If you received your home before July 19, 1984, in exchange for your release of marital rights, in most cases, your basis in the home is generally its fair market value at the time you received it. File state taxes only free More information. File state taxes only free   For more information on property received from a spouse or former spouse, see Property Settlements in Publication 504. File state taxes only free Involuntary conversion. File state taxes only free   If your home is destroyed or condemned, you may receive insurance proceeds or a condemnation award. File state taxes only free If you acquired a replacement home with these proceeds, the basis is its cost decreased by any gain not recognized on the conversion under the rules explained in: Publication 547, in the case of a home that was destroyed, or Chapter 1 of Publication 544, in the case of a home that was condemned. File state taxes only free Example. File state taxes only free A fire destroyed your home that you owned and used for only 6 months. File state taxes only free The home had an adjusted basis of $80,000 and the insurance company paid you $130,000 for the loss. File state taxes only free Your gain is $50,000 ($130,000 − $80,000). File state taxes only free You bought a replacement home for $100,000. File state taxes only free The part of your gain that is taxable is $30,000 ($130,000 − $100,000), the unspent part of the payment from the insurance company. File state taxes only free The rest of the gain ($20,000) is not taxable, so that amount reduces your basis in the new home. File state taxes only free The basis of the new home is figured as follows. File state taxes only free Cost of replacement home $100,000 Minus: Gain not recognized 20,000 Basis of the replacement home $80,000 More information. File state taxes only free   For more information about basis, see Publication 551. File state taxes only free Adjusted Basis Adjusted basis is your cost or other basis increased or decreased by certain amounts. File state taxes only free To figure your adjusted basis, you can use Worksheet 1, found toward the end of this publication. File state taxes only free Filled-in examples of that worksheet are included in Comprehensive Examples , later. File state taxes only free Recordkeeping. File state taxes only free You should keep records to prove your home's adjusted basis. File state taxes only free Ordinarily, you must keep records for 3 years after the due date for filing your return for the tax year in which you sold your home. File state taxes only free But if you sold a home before May 7, 1997, and postponed tax on any gain, the basis of that home affects the basis of the new home you bought. File state taxes only free Keep records proving the basis of both homes as long as they are needed for tax purposes. File state taxes only free The records you should keep include: Proof of the home's purchase price and purchase expenses; Receipts and other records for all improvements, additions, and other items that affect the home's adjusted basis; Any worksheets or other computations you used to figure the adjusted basis of the home you sold, the gain or loss on the sale, the exclusion, and the taxable gain; Any Form 982 you filed to exclude any discharge of qualified principal residence indebtedness; Any Form 2119, Sale of Your Home, you filed to postpone gain from the sale of a previous home before May 7, 1997; and Any worksheets you used to prepare Form 2119, such as the Adjusted Basis of Home Sold Worksheet or the Capital Improvements Worksheet from the Form 2119 instructions, or other source of computations. File state taxes only free Increases to Basis These include the following. File state taxes only free Additions and other improvements that have a useful life of more than 1 year. File state taxes only free Special assessments for local improvements. File state taxes only free Amounts you spent after a casualty to restore damaged property. File state taxes only free Improvements. File state taxes only free   These add to the value of your home, prolong its useful life, or adapt it to new uses. File state taxes only free You add the cost of additions and other improvements to the basis of your property. File state taxes only free   The following chart lists some other examples of improvements. File state taxes only free Examples of Improvements That Increase Basis Additions Bedroom Bathroom Deck Garage Porch Patio Heating & Air Conditioning Heating system Central air conditioning Furnace Duct work Central humidifier Filtration system Lawn & Grounds Landscaping Driveway Walkway Fence  Retaining wall Sprinkler system Swimming pool  Miscellaneous Storm windows, doors New roof Central vacuum Wiring upgrades Satellite dish Security system  Plumbing Septic system Water heater Soft water system Filtration system  Interior Improvements Built-in appliances  Kitchen modernization  Flooring Wall-to-wall carpeting  Insulation Attic Walls Floors Pipes and duct work Improvements no longer part of home. File state taxes only free   Your home's adjusted basis does not include the cost of any improvements that are replaced and are no longer part of the home. File state taxes only free Example. File state taxes only free You put wall-to-wall carpeting in your home 15 years ago. File state taxes only free Later, you replaced that carpeting with new wall-to-wall carpeting. File state taxes only free The cost of the old carpeting you replaced is no longer part of your home's adjusted basis. File state taxes only free Repairs. File state taxes only free   These maintain your home in good condition but do not add to its value or prolong its life. File state taxes only free You do not add their cost to the basis of your property. File state taxes only free Examples. File state taxes only free Repainting your house inside or outside, fixing your gutters or floors, repairing leaks or plastering, and replacing broken window panes are examples of repairs. File state taxes only free Exception. File state taxes only free   The entire job is considered an improvement if items that would otherwise be considered repairs are done as part of an extensive remodeling or restoration of your home. File state taxes only free For example, if you have a casualty and your home is damaged, increase your basis by the amount you spend on repairs that restore the property to its pre-casualty condition. File state taxes only free Decreases to Basis These include the following. File state taxes only free Discharge of qualified principal residence indebtedness that was excluded from income (but not below zero). File state taxes only free For details, see Publication 4681. File state taxes only free Some or all of the cancellation of debt income that was excluded due to your bankruptcy or insolvency. File state taxes only free For details, see Publication 4681. File state taxes only free Gain you postponed from the sale of a previous home before May 7, 1997. File state taxes only free Deductible casualty losses. File state taxes only free Insurance payments you received or expect to receive for casualty losses. File state taxes only free Payments you received for granting an easement or right-of-way. File state taxes only free Depreciation allowed or allowable if you used your home for business or rental purposes. File state taxes only free Energy-related credits allowed for expenditures made on the residence. File state taxes only free (Reduce the increase in basis otherwise allowable for expenditures on the residence by the amount of credit allowed for those expenditures. File state taxes only free ) Adoption credit you claimed for improvements added to the basis of your home. File state taxes only free Nontaxable payments from an adoption assistance program of your employer you used for improvements you added to the basis of your home. File state taxes only free Energy conservation subsidy excluded from your gross income because you received it (directly or indirectly) from a public utility after 1992 to buy or install any energy conservation measure. File state taxes only free An energy conservation measure is an installation or modification primarily designed either to reduce consumption of electricity or natural gas or to improve the management of energy demand for a home. File state taxes only free District of Columbia first-time homebuyer credit allowed on the purchase of a principal residence in the District of Columbia. File state taxes only free General sales taxes claimed as an itemized deduction on Schedule A (Form 1040) that were imposed on the purchase of personal property, such as a houseboat used as your home or a mobile home. File state taxes only free Discharges of qualified principal residence indebtedness. File state taxes only free   You may be able to exclude from gross income a discharge of qualified principal residence indebtedness. File state taxes only free This exclusion applies to discharges made after 2006 and before 2014. File state taxes only free If you choose to exclude this income, you must reduce (but not below zero) the basis of your principal residence by the amount excluded from gross income. File state taxes only free   File Form 982 with your tax return. File state taxes only free See the form's instructions for detailed information. File state taxes only free    A decrease in basis due to a discharge of qualified principal residence indebtedness that is excluded from income occurs only if you retain ownership of the principal residence after a discharge. File state taxes only free In most cases, this would occur in a refinancing or a restructuring of the mortgage. File state taxes only free Excluding the Gain You may qualify to exclude from your income all or part of any gain from the sale of your main home. File state taxes only free This means that, if you qualify, you will not have to pay tax on the gain up to the limit described under Maximum Exclusion , next. File state taxes only free To qualify, you must meet the ownership and use tests described later. File state taxes only free You can choose not to take the exclusion by including the gain from the sale in your gross income on your tax return for the year of the sale. File state taxes only free This choice can be made (or revoked) at any time before the expiration of a 3-year period beginning on the due date of your return (not including extensions) for the year of the sale. File state taxes only free You can use Worksheet 2 (near the end of this publication) to figure the amount of your exclusion and your taxable gain, if any. File state taxes only free If you have any taxable gain from the sale of your home, you may have to increase your withholding or make estimated tax payments. File state taxes only free See Publication 505, Tax Withholding and Estimated Tax. File state taxes only free Maximum Exclusion You can exclude up to $250,000 of the gain (other than gain allocated to periods of nonqualified use) on the sale of your main home if all of the following are true. File state taxes only free You meet the ownership test. File state taxes only free You meet the use test. File state taxes only free During the 2-year period ending on the date of the sale, you did not exclude gain from the sale of another home. File state taxes only free For details on gain allocated to periods of nonqualified use, see Nonqualified Use , later. File state taxes only free If you and another person owned the home jointly but file separate returns, each of you can exclude up to $250,000 of gain from the sale of your interest in the home if each of you meets the three conditions just listed. File state taxes only free You may be able to exclude up to $500,000 of the gain (other than gain allocated to periods of nonqualified use) on the sale of your main home if you are married and file a joint return and meet the requirements listed in the discussion of the special rules for joint returns, later, under Married Persons . File state taxes only free Ownership and Use Tests To claim the exclusion, you must meet the ownership and use tests. File state taxes only free This means that during the 5-year period ending on the date of the sale, you must have: Owned the home for at least 2 years (the ownership test), and Lived in the home as your main home for at least 2 years (the use test). File state taxes only free Exception. File state taxes only free   If you owned and lived in the property as your main home for less than 2 years, you can still claim an exclusion in some cases. File state taxes only free However, the maximum amount you may be able to exclude will be reduced. File state taxes only free See Reduced Maximum Exclusion , later. File state taxes only free Example 1—home owned and occupied for at least 2 years. File state taxes only free Mya bought and moved into her main home in September 2011. File state taxes only free She sold the home at a gain in October 2013. File state taxes only free During the 5-year period ending on the date of sale in October 2013, she owned and lived in the home for more than 2 years. File state taxes only free She meets the ownership and use tests. File state taxes only free Example 2—ownership test met but use test not met. File state taxes only free Ayden bought a home, lived in it for 6 months, moved out, and never occupied the home again. File state taxes only free He later sold the home for a gain in June 2013. File state taxes only free He owned the home during the entire 5-year period ending on the date of sale. File state taxes only free He meets the ownership test but not the use test. File state taxes only free He cannot exclude any part of his gain on the sale unless he qualified for a reduced maximum exclusion (explained later). File state taxes only free Period of Ownership and Use The required 2 years of ownership and use during the 5-year period ending on the date of the sale do not have to be continuous nor do they both have to occur at the same time. File state taxes only free You meet the tests if you can show that you owned and lived in the property as your main home for either 24 full months or 730 days (365 × 2) during the 5-year period ending on the date of sale. File state taxes only free Example. File state taxes only free Naomi bought and moved into a house in July 2009. File state taxes only free She lived there for 13 months and then moved in with a friend. File state taxes only free She later moved back into her house and lived there for 12 months until she sold it in August 2013. File state taxes only free Naomi meets the ownership and use tests because, during the 5-year period ending on the date of sale, she owned the house for more than 2 years and lived in it for a total of 25 (13 + 12) months. File state taxes only free Temporary absence. File state taxes only free   Short temporary absences for vacations or other seasonal absences, even if you rent out the property during the absences, are counted as periods of use. File state taxes only free The following examples assume that the reduced maximum exclusion (discussed later) does not apply to the sales. File state taxes only free Example 1. File state taxes only free David Johnson, who is single, bought and moved into his home on February 1, 2011. File state taxes only free Each year during 2011 and 2012, David left his home for a 2-month summer vacation. File state taxes only free David sold the house on March 1, 2013. File state taxes only free Although the total time David lived in his home is less than 2 years (21 months), he meets the use requirement and may exclude gain. File state taxes only free The 2-month vacations are short temporary absences and are counted as periods of use in determining whether David used the home for the required 2 years. File state taxes only free Example 2. File state taxes only free Professor Paul Beard, who is single, bought and moved into a house in December 2010, went abroad for a 1-year sabbatical leave in January 2012, returned to the house in January 2013, and sold it at a gain in February 2013. File state taxes only free Because his leave was not a short temporary absence, he cannot include the period of leave to meet the 2-year use test. File state taxes only free He cannot exclude any part of his gain because he did not use the residence for the required 2 years. File state taxes only free Ownership and use tests met at different times. File state taxes only free   You can meet the ownership and use tests during different 2-year periods. File state taxes only free However, you must meet both tests during the 5-year period ending on the date of the sale. File state taxes only free Example. File state taxes only free Beginning in 2002, Helen Jones lived in a rented apartment. File state taxes only free The apartment building was later converted to condominiums, and she bought her same apartment on December 3, 2010. File state taxes only free In 2011, Helen became ill and on April 14 of that year she moved to her daughter's home. File state taxes only free On July 12, 2013, while still living in her daughter's home, she sold her condominium. File state taxes only free Helen can exclude gain on the sale of her condominium because she met the ownership and use tests during the 5-year period from July 13, 2008, to July 12, 2013, the date she sold the condominium. File state taxes only free She owned her condominium from December 3, 2010, to July 12, 2013 (more than 2 years). File state taxes only free She lived in the property from July 13, 2008 (the beginning of the 5-year period), to April 14, 2011 (more than 2 years). File state taxes only free The time Helen lived in her daughter's home during the 5-year period can be counted toward her period of ownership, and the time she lived in her rented apartment during the 5-year period can be counted toward her period of use. File state taxes only free Cooperative apartment. File state taxes only free   If you sold stock as a tenant-shareholder in a cooperative housing corporation, the ownership and use tests are met if, during the 5-year period ending on the date of sale, you: Owned the stock for at least 2 years, and Lived in the house or apartment that the stock entitled you to occupy as your main home for at least 2 years. File state taxes only free Exceptions to Ownership and Use Tests The following sections contain exceptions to the ownership and use tests for certain taxpayers. File state taxes only free Exception for individuals with a disability. File state taxes only free   There is an exception to the use test if: You become physically or mentally unable to care for yourself, and You owned and lived in your home as your main home for a total of at least 1 year during the 5-year period before the sale of your home. File state taxes only free Under this exception, you are considered to live in your home during any time within the 5-year period that you own the home and live in a facility (including a nursing home) licensed by a state or political subdivision to care for persons in your condition. File state taxes only free   If you meet this exception to the use test, you still have to meet the 2-out-of-5-year ownership test to claim the exclusion. File state taxes only free Previous home destroyed or condemned. File state taxes only free   For the ownership and use tests, you add the time you owned and lived in a previous home that was destroyed or condemned to the time you owned and lived in the replacement home on whose sale you wish to exclude gain. File state taxes only free This rule applies if any part of the basis of the home you sold depended on the basis of the destroyed or condemned home (see Involuntary Conversions in Publication 551). File state taxes only free Otherwise, you must have owned and lived in the same home for 2 of the 5 years before the sale to qualify for the exclusion. File state taxes only free Members of the uniformed services or Foreign Service, employees of the intelligence community, or employees or volunteers of the Peace Corps. File state taxes only free   You can choose to have the 5-year test period for ownership and use suspended during any period you or your spouse serve on qualified official extended duty (defined later) as a member of the uniformed services or Foreign Service of the United States, or as an employee of the intelligence community. File state taxes only free You can choose to have the 5-year test period for ownership and use suspended during any period you or your spouse serve outside the United States either as an employee of the Peace Corps on qualified official extended duty (defined later) or as an enrolled volunteer or volunteer leader of the Peace Corps. File state taxes only free This means that you may be able to meet the 2-year use test even if, because of your service, you did not actually live in your home for at least the required 2 years during the 5-year period ending on the date of sale. File state taxes only free   If this helps you qualify to exclude gain, you can choose to have the 5-year test period suspended by filing a return for the year of sale that does not include the gain. File state taxes only free Example. File state taxes only free John bought and moved into a home in 2005. File state taxes only free He lived in it as his main home for 2½ years. File state taxes only free For the next 6 years, he did not live in it because he was on qualified official extended duty with the Army. File state taxes only free He then sold the home at a gain in 2013. File state taxes only free To meet the use test, John chooses to suspend the 5-year test period for the 6 years he was on qualified official extended duty. File state taxes only free This means he can disregard those 6 years. File state taxes only free Therefore, John's 5-year test period consists of the 5 years before he went on qualified official extended duty. File state taxes only free He meets the ownership and use tests because he owned and lived in the home for 2½ years during this test period. File state taxes only free Period of suspension. File state taxes only free   The period of suspension cannot last more than 10 years. File state taxes only free Together, the 10-year suspension period and the 5-year test period can be as long as, but no more than, 15 years. File state taxes only free You cannot suspend the 5-year period for more than one property at a time. File state taxes only free You can revoke your choice to suspend the 5-year period at any time. File state taxes only free Example. File state taxes only free Mary bought a home on April 1, 1997. File state taxes only free She used it as her main home until August 31, 2000. File state taxes only free On September 1, 2000, she went on qualified official extended duty with the Navy. File state taxes only free She did not live in the house again before selling it on July 31, 2013. File state taxes only free Mary chooses to use the entire 10-year suspension period. File state taxes only free Therefore, the suspension period would extend back from July 31, 2013, to August 1, 2003, and the 5-year test period would extend back to August 1, 1998. File state taxes only free During that period, Mary owned the house all 5 years and lived in it as her main home from August 1, 1998, until August 31, 2000, a period of more than 24 months. File state taxes only free She meets the ownership and use tests because she owned and lived in the home for at least 2 years during this test period. File state taxes only free Uniformed services. File state taxes only free   The uniformed services are: The Armed Forces (the Army, Navy, Air Force, Marine Corps, and Coast Guard), The commissioned corps of the National Oceanic and Atmospheric Administration, and The commissioned corps of the Public Health Service. File state taxes only free Foreign Service member. File state taxes only free   For purposes of the choice to suspend the 5-year test period for ownership and use, you are a member of the Foreign Service if you are any of the following. File state taxes only free A Chief of mission. File state taxes only free An Ambassador at large. File state taxes only free A member of the Senior Foreign Service. File state taxes only free A Foreign Service officer. File state taxes only free Part of the Foreign Service personnel. File state taxes only free Employee of the intelligence community. File state taxes only free   For purposes of the choice to suspend the 5-year test period for ownership and use, you are an employee of the intelligence community if you are an employee of any of the following. File state taxes only free The Office of the Director of National Intelligence. File state taxes only free The Central Intelligence Agency. File state taxes only free The National Security Agency. File state taxes only free The Defense Intelligence Agency. File state taxes only free The National Geospatial-Intelligence Agency. File state taxes only free The National Reconnaissance Office and any other office within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs. File state taxes only free Any of the intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, the Department of Treasury, the Department of Energy, and the Coast Guard. File state taxes only free The Bureau of Intelligence and Research of the Department of State. File state taxes only free Any of the elements of the Department of Homeland Security concerned with the analyses of foreign intelligence information. File state taxes only free Qualified official extended duty. File state taxes only free   You are on qualified official extended duty if you are on extended duty while: Serving at a duty station at least 50 miles from your main home, or Living in Government quarters under Government orders. File state taxes only free   You are on extended duty when you are called or ordered to active duty for a period of more than 90 days or for an indefinite period. File state taxes only free Married Persons If you and your spouse file a joint return for the year of sale and one spouse meets the ownership and use tests, you can exclude up to $250,000 of the gain. File state taxes only free (But see Special rules for joint returns, next. File state taxes only free ) Special rules for joint returns. File state taxes only free   You can exclude up to $500,000 of the gain on the sale of your main home if all of the following are true. File state taxes only free You are married and file a joint return for the year. File state taxes only free Either you or your spouse meets the ownership test. File state taxes only free Both you and your spouse meet the use test. File state taxes only free During the 2-year period ending on the date of the sale, neither you nor your spouse excluded gain from the sale of another home. File state taxes only free If either spouse does not satisfy all these requirements, the maximum exclusion that can be claimed by the couple is the total of the maximum exclusions that each spouse would qualify for if not married and the amounts were figured separately. File state taxes only free For this purpose, each spouse is treated as owning the property during the period that either spouse owned the property. File state taxes only free Example 1—one spouse sells a home. File state taxes only free Emily sells her home in June 2013 for a gain of $300,000. File state taxes only free She marries Jamie later in the year. File state taxes only free She meets the ownership and use tests, but Jamie does not. File state taxes only free Emily can exclude up to $250,000 of gain on a separate or joint return for 2013. File state taxes only free The $500,000 maximum exclusion for certain joint returns does not apply because Jamie does not meet the use test. File state taxes only free Example 2—each spouse sells a home. File state taxes only free The facts are the same as in Example 1 except that Jamie also sells a home in 2013 for a gain of $200,000 before he marries Emily. File state taxes only free He meets the ownership and use tests on his home, but Emily does not. File state taxes only free Emily can exclude $250,000 of gain and Jamie can exclude $200,000 of gain on the respective sales of their individual homes. File state taxes only free However, Emily cannot use Jamie's unused exclusion to exclude more than $250,000 of gain. File state taxes only free Therefore, Emily and Jamie must recognize $50,000 of gain on the sale of Emily's home. File state taxes only free The $500,000 maximum exclusion for certain joint returns does not apply because Emily and Jamie do not both meet the use test for the same home. File state taxes only free Sale of main home by surviving spouse. File state taxes only free   If your spouse died and you did not remarry before the date of sale, you are considered to have owned and lived in the property as your main home during any period of time when your spouse owned and lived in it as a main home. File state taxes only free   If you meet all of the following requirements, you may qualify to exclude up to $500,000 of any gain from the sale or exchange of your main home. File state taxes only free The sale or exchange took place after 2008. File state taxes only free The sale or exchange took place no more than 2 years after the date of death of your spouse. File state taxes only free You have not remarried. File state taxes only free You and your spouse met the use test at the time of your spouse's death. File state taxes only free You or your spouse met the ownership test at the time of your spouse's death. File state taxes only free Neither you nor your spouse excluded gain from the sale of another home during the last 2 years before the date of death. File state taxes only free The ownership and use tests were described earlier. File state taxes only free Example. File state taxes only free Harry owned and used a house as his main home since 2009. File state taxes only free Harry and Wilma married on July 1, 2013, and from that date they used Harry's house as their main home. File state taxes only free Harry died on August 15, 2013, and Wilma inherited the property. File state taxes only free Wilma sold the property on September 1, 2013, at which time she had not remarried. File state taxes only free Although Wilma owned and used the house for less than 2 years, Wilma is considered to have satisfied the ownership and use tests because her period of ownership and use includes the period that Harry owned and used the property before death. File state taxes only free Home transferred from spouse. File state taxes only free   If your home was transferred to you by your spouse (or former spouse if the transfer was incident to divorce), you are considered to have owned it during any period of time when your spouse owned it. File state taxes only free Use of home after divorce. File state taxes only free   You are considered to have used property as your main home during any period when: You owned it, and Your spouse or former spouse is allowed to live in it under a divorce or separation instrument and uses it as his or her main home. File state taxes only free Reduced Maximum Exclusion If you fail to meet the requirements to qualify for the $250,000 or $500,000 exclusion, you may still qualify for a reduced exclusion. File state taxes only free This applies to those who: Fail to meet the ownership and use tests, or Have used the exclusion within 2 years of selling their current home. File state taxes only free In both cases, to qualify for a reduced exclusion, the sale of your main home must be due to one of the following reasons. File state taxes only free A change in place of employment. File state taxes only free Health. File state taxes only free Unforeseen circumstances. File state taxes only free Qualified individual. File state taxes only free   For purposes of the reduced maximum exclusion, a qualified individual is any of the following. File state taxes only free You. File state taxes only free Your spouse. File state taxes only free A co-owner of the home. File state taxes only free A person whose main home is the same as yours. File state taxes only free Primary reason for sale. File state taxes only free   One of the three reasons above will be considered to be the primary reason you sold your home if either (1) or (2) is true. File state taxes only free You qualify under a “safe harbor. File state taxes only free ” This is a specific set of facts and circumstances that, if applicable, qualifies you to claim a reduced maximum exclusion. File state taxes only free Safe harbors corresponding to the reasons listed above are described later. File state taxes only free A safe harbor does not apply, but you can establish, based on facts and circumstances, that the primary reason for the sale is a change in place of employment, health, or unforeseen circumstances. File state taxes only free  Factors that may be relevant in determining your primary reason for sale include whether: Your sale and the circumstances causing it were close in time, The circumstances causing your sale occurred during the time you owned and used the property as your main home, The circumstances causing your sale were not reasonably foreseeable when you began using the property as your main home, Your financial ability to maintain the property became materially impaired, The suitability of the property as your main home materially changed, and During the time you owned the property, you used it as your home. File state taxes only free Change in Place of Employment You may qualify for a reduced exclusion if the primary reason for the sale of your main home is a change in the location of employment of a qualified individual. File state taxes only free Employment. File state taxes only free   For this purpose, employment includes the start of work with a new employer or continuation of work with the same employer. File state taxes only free It also includes the start or continuation of self-employment. File state taxes only free Distance safe harbor. File state taxes only free   A change in place of employment is considered to be the reason you sold your home if: The change occurred during the period you owned and used the property as your main home, and The new place of employment is at least 50 miles farther from the home you sold than was the former place of employment (or, if there was no former place of employment, the distance between your new place of employment and the home sold is at least 50 miles). File state taxes only free Example. File state taxes only free Justin was unemployed and living in a townhouse in Florida he had owned and used as his main home since 2012. File state taxes only free He got a job in North Carolina and sold his townhouse in 2013. File state taxes only free Because the distance between Justin's new place of employment and the home he sold is at least 50 miles, the sale satisfies the conditions of the distance safe harbor. File state taxes only free Justin's sale of his home is considered to be because of a change in place of employment, and he is entitled to claim a reduced maximum exclusion of gain from the sale. File state taxes only free Health The sale of your main home is because of health if your primary reason for the sale is: To obtain, provide, or facilitate the diagnosis, cure, mitigation, or treatment of disease, illness, or injury of a qualified individual, or To obtain or provide medical or personal care for a qualified individual suffering from a disease, illness, or injury. File state taxes only free The sale of your home is not because of health if the sale merely benefits a qualified individual's general health or well-being. File state taxes only free For purposes of this reason, a qualified individual includes, in addition to the individuals listed earlier under Qualified individual , any of the following family members of these individuals. File state taxes only free Parent, grandparent, stepmother, stepfather. File state taxes only free Child, grandchild, stepchild, adopted child, eligible foster child. File state taxes only free Brother, sister, stepbrother, stepsister, half-brother, half-sister. File state taxes only free Mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. File state taxes only free Uncle, aunt, nephew, niece, or cousin. File state taxes only free Example. File state taxes only free In 2012, Chase and Lauren, spouses, bought a house that they used as their main home. File state taxes only free Lauren's father has a chronic disease and is unable to care for himself. File state taxes only free In 2013, Chase and Lauren sold their home in order to move into Lauren's father's house to provide care for him. File state taxes only free Because the primary reason for the sale of their home was to provide care for Lauren's father, Chase and Lauren are entitled to a reduced maximum exclusion. File state taxes only free Doctor's recommendation safe harbor. File state taxes only free   Health is considered to be the reason you sold your home if, for one or more of the reasons listed at the beginning of this discussion, a doctor recommends a change of residence. File state taxes only free Unforeseen Circumstances The sale of your main home is because of an unforeseen circumstance if your primary reason for the sale is the occurrence of an event that you could not reasonably have anticipated before buying and occupying that home. File state taxes only free You are not considered to have an unforeseen circumstance if the primary reason you sold your home was that you preferred to get a different home or because your finances improved. File state taxes only free Specific event safe harbors. File state taxes only free   Unforeseen circumstances are considered to be the reason for selling your home if any of the following events occurred while you owned and used the property as your main home. File state taxes only free An involuntary conversion of your home, such as when your home is destroyed or condemned. File state taxes only free Natural or man-made disasters or acts of war or terrorism resulting in a casualty to your home, whether or not your loss is deductible. File state taxes only free In the case of qualified individuals (listed earlier under Qualified individual ): Death, Unemployment (if the individual is eligible for unemployment compensation), A change in employment or self-employment status that results in the individual's inability to pay reasonable basic living expenses (listed under Reasonable basic living expenses , later) for his or her household, Divorce or legal separation under a decree of divorce or separate maintenance, or Multiple births resulting from the same pregnancy. File state taxes only free An event the IRS determined to be an unforeseen circumstance in published guidance of general applicability. File state taxes only free For example, the IRS determined the September 11, 2001, terrorist attacks to be an unforeseen circumstance. File state taxes only free Reasonable basic living expenses. File state taxes only free   Reasonable basic living expenses for your household include the following. File state taxes only free Amounts spent for food. File state taxes only free Amounts spent for clothing. File state taxes only free Housing and related expenses. File state taxes only free Medical expenses. File state taxes only free Transportation expenses. File state taxes only free Tax payments. File state taxes only free Court-ordered payments. File state taxes only free Expenses reasonably necessary to produce income. File state taxes only free   Any of these amounts spent to maintain an affluent or luxurious standard of living are not reasonable basic living expenses. File state taxes only free Nonqualified Use Gain from the sale or exchange of the main home is not excludable from income if it is allocable to periods of nonqualified use. File state taxes only free Nonqualified use means any period after 2008 where neither you nor your spouse (or your former spouse) used the property as a main home, with certain exceptions (see next). File state taxes only free Exceptions. File state taxes only free   A period of nonqualified use does not include: Any portion of the 5-year period ending on the date of the sale or exchange after the last date you (or your spouse) use the property as a main home; Any period (not to exceed an aggregate period of 10 years) during which you (or your spouse) are serving on qualified official extended duty: As a member of the uniformed services; As a member of the Foreign Service of the United States; or As an employee of the intelligence community; and Any other period of temporary absence (not to exceed an aggregate period of 2 years) due to change of employment, health conditions, or such other unforeseen circumstances as may be specified by the IRS. File state taxes only free Calculation. File state taxes only free   To figure the portion of the gain allocated to the period of nonqualified use, multiply the gain (net of any depreciation allowed or allowable on the property for periods after May 6, 1997) by the following fraction:   Total nonqualified use during the period of ownership after 2008     Total period of ownership     This calculation can be found in Worksheet 2, line 10, later in this publication. File state taxes only free   For examples of this calculation, see Business Use or Rental of Home , next. File state taxes only free Business Use or Rental of Home You may be able to exclude gain from the sale of a home you have used for business or to produce rental income if you meet the ownership and use tests. File state taxes only free Example 1. File state taxes only free On May 23, 2007, Amy, who is unmarried for all years in this example, bought a house. File state taxes only free She moved in on that date and lived in it until May 31, 2009, when she moved out of the house and put it up for rent. File state taxes only free The house was rented from June 1, 2009, to March 31, 2011. File state taxes only free Amy claimed depreciation deductions in 2009 through 2011 totaling $10,000. File state taxes only free Amy moved back into the house on April 1, 2011, and lived there until she sold it on January 31, 2013, for a gain of $200,000. File state taxes only free During the 5-year period ending on the date of the sale (January 31, 2008–January 31, 2013), Amy owned and lived in the house for more than 2 years as shown in the following table. File state taxes only free Five-Year Period Used as Home Used as Rental 1/31/08 – 5/31/09 16 months   6/01/09 – 3/31/11   22 months 4/01/11 – 1/31/13 22 months     38 months 22 months       During the period Amy owned the house (2,080 days), her period of nonqualified use was 668 days. File state taxes only free Because the gain attributable to periods of nonqualified use is $60,990, Amy can exclude $129,010 of her gain, as shown on Worksheet 2. File state taxes only free Example 2. File state taxes only free William owned and used a house as his main home from 2007 through 2010. File state taxes only free On January 1, 2011, he moved to another state. File state taxes only free He rented his house from that date until April 30, 2013, when he sold it. File state taxes only free During the 5-year period ending on the date of sale (May 1, 2008-April 30, 2013), William owned and lived in the house for more than 2 years. File state taxes only free Because it was rental property at the time of the sale, he must report the sale on Form 4797. File state taxes only free Because the period of nonqualified use does not include any part of the 5-year period after the last date William lived in the house, he has no period of nonqualified use. File state taxes only free Because he met the ownership and use tests, he can exclude gain up to $250,000. File state taxes only free However, he cannot exclude the part of the gain equal to the depreciation he claimed or could have claimed for renting the house, as explained next. File state taxes only free Depreciation after May 6, 1997. File state taxes only free   If you were entitled to take depreciation deductions because you used your home for business purposes or as rental property, you cannot exclude the part of your gain equal to any depreciation allowed or allowable as a deduction for periods after May 6, 1997. File state taxes only free If you can show by adequate records or other evidence that the depreciation allowed was less than the amount allowable, then you may limit the amount of gain recognized to the depreciation allowed. File state taxes only free Unrecaptured section 1250 gain. File state taxes only free   This is the part of any long-term capital gain from the sale of your home that is due to depreciation and cannot be excluded. File state taxes only free To figure the amount of unrecaptured section 1250 gain to be reported on Schedule D (Form 1040), you must also take into account certain gains or losses from the sale of property other than your home. File state taxes only free Use the Unrecaptured Section 1250 Gain Worksheet in the Schedule D instructions for this purpose. File state taxes only free Worksheet 2. File state taxes only free Taxable Gain on Sale of Home—Completed Example 1 for Amy Part 1. File state taxes only free Gain or (Loss) on Sale       1. File state taxes only free   Selling price of home 1. File state taxes only free     2. File state taxes only free   Selling expenses (including commissions, advertising and legal fees, and seller-paid loan charges) 2. File state taxes only free     3. File state taxes only free   Subtract line 2 from line 1. File state taxes only free This is the amount realized 3. File state taxes only free     4. File state taxes only free   Adjusted basis of home sold (from Worksheet 1, line 13) 4. File state taxes only free     5. File state taxes only free   Gain or (loss) on the sale. File state taxes only free Subtract line 4 from line 3. File state taxes only free If this is a loss, stop here 5. File state taxes only free 200,000   Part 2. File state taxes only free Exclusion and Taxable Gain       6. File state taxes only free   Enter any depreciation allowed or allowable on the property for periods after May 6, 1997. File state taxes only free If none, enter -0- 6. File state taxes only free 10,000   7. File state taxes only free   Subtract line 6 from line 5. File state taxes only free If the result is less than zero, enter -0- 7. File state taxes only free 190,000   8. File state taxes only free   Aggregate number of days of nonqualified use after 2008. File state taxes only free If none, enter -0-. File state taxes only free  If line 8 is equal to zero, skip to line 12 and enter the amount from line 7 on line 12 8. File state taxes only free 668   9. File state taxes only free   Number of days taxpayer owned the property 9. File state taxes only free 2,080   10. File state taxes only free   Divide the amount on line 8 by the amount on line 9. File state taxes only free Enter the result as a decimal (rounded to at least 3 places). File state taxes only free But do not enter an amount greater than 1. File state taxes only free 00 10. File state taxes only free 0. File state taxes only free 321   11. File state taxes only free   Gain allocated to nonqualified use. File state taxes only free (Line 7 multiplied by line 10) 11. File state taxes only free 60,990   12. File state taxes only free   Gain eligible for exclusion. File state taxes only free Subtract line 11 from line 7 12. File state taxes only free 129,010   13. File state taxes only free   If you qualify to exclude gain on the sale, enter your maximum exclusion (see Maximum Exclusion ). File state taxes only free  If you qualify for a reduced maximum exclusion, enter the amount from Worksheet 3, line 7. File state taxes only free If you do  not qualify to exclude gain, enter -0- 13. File state taxes only free 250,000   14. File state taxes only free   Exclusion. File state taxes only free Enter the smaller of line 12 or line 13 14. File state taxes only free 129,010   15. File state taxes only free   Taxable gain. File state taxes only free Subtract line 14 from line 5. File state taxes only free Report your taxable gain as described under Reporting the Sale . File state taxes only free If the amount on line 6 is more than zero, complete line 16 15. File state taxes only free 70,990   16. File state taxes only free   Enter the smaller of line 6 or line 15. File state taxes only free Enter this amount on line 12 of the Unrecaptured Section 1250 Gain  Worksheet in the instructions for Schedule D (Form 1040) 16. File state taxes only free 10,000 Property Used Partly for Business or Rental If you use property partly as a home and partly for business or to produce rental income, the treatment of any gain on the sale depends partly on whether the business or rental part of the property is part of your home or separate from it. File state taxes only free Part of Home Used for Business or Rental If the part of your property used for business or to produce rental income is within your home, such as a room used as a home office for a business, you do not need to allocate gain on the sale of the property between the business part of the property and the part used as a home. File state taxes only free In addition, you do not need to report the sale of the business or rental part on Form 4797. File state taxes only free This is true whether or not you were entitled to claim any depreciation. File state taxes only free However, you cannot exclude the part of any gain equal to any depreciation allowed or allowable after May 6, 1997. File state taxes only free See Depreciation after May 6, 1997, earlier. File state taxes only free Example 1. File state taxes only free Ray sold his main home in 2013 at a $30,000 gain. File state taxes only free He has no gains or losses from the sale of property other than the gain from the sale of his home. File state taxes only free He meets the ownership and use tests to exclude the gain from his income. File state taxes only free However, he used part of the home as a business office in 2012 and claimed $500 depreciation. File state taxes only free Because the business office was part of his home (not separate from it), he does not have to allocate the gain on the sale between the business part of the property and the part used as a home. File state taxes only free In addition, he does not have to report any part of the gain on Form 4797. File state taxes only free Because Ray was entitled to take a depreciation deduction, he must recognize $500 of the gain as unrecaptured section 1250 gain. File state taxes only free He reports his gain, exclusion, and the taxable gain of $500 on Form 8949 and Schedule D (Form 1040). File state taxes only free Example 2. File state taxes only free The facts are the same as in Example 1 except that Ray was not entitled to claim depreciation for the business use of his home. File state taxes only free Since Ray did not claim any depreciation, he can exclude the entire $30,000 gain. File state taxes only free Separate Part of Property Used for Business or Rental You may have used part of your property as your home and a separate part of it for business or to produce rental income. File state taxes only free Examples are: A working farm on which your house was located, A duplex in w