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State Income Tax Return

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State Income Tax Return

State income tax return 15. State income tax return   Selling Your Home Table of Contents Reminder Introduction Useful Items - You may want to see: Main Home Figuring Gain or LossSelling Price Amount Realized Adjusted Basis Amount of Gain or Loss Dispositions Other Than Sales Determining Basis Excluding the GainMaximum Exclusion Ownership and Use Tests Reduced Maximum Exclusion Business Use or Rental of Home Reporting the SaleSeller-financed mortgage. State income tax return More information. State income tax return Special SituationsException for sales to related persons. State income tax return Recapturing (Paying Back) a Federal Mortgage Subsidy Reminder Home sold with undeducted points. State income tax return  If you have not deducted all the points you paid to secure a mortgage on your old home, you may be able to deduct the remaining points in the year of the sale. State income tax return See Mortgage ending early under Points in chapter 23. State income tax return Introduction This chapter explains the tax rules that apply when you sell your main home. State income tax return In most cases, your main home is the one in which you live most of the time. State income tax return If you sold your main home in 2013, you may be able to exclude from income any gain up to a limit of $250,000 ($500,000 on a joint return in most cases). State income tax return See Excluding the Gain , later. State income tax return Generally, if you can exclude all the gain, you do not need to report the sale on your tax return. State income tax return If you have gain that cannot be excluded, it is taxable. State income tax return Report it on Form 8949, Sales and Other Dispositions of Capital Assets, and Schedule D (Form 1040). State income tax return You may also have to complete Form 4797, Sales of Business Property. State income tax return See Reporting the Sale , later. State income tax return If you have a loss on the sale, you generally cannot deduct it on your return. State income tax return However, you may need to report it. State income tax return See Reporting the Sale , later. State income tax return The following are main topics in this chapter. State income tax return Figuring gain or loss. State income tax return Basis. State income tax return Excluding the gain. State income tax return Ownership and use tests. State income tax return Reporting the sale. State income tax return Other topics include the following. State income tax return Business use or rental of home. State income tax return Recapturing a federal mortgage subsidy. State income tax return Useful Items - You may want to see: Publication 523 Selling Your Home 530 Tax Information for Homeowners 547 Casualties, Disasters, and Thefts Form (and Instructions) Schedule D (Form 1040) Capital Gains and Losses 982 Reduction of Tax Attributes Due to Discharge of Indebtedness 8828 Recapture of Federal Mortgage Subsidy 8949 Sales and Other Dispositions of Capital Assets Main Home This section explains the term “main home. State income tax return ” 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. State income tax return To exclude gain under the rules of this chapter, 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. State income tax return Land. State income tax return   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. State income tax return However, if you sell vacant land used as part of your main home and that is adjacent to it, you may be able to exclude the gain from the sale under certain circumstances. State income tax return See Vacant land under Main Home in Publication 523 for more information. State income tax return Example. State income tax return You buy a piece of land and move your main home to it. State income tax return Then you sell the land on which your main home was located. State income tax return This sale is not considered a sale of your main home, and you cannot exclude any gain on the sale of the land. State income tax return More than one home. State income tax return   If you have more than one home, you can exclude gain only from the sale of your main home. State income tax return You must include in income gain from the sale of any other home. State income tax return If you have two homes and live in both of them, your main home is ordinarily the one you live in most of the time during the year. State income tax return Example 1. State income tax return You own two homes, one in New York and one in Florida. State income tax return 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. State income tax return In the absence of facts and circumstances indicating otherwise, the New York home is your main home. State income tax return You would be eligible to exclude the gain from the sale of the New York home but not of the Florida home in 2013. State income tax return Example 2. State income tax return You own a house, but you live in another house that you rent. State income tax return The rented house is your main home. State income tax return Example 3. State income tax return You own two homes, one in Virginia and one in New Hampshire. State income tax return In 2009 and 2010, you lived in the Virginia home. State income tax return In 2011 and 2012, you lived in the New Hampshire home. State income tax return In 2013, you lived again in the Virginia home. State income tax return Your main home in 2009, 2010, and 2013 is the Virginia home. State income tax return Your main home in 2011 and 2012 is the New Hampshire home. State income tax return You would be eligible to exclude gain from the sale of either home (but not both) in 2013. State income tax return Property used partly as your main home. State income tax return   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. State income tax return For details, see Business Use or Rental of Home , later. State income tax return 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. State income tax return Subtract the adjusted basis from the amount realized to get your gain or loss. State income tax return     Selling price     − Selling expenses       Amount realized       Amount realized     − Adjusted basis       Gain or loss   Selling Price The selling price is the total amount you receive for your home. State income tax return 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. State income tax return Payment by employer. State income tax return   You may have to sell your home because of a job transfer. State income tax return 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. State income tax return 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. State income tax return Option to buy. State income tax return   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. State income tax return If the option is not exercised, you must report the amount as ordinary income in the year the option expires. State income tax return Report this amount on Form 1040, line 21. State income tax return Form 1099-S. State income tax return   If you received Form 1099-S, Proceeds From Real Estate Transactions, box 2 (Gross proceeds) should show the total amount you received for your home. State income tax return   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. State income tax return Instead, box 4 will be checked to indicate your receipt or expected receipt of these items. State income tax return Amount Realized The amount realized is the selling price minus selling expenses. State income tax return Selling expenses. State income tax return   Selling expenses include: Commissions, Advertising fees, Legal fees, and Loan charges paid by the seller, such as loan placement fees or “points. State income tax return ” Adjusted Basis While you owned your home, you may have made adjustments (increases or decreases) to the basis. State income tax return This adjusted basis must be determined before you can figure gain or loss on the sale of your home. State income tax return For information on how to figure your home's adjusted basis, see Determining Basis , later. State income tax return Amount of Gain or Loss To figure the amount of gain or loss, compare the amount realized to the adjusted basis. State income tax return Gain on sale. State income tax return   If the amount realized is more than the adjusted basis, the difference is a gain and, except for any part you can exclude, in most cases is taxable. State income tax return Loss on sale. State income tax return   If the amount realized is less than the adjusted basis, the difference is a loss. State income tax return A loss on the sale of your main home cannot be deducted. State income tax return Jointly owned home. State income tax return   If you and your spouse sell your jointly owned home and file a joint return, you figure your gain or loss as one taxpayer. State income tax return Separate returns. State income tax return   If you file separate returns, each of you must figure your own gain or loss according to your ownership interest in the home. State income tax return Your ownership interest is generally determined by state law. State income tax return Joint owners not married. State income tax return   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. State income tax return Each of you applies the rules discussed in this chapter on an individual basis. State income tax return Dispositions Other Than Sales Some special rules apply to other dispositions of your main home. State income tax return Foreclosure or repossession. State income tax return   If your home was foreclosed on or repossessed, you have a disposition. State income tax return See Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments, to determine if you have ordinary income, gain, or loss. State income tax return Abandonment. State income tax return   If you abandon your home, see Publication 4681 to determine if you have ordinary income, gain, or loss. State income tax return Trading (exchanging) homes. State income tax return   If you trade your old home for another home, treat the trade as a sale and a purchase. State income tax return Example. State income tax return You owned and lived in a home with an adjusted basis of $41,000. State income tax return 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. State income tax return This is treated as a sale of your old home for $50,000 with a gain of $9,000 ($50,000 – $41,000). State income tax return 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). State income tax return Transfer to spouse. State income tax return   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. State income tax return This is true even if you receive cash or other consideration for the home. State income tax return As a result, the rules in this chapter do not apply. State income tax return More information. State income tax return   If you need more information, see Transfer to spouse in Publication 523 and Property Settlements in Publication 504, Divorced or Separated Individuals. State income tax return Involuntary conversion. State income tax return   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. State income tax return 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 . State income tax return Determining Basis You need to know your basis in your home to figure any gain or loss when you sell it. State income tax return Your basis in your home is determined by how you got the home. State income tax return Generally, your basis is its cost if you bought it or built it. State income tax return If you got it in some other way (inheritance, gift, etc. State income tax return ), your basis is generally either its fair market value when you received it or the adjusted basis of the previous owner. State income tax return While you owned your home, you may have made adjustments (increases or decreases) to your home's basis. State income tax return 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. State income tax return See Adjusted Basis , later. State income tax return You can find more information on basis and adjusted basis in chapter 13 of this publication and in Publication 523. State income tax return Cost As Basis The cost of property is the amount you paid for it in cash, debt obligations, other property, or services. State income tax return Purchase. State income tax return   If you bought your home, your basis is its cost to you. State income tax return This includes the purchase price and certain settlement or closing costs. State income tax return 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. State income tax return If you build, or contract to build, a new home, your purchase price can include costs of construction, as discussed in Publication 523. State income tax return Settlement fees or closing costs. State income tax return   When you bought your home, you may have paid settlement fees or closing costs in addition to the contract price of the property. State income tax return 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. State income tax return 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). State income tax return    Chapter 13 lists some of the settlement fees and closing costs that you can include in the basis of property, including your home. State income tax return It also lists some settlement costs that cannot be included in basis. State income tax return   Also see Publication 523 for additional items and a discussion of basis other than cost. State income tax return Adjusted Basis Adjusted basis is your cost or other basis increased or decreased by certain amounts. State income tax return To figure your adjusted basis, you can use Worksheet 1 in Publication 523. State income tax return Do not use Worksheet 1 if you acquired an interest in your home from a decedent who died in 2010 and whose executor filed Form 8939, Allocation of Increase in Basis for Property Acquired From a Decedent. State income tax return Increases to basis. State income tax return   These include the following. State income tax return Additions and other improvements that have a useful life of more than 1 year. State income tax return Special assessments for local improvements. State income tax return Amounts you spent after a casualty to restore damaged property. State income tax return Improvements. State income tax return   These add to the value of your home, prolong its useful life, or adapt it to new uses. State income tax return You add the cost of additions and other improvements to the basis of your property. State income tax return   For example, putting a recreation room or another bathroom in your unfinished basement, putting up a new fence, putting in new plumbing or wiring, putting on a new roof, or paving your unpaved driveway are improvements. State income tax return An addition to your house, such as a new deck, a sunroom, or a new garage, is also an improvement. State income tax return Repairs. State income tax return   These maintain your home in good condition but do not add to its value or prolong its life. State income tax return You do not add their cost to the basis of your property. State income tax return   Examples of repairs include repainting your house inside or outside, fixing your gutters or floors, repairing leaks or plastering, and replacing broken window panes. State income tax return Decreases to basis. State income tax return   These include the following. State income tax return Discharge of qualified principal residence indebtedness that was excluded from income. State income tax return Some or all of the cancellation of debt income that was excluded due to your bankruptcy or insolvency. State income tax return For details, see Publication 4681. State income tax return Gain you postponed from the sale of a previous home before May 7, 1997. State income tax return Deductible casualty losses. State income tax return Insurance payments you received or expect to receive for casualty losses. State income tax return Payments you received for granting an easement or right-of-way. State income tax return Depreciation allowed or allowable if you used your home for business or rental purposes. State income tax return Energy-related credits allowed for expenditures made on the residence. State income tax return (Reduce the increase in basis otherwise allowable for expenditures on the residence by the amount of credit allowed for those expenditures. State income tax return ) Adoption credit you claimed for improvements added to the basis of your home. State income tax return Nontaxable payments from an adoption assistance program of your employer you used for improvements you added to the basis of your home. State income tax return 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. State income tax return 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. State income tax return District of Columbia first-time homebuyer credit (allowed on the purchase of a principal residence in the District of Columbia beginning on August 5, 1997 and before January 1, 2012). State income tax return General sales taxes (allowed beginning 2004 and ending before 2014) 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. State income tax return Discharges of qualified principal residence indebtedness. State income tax return   You may be able to exclude from gross income a discharge of qualified principal residence indebtedness. State income tax return This exclusion applies to discharges made after 2006 and before 2014. State income tax return If you choose to exclude this income, you must reduce (but not below zero) the basis of the principal residence by the amount excluded from your gross income. State income tax return   File Form 982 with your tax return. State income tax return See the form's instructions for detailed information. State income tax return Recordkeeping. State income tax return You should keep records to prove your home's adjusted basis. State income tax return 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. State income tax return 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. State income tax return Keep records proving the basis of both homes as long as they are needed for tax purposes. State income tax return 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 report 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. State income tax return Excluding the Gain You may qualify to exclude from your income all or part of any gain from the sale of your main home. State income tax return 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. State income tax return To qualify, you must meet the ownership and use tests described later. State income tax return 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. State income tax return You can use Worksheet 2 in Publication 523 to figure the amount of your exclusion and your taxable gain, if any. State income tax return If you have any taxable gain from the sale of your home, you may have to increase your withholding or make estimated tax payments. State income tax return See Publication 505, Tax Withholding and Estimated Tax. State income tax return 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. State income tax return You meet the ownership test. State income tax return You meet the use test. State income tax return During the 2-year period ending on the date of the sale, you did not exclude gain from the sale of another home. State income tax return For details on gain allocated to periods of nonqualified use, see Periods of nonqualified use , later. State income tax return 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 . State income tax return Ownership and Use Tests To claim the exclusion, you must meet the ownership and use tests. State income tax return 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). State income tax return Exception. State income tax return   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. State income tax return However, the maximum amount you may be able to exclude will be reduced. State income tax return See Reduced Maximum Exclusion , later. State income tax return Example 1—home owned and occupied for at least 2 years. State income tax return Mya bought and moved into her main home in September 2011. State income tax return She sold the home at a gain in October 2013. State income tax return 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. State income tax return She meets the ownership and use tests. State income tax return Example 2—ownership test met but use test not met. State income tax return Ayden bought a home, lived in it for 6 months, moved out, and never occupied the home again. State income tax return He later sold the home for a gain. State income tax return He owned the home during the entire 5-year period ending on the date of sale. State income tax return He meets the ownership test but not the use test. State income tax return He cannot exclude any part of his gain on the sale unless he qualified for a reduced maximum exclusion (explained later). State income tax return 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. State income tax return 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. State income tax return Temporary absence. State income tax return   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. State income tax return The following examples assume that the reduced maximum exclusion (discussed later) does not apply to the sales. State income tax return Example 1. State income tax return David Johnson, who is single, bought and moved into his home on February 1, 2011. State income tax return Each year during 2011 and 2012, David left his home for a 2-month summer vacation. State income tax return David sold the house on March 1, 2013. State income tax return Although the total time David used his home is less than 2 years (21 months), he meets the requirement and may exclude gain. State income tax return 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. State income tax return Example 2. State income tax return Professor Paul Beard, who is single, bought and moved into a house on August 18, 2010. State income tax return He lived in it as his main home continuously until January 5, 2012, when he went abroad for a 1-year sabbatical leave. State income tax return On February 6, 2013, 1 month after returning from the leave, Paul sold the house at a gain. State income tax return Because his leave was not a short temporary absence, he cannot include the period of leave to meet the 2-year use test. State income tax return He cannot exclude any part of his gain, because he did not use the residence for the required 2 years. State income tax return Ownership and use tests met at different times. State income tax return   You can meet the ownership and use tests during different 2-year periods. State income tax return However, you must meet both tests during the 5-year period ending on the date of the sale. State income tax return Example. State income tax return Beginning in 2002, Helen Jones lived in a rented apartment. State income tax return The apartment building was later converted to condominiums, and she bought her same apartment on December 3, 2010. State income tax return In 2011, Helen became ill and on April 14 of that year she moved to her daughter's home. State income tax return On July 12, 2013, while still living in her daughter's home, she sold her condominium. State income tax return 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. State income tax return She owned her condominium from December 3, 2010, to July 12, 2013 (more than 2 years). State income tax return She lived in the property from July 13, 2008 (the beginning of the 5-year period), to April 14, 2011 (more than 2 years). State income tax return 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. State income tax return Cooperative apartment. State income tax return   If you sold stock as a tenant-stockholder 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 entitles you to occupy as your main home for at least 2 years. State income tax return Exceptions to Ownership and Use Tests The following sections contain exceptions to the ownership and use tests for certain taxpayers. State income tax return Exception for individuals with a disability. State income tax return   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. State income tax return 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. State income tax return 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. State income tax return Previous home destroyed or condemned. State income tax return   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. State income tax return This rule applies if any part of the basis of the home you sold depended on the basis of the destroyed or condemned home. State income tax return 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. State income tax return Members of the uniformed services or Foreign Service, employees of the intelligence community, or employees or volunteers of the Peace Corps. State income tax return   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” as a member of the uniformed services or Foreign Service of the United States, or as an employee of the intelligence community. State income tax return 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" or as an enrolled volunteer or volunteer leader of the Peace Corps. State income tax return 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. State income tax return   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. State income tax return For more information about the suspension of the 5-year test period, see Members of the uniformed services or Foreign Service, employees of the intelligence community, or employees or volunteers of the Peace Corps in Publication 523. State income tax return 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. State income tax return (But see Special rules for joint returns , next. State income tax return ) Special rules for joint returns. State income tax return   You can exclude up to $500,000 of the gain on the sale of your main home if all of the following are true. State income tax return You are married and file a joint return for the year. State income tax return Either you or your spouse meets the ownership test. State income tax return Both you and your spouse meet the use test. State income tax return 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. State income tax return 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. State income tax return For this purpose, each spouse is treated as owning the property during the period that either spouse owned the property. State income tax return Example 1—one spouse sells a home. State income tax return Emily sells her home in June 2013 for a gain of $300,000. State income tax return She marries Jamie later in the year. State income tax return She meets the ownership and use tests, but Jamie does not. State income tax return Emily can exclude up to $250,000 of gain on a separate or joint return for 2013. State income tax return The $500,000 maximum exclusion for certain joint returns does not apply because Jamie does not meet the use test. State income tax return Example 2—each spouse sells a home. State income tax return 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. State income tax return He meets the ownership and use tests on his home, but Emily does not. State income tax return Emily can exclude $250,000 of gain and Jamie can exclude $200,000 of gain on the respective sales of their individual homes. State income tax return However, Emily cannot use Jamie's unused exclusion to exclude more than $250,000 of gain. State income tax return Therefore, Emily and Jamie must recognize $50,000 of gain on the sale of Emily's home. State income tax return 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. State income tax return Sale of main home by surviving spouse. State income tax return   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. State income tax return   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. State income tax return The sale or exchange took place after 2008. State income tax return The sale or exchange took place no more than 2 years after the date of death of your spouse. State income tax return You have not remarried. State income tax return You and your spouse met the use test at the time of your spouse's death. State income tax return You or your spouse met the ownership test at the time of your spouse's death. State income tax return Neither you nor your spouse excluded gain from the sale of another home during the last 2 years. State income tax return Example. State income tax return   Harry owned and used a house as his main home since 2009. State income tax return Harry and Wilma married on July 1, 2013, and from that date they use Harry's house as their main home. State income tax return Harry died on August 15, 2013, and Wilma inherited the property. State income tax return Wilma sold the property on September 3, 2013, at which time she had not remarried. State income tax return 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. State income tax return Home transferred from spouse. State income tax return   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. State income tax return Use of home after divorce. State income tax return   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. State income tax return 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. State income tax return 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. State income tax return In both cases, to qualify for a reduced exclusion, the sale of your main home must be due to one of the following reasons. State income tax return A change in place of employment. State income tax return Health. State income tax return Unforeseen circumstances. State income tax return Unforeseen circumstances. State income tax return   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 your main home. State income tax return   See Publication 523 for more information and to use Worksheet 3 to figure your reduced maximum exclusion. State income tax return 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. State income tax return But you must meet the ownership and use tests. State income tax return Periods of nonqualified use. State income tax return   In most cases, gain from the sale or exchange of your main home will not qualify for the exclusion to the extent that the gains are allocated to periods of nonqualified use. State income tax return Nonqualified use is any period after 2008 during which neither you nor your spouse (or your former spouse) used the property as a main home with the following exceptions. State income tax return Exceptions. State income tax return   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. State income tax return The gain resulting from the sale of the property is allocated between qualified and nonqualified use periods based on the amount of time the property was held for qualified and nonqualified use. State income tax return Gain from the sale or exchange of a main home allocable to periods of qualified use will continue to qualify for the exclusion for the sale of your main home. State income tax return Gain from the sale or exchange of property allocable to nonqualified use will not qualify for the exclusion. State income tax return Calculation. State income tax return   To figure the portion of the gain allocated to the period of nonqualified use, multiply the gain 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, in Publication 523. State income tax return Example 1. State income tax return On May 23, 2007, Amy, who is unmarried for all years in this example, bought a house. State income tax return 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. State income tax return The house was rented from June 1, 2009, to March 31, 2011. State income tax return Amy claimed depreciation deductions in 2009 through 2011 totaling $10,000. State income tax return 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. State income tax return 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. State income tax return Five Year Period Used as  Home Used as  Rental 1/31/08 – 5/31/09 16 months       6/1/09 – 3/31/11   22 months 4/1/11 – 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. State income tax return Amy divides 668 by 2,080 and obtains a decimal (rounded to at least three decimal places) of 0. State income tax return 321. State income tax return To figure her gain attributable to the period of nonqualified use, she multiplies $190,000 (the gain not attributable to the $10,000 depreciation deduction) by 0. State income tax return 321. State income tax return Because the gain attributable to periods of nonqualified use is $60,990, Amy can exclude $129,010 of her gain. State income tax return Example 2. State income tax return William owned and used a house as his main home from 2007 through 2010. State income tax return On January 1, 2011, he moved to another state. State income tax return He rented his house from that date until April 30, 2013, when he sold it. State income tax return 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. State income tax return He must report the sale on Form 4797 because it was rental property at the time of sale. State income tax return 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. State income tax return Because he met the ownership and use tests, he can exclude gain up to $250,000. State income tax return 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. State income tax return Depreciation after May 6, 1997. State income tax return   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. State income tax return 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. State income tax return See Publication 544 for more information. State income tax return Property used partly for business or rental. State income tax return   If you used property partly as a home and partly for business or to produce rental income, see Publication 523. State income tax return Reporting the Sale Do not report the 2013 sale of your main home on your tax return unless: You have a gain and do not qualify to exclude all of it, You have a gain and choose not to exclude it, or You received Form 1099-S. State income tax return If any of these conditions apply, report the entire gain or loss. State income tax return For details on how to report the gain or loss, see the Instructions for Schedule D (Form 1040) and the Instructions for Form 8949. State income tax return If you used the home for business or to produce rental income, you may have to use Form 4797 to report the sale of the business or rental part (or the sale of the entire property if used entirely for business or rental). State income tax return See Business Use or Rental of Home in Publication 523 and the Instructions for Form 4797. State income tax return Installment sale. State income tax return    Some sales are made under arrangements that provide for part or all of the selling price to be paid in a later year. State income tax return These sales are called “installment sales. State income tax return ” If you finance the buyer's purchase of your home yourself instead of having the buyer get a loan or mortgage from a bank, you probably have an installment sale. State income tax return You may be able to report the part of the gain you cannot exclude on the installment basis. State income tax return    Use Form 6252, Installment Sale Income, to report the sale. State income tax return Enter your exclusion on line 15 of Form 6252. State income tax return Seller-financed mortgage. State income tax return   If you sell your home and hold a note, mortgage, or other financial agreement, the payments you receive in most cases consist of both interest and principal. State income tax return You must separately report as interest income the interest you receive as part of each payment. State income tax return If the buyer of your home uses the property as a main or second home, you must also report the name, address, and social security number (SSN) of the buyer on line 1 of Schedule B (Form 1040A or 1040). State income tax return The buyer must give you his or her SSN, and you must give the buyer your SSN. State income tax return Failure to meet these requirements may result in a $50 penalty for each failure. State income tax return If either you or the buyer does not have and is not eligible to get an SSN, see Social Security Number in chapter 1. State income tax return More information. State income tax return   For more information on installment sales, see Publication 537, Installment Sales. State income tax return Special Situations The situations that follow may affect your exclusion. State income tax return Sale of home acquired in a like-kind exchange. State income tax return   You cannot claim the exclusion if: You acquired your home in a like-kind exchange (also known as a section 1031 exchange), or your basis in your home is determined by reference to the basis of the home in the hands of the person who acquired the property in a like-kind exchange (for example, you received the home from that person as a gift), and You sold the home during the 5-year period beginning with the date your home was acquired in the like-kind exchange. State income tax return Gain from a like-kind exchange is not taxable at the time of the exchange. State income tax return This means that gain will not be taxed until you sell or otherwise dispose of the property you receive. State income tax return To defer gain from a like-kind exchange, you must have exchanged business or investment property for business or investment property of a like kind. State income tax return For more information about like-kind exchanges, see Publication 544, Sales and Other Dispositions of Assets. State income tax return Home relinquished in a like-kind exchange. State income tax return   If you use your main home partly for business or rental purposes and then exchange the home for another property, see Publication 523. State income tax return Expatriates. State income tax return   You cannot claim the exclusion if the expatriation tax applies to you. State income tax return The expatriation tax applies to certain U. State income tax return S. State income tax return citizens who have renounced their citizenship (and to certain long-term residents who have ended their residency). State income tax return For more information about the expatriation tax, see Expatriation Tax in chapter 4 of Publication 519, U. State income tax return S. State income tax return Tax Guide for Aliens. State income tax return Home destroyed or condemned. State income tax return   If your home was destroyed or condemned, any gain (for example, because of insurance proceeds you received) qualifies for the exclusion. State income tax return   Any part of the gain that cannot be excluded (because it is more than the maximum exclusion) can be postponed under the rules explained in: Publication 547, in the case of a home that was destroyed, or Publication 544, chapter 1, in the case of a home that was condemned. State income tax return Sale of remainder interest. State income tax return   Subject to the other rules in this chapter, you can choose to exclude gain from the sale of a remainder interest in your home. State income tax return If you make this choice, you cannot choose to exclude gain from your sale of any other interest in the home that you sell separately. State income tax return Exception for sales to related persons. State income tax return   You cannot exclude gain from the sale of a remainder interest in your home to a related person. State income tax return Related persons include your brothers, sisters, half-brothers, half-sisters, spouse, ancestors (parents, grandparents, etc. State income tax return ), and lineal descendants (children, grandchildren, etc. State income tax return ). State income tax return Related persons also include certain corporations, partnerships, trusts, and exempt organizations. State income tax return Recapturing (Paying Back) a Federal Mortgage Subsidy If you financed your home under a federally subsidized program (loans from tax-exempt qualified mortgage bonds or loans with mortgage credit certificates), you may have to recapture all or part of the benefit you received from that program when you sell or otherwise dispose of your home. State income tax return You recapture the benefit by increasing your federal income tax for the year of the sale. State income tax return You may have to pay this recapture tax even if you can exclude your gain from income under the rules discussed earlier; that exclusion does not affect the recapture tax. State income tax return Loans subject to recapture rules. State income tax return   The recapture applies to loans that: Came from the proceeds of qualified mortgage bonds, or Were based on mortgage credit certificates. State income tax return The recapture also applies to assumptions of these loans. State income tax return When recapture applies. State income tax return   Recapture of the federal mortgage subsidy applies only if you meet both of the following conditions. State income tax return You sell or otherwise dispose of your home at a gain within the first 9 years after the date you close your mortgage loan. State income tax return Your income for the year of disposition is more than that year's adjusted qualifying income for your family size for that year (related to the income requirements a person must meet to qualify for the federally subsidized program). State income tax return When recapture does not apply. State income tax return   Recapture does not apply in any of the following situations. State income tax return Your mortgage loan was a qualified home improvement loan (QHIL) of not more than $15,000 used for alterations, repairs, and improvements that protect or improve the basic livability or energy efficiency of your home. State income tax return Your mortgage loan was a QHIL of not more than $150,000 in the case of a QHIL used to repair damage from Hurricane Katrina to homes in the hurricane disaster area; a QHIL funded by a qualified mortgage bond that is a qualified Gulf Opportunity Zone Bond; or a QHIL for an owner-occupied home in the Gulf Opportunity Zone (GO Zone), Rita GO Zone, or Wilma GO Zone. State income tax return For more information, see Publication 4492, Information for Taxpayers Affected by Hurricanes Katrina, Rita, and Wilma. State income tax return Also see Publication 4492-B, Information for Affected Taxpayers in the Midwestern Disaster Areas. State income tax return The home is disposed of as a result of your death. State income tax return You dispose of the home more than 9 years after the date you closed your mortgage loan. State income tax return You transfer the home to your spouse, or to your former spouse incident to a divorce, where no gain is included in your income. State income tax return You dispose of the home at a loss. State income tax return Your home is destroyed by a casualty, and you replace it on its original site within 2 years after the end of the tax year when the destruction happened. State income tax return The replacement period is extended for main homes destroyed in a federally declared disaster area, a Midwestern disaster area, the Kansas disaster area, and the Hurricane Katrina disaster area. State income tax return For more information, see Replacement Period in Publication 547. State income tax return You refinance your mortgage loan (unless you later meet the conditions listed previously under When recapture applies ). State income tax return Notice of amounts. State income tax return   At or near the time of settlement of your mortgage loan, you should receive a notice that provides the federally subsidized amount and other information you will need to figure your recapture tax. State income tax return How to figure and report the recapture. State income tax return    The recapture tax is figured on Form 8828. State income tax return If you sell your home and your mortgage is subject to recapture rules, you must file Form 8828 even if you do not owe a recapture tax. State income tax return Attach Form 8828 to your Form 1040. State income tax return For more information, see Form 8828 and its instructions. State income tax return Prev  Up  Next   Home   More Online Publications
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The State Income Tax Return

State income tax return Publication 536 - Introductory Material Table of Contents Reminders IntroductionOrdering forms and publications. State income tax return Tax questions. State income tax return Useful Items - You may want to see: Reminders Future developments. State income tax return  For the latest developments related to Publication 536, such as legislation enacted after we release it, go to www. State income tax return irs. State income tax return gov/pub536. State income tax return Photographs of missing children. State income tax return  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. State income tax return Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. State income tax return 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. State income tax return Introduction If your deductions for the year are more than your income for the year, you may have a net operating loss (NOL). State income tax return An NOL year is the year in which an NOL occurs. State income tax return You can use an NOL by deducting it from your income in another year or years. State income tax return What this publication covers. State income tax return   This publication discusses NOLs for individuals, estates, and trusts. State income tax return It covers: How to figure an NOL, When to use an NOL, How to claim an NOL deduction, and How to figure an NOL carryover. State income tax return To have an NOL, your loss must generally be caused by deductions from your: Trade or business, Work as an employee, Casualty and theft losses, Moving expenses, or Rental property. State income tax return A loss from operating a business is the most common reason for an NOL. State income tax return Partnerships and S corporations generally cannot use an NOL. State income tax return However, partners or shareholders can use their separate shares of the partnership's or S corporation's business income and business deductions to figure their individual NOLs. State income tax return Keeping records. State income tax return   You should keep records for any tax year that generates an NOL for 3 years after you have used the carryback/carryforward or 3 years after the carryforward expires. State income tax return    You should attach all required documents to the Form 1045 or Form 1040X. State income tax return For details, see the instructions for Form 1045 or Form 1040X. State income tax return What is not covered in this publication?   The following topics are not covered in this publication. State income tax return Bankruptcies. State income tax return See Publication 908, Bankruptcy Tax Guide. State income tax return NOLs of corporations. State income tax return See Publication 542, Corporations. State income tax return Section references. State income tax return   Section references are to the Internal Revenue Code unless otherwise noted. State income tax return Comments and suggestions. State income tax return   We welcome your comments about this publication and your suggestions for future editions. State income tax return   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. State income tax return NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. State income tax return Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. State income tax return   You can send your comments from www. State income tax return irs. State income tax return gov/formspubs/. State income tax return Click on “More Information. State income tax return ” and then on “Comment on Tax Forms and Publications. State income tax return ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. State income tax return Ordering forms and publications. State income tax return   Visit www. State income tax return irs. State income tax return 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. State income tax return Internal Revenue Service 1201 N. State income tax return Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. State income tax return   If you have a tax question, check the information available on IRS. State income tax return gov or call 1-800-829-1040. State income tax return We cannot answer tax questions sent to either of the above addresses. State income tax return Useful Items - You may want to see: Form (and Instructions) 1040X Amended U. State income tax return S. State income tax return Individual Income Tax Return 1045 Application for Tentative Refund   See How To Get Tax Help near the end of this publication for information about getting these forms. State income tax return Prev  Up  Next   Home   More Online Publications