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Selling a Home You Used for Business
Proper Reporting
Saves You Money
If you plan on selling your home, you
might assume you won’t have to pay tax on the profit. Usually that’s a
fair assumption considering the generous $250,000 ($500,000 if a joint
return is filed) exclusion-of-gain tax break on the sale of a principal
residence. However, when you have a home office, or have taken the home
office deduction in the past, you may have an extra bit of planning to do
in order to guarantee the full benefit of the exclusion.
Fortunately, the IRS recently simplified complicated rules for those
taxpayers who have a home office and take depreciation deductions. Prior
to issuing corrective regulations in December 2002, the IRS required that,
if you used your residence for both personal and business purposes, you
would be treated as having sold two separate properties for purposes of
using the home sale gain exclusion—a personal residence and a business
building. The profit you realized on the sale of your home would be
entitled to the $250,000 or $500,000 exclusion, but any profit on the sale
of the business part of your property would be taxed.
The new rules no longer require most taxpayers who claim the home office
deduction to allocate gain between business and residential portions of
their home if the business use occurred within the same dwelling unit as
the residential use. Now, the amount of depreciation you deducted as a
home office expense is the only portion reportable as taxable gain.
For example, assume you used a spare room exclusively as a home office.
The spare room occupies one-twelfth of your home and you took $10,000 in
depreciation for that room over the years. Assume further that you
purchased your home for $240,000 and just sold it for $600,000. Before the
new IRS rules, one-twelfth of the sale, or $50,000, would be attributable
to the business portion, with a tax basis of $10,000, generating a $40,000
taxable gain. Now, more of your profit may be covered by the $250,000 or
$500,000 exclusion. Under the new rules, only the $10,000 of your former
depreciation deductions are taxed, while the rest of your profit,
$360,000, would all be tax-free.
If you have plans to move or set up your home office in a separate
structure, however, you need to think carefully about the tax
implications. In cases where your home office is not in the same building
in which you reside, the old rules continue to apply and you may find that
you’ll lose out on a significant portion of your home sale exclusion when
it comes time to sell. |