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This page last updated on
February 5, 2010

Selling a Converted Principal Residence
Part of the Gain From a Period of Rental Use is Now Taxed

 

Under prior tax law, if you sold a home that had been owned and used as a principal residence for two out of the past five years, you could exclude up to $250,000 ($500,000 for joint filers) of the gain. This means you could have bought  a rental home or rental property and used it as such for years. As long as you moved into it and lived there for two years prior to a sale, you could exclude gain on it (except for depreciation).

Under the Housing Assistance Act of 2008, as of January 1, 2009, the gain allocated to this period of nonqualified use is no longer be excludable. Hence, if you have property used as a second home (e.g., vacation home) or in a rental activity that you some day plan on converting to your principal residence, you may be affected by this new provision.  Basically, any gain on the property attributable to rental period after January 1, 2009 will now be taxed. These new rules are very complex, so it’s important to talk to your tax professional before converting or selling. It could make a big difference on your tax return.


 

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