Hello laker,
Unfortunately, the absolute only exemption that is allowed on the sale of a personal home is if you both own the home and live in the home. Since your parents are the ones listed as the owners of the home, and your family are the ones actually living there, neither of you could claim the exclusion which is allowed for the sale of a primary residence. That being the case, when the home is sold, since the parents are listed as the owners, they will be the ones liable for tax on any gain from the sale.
Their gain will be calculated by taking the selling price less their basis. And their basis is the price they originally paid for the home plus the cost of any improvements they made have made while they owned it. Their gain is then subject to long term capital gains tax which is currently capped at 15%.
You cannot use the proceeds of that sale to do a like kind exchange and defer the tax. Like kind exchanges are only allowed on investment or business properties. Since this was a personal residence, it does not qualify for a link kind exchange transaction.
You can sign a quit claim deed to have the parents transfer ownership of the home to you, but in order to claim the exclusion allowed for a primary residence, you must have owned the home for at least 2 years before you sell it. So even if you have the home signed over to your name, you would have to wait two years before selling the home before you could claim the primary homeowners exclusion. The exclusion which is allowed for the sale of a primary home is $500,000 for a married couple filing a joint return. If your gain does not exceed that amount, you would owe no tax. But you must qualify first by owing the home for at least 2 years and also living in that home for at least 2 of the last 5 years.
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Thank you lakerfan
Hello Merlo,
So if they paid for the new house that we will be living in (with their name on the title), can the purchase amount be deducted from the capital gain from the sale of the original house? For example, if $150,000 from the estimated $250,000 capital gain is used to buy another house, will there only be a capital gain taxable amount of $100,000? Thank you for your help!
Hello again lakerfan,
No, they would not be allowed to deduct anything from the gain. Whatever gain they have from the sale of the current home will be fully taxable, regardless of whether or not they use a portion of those proceeds to buy another home or a business. There would be no deductions allowed.
Under current law, there is only one allowance that is offered on the sale of a personal home, and that home has to be your primary residence. In order to considered your primary residence, you must have owned the home for at least 2 years and you must have also lived in that home for at least 2 of the last 5 years. The parents cannot satisfy both of those tests because they do not live in the home. Therefore there is no exclusion they can claim.
The law does not allow for you to deduct anything from the gain unless it was your primary residence that was sold.
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Accountant
25+ years tax consulting. Specializing in returns for US citizens living abroad