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I own a home with my parents with title being joint tenancy. I live in the home and my parents live in another house. We have owned the home I live in over two years. Will we be able to claim the $250,000 exemption for personal residence when we sell?

Home Facts: Purchase price $785,000 + $5000 costs; Improvements $40,000; Sales price $939,000; commissions $46,950 + costs $4000.

Edited by XXXXXXXXXX on 6/24/2006 at 3:20 PM

Submitted: 1247 days and 11 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Optional Information:
Westchester, California

Accepted Answer

As you are co-owner of the house - you are eligible to exclude up to $250,000 . You need to own the home and use it as a primary residence for at least two years out of last five before the sale.

Your parents are not eligible to exclude their part of the gain because they do not use it as a primary residence. They would need to report their part of the gain as long term and it would be taxed at reduced rate 5% or 15% depending on their total income.

The gain - $939,000-$785,000-$5000-$40,000-$46,950- $4000=$58,050.

  • your part of the gain - $58,050/3=$19350 - not taxable.
  • your parent's part - $58,050-$19350=$38,700 - taxable gain.

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Expert: LEV
Pos. Feedback: 99.3 %
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Answered: 6/24/2006

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Taxes, Immigration, Labor Relations

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