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Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 3444
Experience:  3+ decades of varied tax industry exp. Tax Biz owner
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Husband and wife sold home in 2015, did not purchase a new

Customer Question

Husband and wife sold home in 2015, did not purchase a new home, but instead are leasing an independent home at a retirement community. The money we received from the sale is going to be used to lease housing at a retirement community. Currently we also have the majority of the proceeds from the house sale in an annuity, in tax exempt bonds, and in a money market. Will the proceeds we received from the sale be considered income and will we have to pay income tax on it?
Submitted: 1 year ago.
Category: Tax
Expert:  Tax.appeal.168 replied 1 year ago.

It is likely that you will not have to pay capital gains tax. If you met the qualifications, you can exclude up to $500,000 of the sales price if you file married filing jointly. The qualifications to exclude this amount are listed below:

Eligibility Step 2—Ownership Determine whether you meet the ownership requirement. If you owned the home for at least 24 months (2 years) during the last 5 years leading up to the date of sale (date of the closing), you meet the ownership requirement. If you received Form 1099-S, Proceeds From Real Estate Transactions, the date of sale appears in box 1 of Form 1099-S. If you did not receive Form 1099-S, the date of sale is either the date the title transferred or the date the economic burdens and benefits of ownership shifted to the buyer, whichever date is earlier. (In most cases, these dates are the same.)

Eligibility Step 3—Residence Determine whether you meet the residence requirement. If your home was your residence for at least 24 of the months you owned the home during the 5 years leading up to the date of sale, you meet the residence requirement. The 24 months of residence can fall anywhere within the 5-year period. It doesn't even have to be a single block of time. All you need is a total of 24 months (730 days) of residence during the 5-year period.

REFERENCE SOURCE:

IRS Pub 523:

http://www.irs.gov/pub/irs-pdf/p523.pdf

Let me know if I can be of further assistance to you regarding this matter.