Frequently Asked Tax Questions
Capital Gains, Losses/Sale of Home - Property (Basis, Sale of
Home, etc.)
Rev. date: 1/1/2011To figure the basis of property you receive as a gift, you must
know 3 amounts:
- The
adjusted basis to the donor just before it was given to you.
- The
fair market value (FMV) at the time it was given to you.
- The amount of any
gift tax paid.
If the FMV of the property at the time of the gift
is less
than the donor's adjusted basis, your basis depends on whether you have a
gain or loss when you dispose of the property.
- Your basis for figuring a
gain
is the same as the donor's adjusted basis, plus or minus any required
adjustments to basis while you held the property.
- Your basis for figuring a
loss
is the FMV of the property when you received the gift, plus or minus any
required adjustments to basis while you held the property.
NOTE: If you use the donor's adjusted basis for figuring a
gain and get a loss, and then use the FMV for figuring a loss and get a gain,
you have neither a gain nor loss on the sale or disposition of the property.
If the FMV
is equal to or greater than
the donor's adjusted basis, your basis is the donor's adjusted basis at the time
you received the gift. If you received a gift after 1976, increase your basis by
the part of the gift tax paid on it that is due to the net increase in value of
the gift. To figure the net increase in value or for more information on
gifts received before 1977, see Publication 551,
Basis of Assets. Also, for figuring gain or loss, you must increase or decrease
your basis by any required adjustments to basis while you held the property.
Rev. date: 1/1/2011Basis is your investment in property for tax purposes. There
are 2 major uses of basis.
-
Determining gain or loss (gain or loss on the disposition
of an asset is the difference between the selling price and the adjusted basis
in the asset); and
-
Determining depreciation (the adjusted basis of depreciable
property is used to compute allowable depreciation deductions).
How to determine adjusted basis:
Your adjusted basis (which is the basis you use to determine gain or loss or
depreciation amounts) is the result of increasing or decreasing your original
basis to take account of certain events. Your original basis is usually
your cost to acquire the asset.
Increases to basis include but are not limited to:
-
The cost of improvements having a useful life of more than
a year
-
Assessments for local improvements
-
Sales tax that is not deducted
-
The cost of extending utilities lines to your property
-
Legal fees incurred in defending or perfecting title to property
-
Costs of obtaining a zoning change for property
Decreases to basis include but are not limited to:
-
Depreciation, amortization, and depletion deductions
-
Nontaxable corporate distributions
-
Insurance reimbursements for casualty and theft losses
-
Easements
-
Rebates from the manufacturer or seller
Rev. date: 1/1/2011Generally, you need only report the sale of your principal residence
if you realized a gain on the sale. To determine if you may exclude up to
$250,000 of gain on the sale of your principal residence (up to $500,000 for a
joint return or a return by a surviving spouse), refer to
Publication 523,
Selling Your Home.
You may be entitled to exclude from income all or a portion of the gain realized
on the sale of your principal residence if during the 5-year period ending on
the date of the sale:
• You owned the property for at least 2 years; the 2- year period need not
be continuous (the ownership test).
• You must have lived in the property as your principal residence for
at least 2 years; the 2- year period need not be continuous (the use test).
• During the 2-year period ending on the date of sale, you did not
exclude gain from the sale of another principal residence .
• If you owned and lived in the property as your principal
residence for less than 2 years, you may still be able to claim a reduced
exclusion. See
Publication 523,
Selling Your Home, for more information.
If you are required to report or choose to report a gain on the sale of your
principal residence, use Form
1040, Schedule D,
Capital Gains and Losses.
NOTE: If you (or your spouse) were on qualified official extended duty as
a member of the U.S. Armed Services or U.S. Foreign Service, or as an
employee of the intelligence community, you may elect to suspend the five-year
test period for up to 10 years. You may use this provision for only one property
at a time. Qualified official extended duty is any extended duty
while serving at a duty station at least 50 miles from the property
or while residing under Government orders in Government
quarters. Extended duty is any period of active duty following a call or order
to duty, if the duty lasts for more than 90 days or for an indefinite
period.
Rev. date: 1/1/2011The money you receive from the sale of your home is part of
your amount realized on the sale, even if the money is used to pay off the
mortgage. If your amount realized, which generally includes any cash or
other property you receive, plus any indebtedness assumed or paid off by the
buyer, minus your selling expenses, exceeds your adjusted basis in your home,
you have a gain on the sale. Your adjusted basis is generally your
home’s cost plus any capital improvements (if you financed the purchase of
the house by obtaining a mortgage, the mortgage proceeds are included in
determining your cost basis in your residence).
You may be able to exclude from income all or a portion of the gain on your home
sale. If you can exclude all of the gain, you do not need to report the
sale on your tax return. To determine the amount of the gain you can
exclude from income or for additional information on selling your home, refer to
Publication 523, Selling Your Home. Any gain that you cannot exclude must
be reported as income on your return.
Rev. date: 1/1/2011As long as you satisfy the ownership and use tests and have
not excluded gain from the sale of a principal residence within the two- year
period ending on the date of the sale, you can exclude gain from the future sale
of your principal residence within the limits of the exclusion. As long as
you meet the requirements of the exclusion, the number of times you claim the
exclusion is not limited.
Rev. date: 1/1/2011You may be able to exclude gain from the sale of the property.
If you used and owned the property as your principal residence for 2 years of
the 5- year period ending on the date of sale, you have met the ownership and
use tests for the exclusion, even though the property was rental property for
the last 3 years before the date of the sale. To exclude gain from the
sale of this property, you must not have excluded gain from the sale of another
principal residence during the two-year period that ends on the date of the sale
of the property. Also, you cannot exclude an amount equal to
the depreciation deductions claimed, or that could have been claimed, on your
tax returns. However, if you have adequate records or other evidence that the
amount of the depreciation deductions claimed on your returns was less
than the amount allowable, the amount of the gain realized on the sale that will
not qualify for exclusion from income will be equal to the amount of the
depreciation deductions claimed on your tax returns. Refer to
Publication 523,
Selling Your Home, and
Form 4797 (PDF),
Sale of Business Property, for specifics on calculating and reporting the amount of
gain.
Rev. date: 1/1/2011Your second home is considered a capital asset. Use
Form 1040, Schedule D
(PDF) to report sales, exchanges, and other dispositions of capital assets.