Publication 523
taxmap/pubs/p523-005.htm#en_us_publink1000200792Do not report the 2012 sale of your main home on your tax return unless:
- You have a gain and do not qualify to exclude all of it,
- You have a gain and choose not to exclude it, or
- You received Form 1099-S.
If you have a gain that you cannot or choose not to exclude, if you received a
Form 1099-S, or if you have a deductible loss, report the sale on your tax
return. Report the sale on Part I, line 1 or Part II, line 3 of Form 8949 as a
short-term or long-term transaction, depending on how long you owned the home.
Report the proceeds from the sale (Worksheet 2, line 1) in column (d) and the
cost or other basis (Worksheet 2, line 4) in column (e). If there are any
selling expenses, enter "E" in column (f) and the necessary adjustment in column
(g). See the Instructions for Form 8949.
If you can exclude some or all of your gain on the sale of your main home, enter "H" in column (f). Enter the amount of the excluded (nontaxable) gain as a negative number (in parenthesis) in column (g). See the Instructions for Form
8949.
If you have a loss on the sale of your main home for which you received a Form 1099-S, you must report the sale on Form 8949 even though the loss is not deductible. Enter "L" in column (f) and enter the amount of the nondeductible loss as a positive number in column (g). See the Instructions for Form
8949.
If you used the home for business or to produce rental income, you may have to use Form 4797 to report the sale of the business or rental part (or the sale of the entire property if used entirely for business or rental). See
Business Use or Rental of Home, earlier, and the Instructions for Form 4797.
taxmap/pubs/p523-005.htm#en_us_publink1000200794Some sales are made under arrangements that provide for part or all of the selling price to be paid in a later year. These sales are called "installment sales." If you finance the buyer's purchase of your home yourself, instead of having the buyer get a loan or mortgage from a bank, you probably have an installment sale. You may be able to report the part of the gain you cannot exclude on the installment basis.
Use Form 6252, Installment Sale Income, to report the sale. Enter your exclusion (line 14 of Worksheet 2) on line 15 of Form 6252.
taxmap/pubs/p523-005.htm#en_us_publink1000200795If you sell your home and hold a note, mortgage, or other financial agreement, the payments you receive in most cases consist of both interest and principal. You must separately report as interest income the interest you receive as part of each payment. If the buyer of your home uses the property as a main or second home, you must also report the name, address, and social security number (SSN) of the buyer on line 1 of Schedule B (Form 1040A or Form 1040). The buyer must give you his or her SSN, and you must give the buyer your SSN. Failure to meet these requirements may result in a $50 penalty for each failure. If either you or the buyer does not have and is not eligible to get an SSN, see the next discussion.
taxmap/pubs/p523-005.htm#en_us_publink1000200796If either you or the buyer of your home is a nonresident or resident alien who does not have and is not eligible to get an SSN, the IRS will issue you (or the buyer) an ITIN. To apply for an ITIN, file Form W-7, Application for IRS Individual Taxpayer Identification Number, with the
IRS.
If you have to include the buyer's SSN on your return and the buyer is an alien who does not have and cannot get an SSN, enter the buyer's ITIN. If you have to give an SSN to the buyer and you are an alien who does not have and cannot get one, give the buyer your
ITIN.
An ITIN is for tax use only. It does not entitle the holder to social security benefits or change the holder's employment or immigration status under U.S.
law.
taxmap/pubs/p523-005.htm#en_us_publink1000200797For more information on installment sales, see Publication
537, Installment Sales.
taxmap/pubs/p523-005.htm#en_us_publink1000200798taxmap/pubs/p523-005.htm#en_us_publink1000200799Peter and Betty Clark, who are married and file a joint return, bought a home in 1969. (They did not postpone the gain on the sale of their previous home.) They lived in it as their main home until they sold it in February 2012. The Clarks can exclude gain on the sale of their home because they owned and lived in it for at least 2 years of the 5-year period ending on the date of
sale.
Their records show the following.
| Original cost | $ 40,000 |
| Legal fees for title search | 250 |
| Improvements (roof) | 2,000 |
| Selling price | 395,000 |
| Selling expenses, including commission | 25,000 |
The Clarks use Worksheet 1 to figure the adjusted basis of the home they sold ($42,250). They use Worksheet 2 to figure the gain on the sale ($327,750) and the amount of their exclusion ($327,750). Their completed Worksheets 1 and 2
follow.
Because the Clarks are married and file a joint return for the year, they qualify to exclude the full amount of their gain and the settlement agent does not file or issue them a Form 1099-S. Because they do not receive a Form 1099-S and they choose to exclude the gain, they do not report the sale of the home on their tax
return.
taxmap/pubs/p523-005.htm#en_us_publink1000207400 | Worksheet 1.Adjusted Basis of Home Sold—Illustrated Example 1 for Peter and Betty
Clark | Caution:
See the Worksheet 1 Instructions before you use this
worksheet. | | | 1. | | Enter the purchase price of the home sold. (If you filed Form 2119 when you originally acquired
that home to postpone gain on the sale of a previous home before May 7, 1997, enter the adjusted basis
of the new home from that Form 2119.)
| 1. | $40,000 | | | 2. | | Seller-paid points for home bought after 1990 (see
Seller-paid points). Do not include any seller-paid points
you already subtracted to arrive at the amount entered on line 1
| 2. | | | | 3. | | Subtract line 2 from line 1 | 3. | 40,000 | | | 4. | | Settlement fees or closing costs (see
Settlement fees or closing costs). If line 1
includes the adjusted basis of the new home from Form 2119, skip lines 4a–4g and 5;
go to line 6.
| | | | | | | | a. | Abstract and recording fees | 4a. | | | | | | | b. | Legal fees (including fees for title search and preparing
documents) | 4b. | 250 | | | | | | c. | Survey fees | 4c. | | | | | | | d. | Title insurance | 4d. | | | | | | | e. | Transfer or stamp taxes | 4e. | | | | | | | f. | Amounts that the seller owed that you agreed to pay (back taxes or interest,
recording or mortgage fees, and sales commissions)
| 4f. | | | | | | | g. | Other | 4g. | | | | | | 5. | | Add lines 4a through 4g | 5. | 250 | | | 6. | | Cost of additions and improvements. Do not include any additions and improvements included on line
1 | 6. | 2,000 | | | 7. | | Special tax assessments paid for local improvements, such as streets and
sidewalks | 7. | | | | 8. | | Other increases to basis | 8. | | | | 9. | | Add lines 3, 5, 6, 7, and 8 | 9. | 42,250 | | | 10. | | Depreciation allowed or allowable, related to the business use or rental of the
home | 10. | | | | | | 11. | | Other decreases to basis (see
Decreases to Basis), Do not include any postponed gain that reduced the adjusted basis of the new home reported from Form 2119 on line 1
| 11. | | | | | | 12. | | Add lines 10 and 11 | 12. | | | | 13. | | Adjusted basis of home sold. Subtract line 12 from line 9. Enter here and on Worksheet 2, line 4
| 13. | $42,250 | |
|
taxmap/pubs/p523-005.htm#en_us_publink1000207398 | Worksheet 2. Taxable Gain on Sale of Home—Illustrated Example 1 for Peter and Betty
Clark | Part 1. Gain or (Loss) on Sale
| | | | | 1. | | Selling price of home | 1. | $395,000 | | | 2. | | Selling expenses (including commissions, advertising and legal fees, and seller-paid loan
charges) | 2. | 25,000 | | | 3. | | Subtract line 2 from line 1. This is the amount realized | 3. | 370,000 | | | 4. | | Adjusted basis of home sold (from Worksheet 1, line 13) | 4. | 42,250 | | | 5. | | Gain or (loss)
on the sale. Subtract line 4 from line 3. If this is a loss, stop here
| 5. | 327,750 | | | Part 2. Exclusion and Taxable Gain
| | | | | 6. | | Enter any depreciation allowed or allowable on the property for periods after May 6, 1997. If none, enter
-0- | 6. | -0- | | | 7. | | Subtract line 6 from line 5. If the result is less than zero, enter
-0- | 7. | 327,750 | | | 8. | | Aggregate number of days of nonqualified use after 12/31/2008 | 8. | N/A | | | 9. | | Number of days taxpayer owned the property | 9. | N/A | | | 10. | | Divide the amount on line 8 by the amount on line 9. Enter the result as a decimal (rounded to at least 3 places). But do not enter an amount greater than 1.00
| 10. | N/A | | | 11. | | Gain allocated to nonqualified use. (Line 7 multiplied by line
10) | 11. | N/A | | | 12. | | Gain eligible for exclusion. Subtract line 11 from line
7. | 12. | 327,750 | | | 13. | | If you qualify to exclude gain on the sale, enter your maximum exclusion (see
Maximum Exclusion). If you qualify for a reduced maximum exclusion, enter the amount from Worksheet 3, line 7. If you do
not qualify to exclude gain, enter -0-
| 13. | 500,000 | | | 14. | | Exclusion. Enter the smaller of line 12 or line 13
| 14. | 327,750 | | | 15. | | Taxable gain.
Subtract line 14 from line 5. Report your taxable gain as described under
Reporting the Sale.
If the amount on line 6 is more than zero, complete line
16 | 15. | -0- | | | 16. | | Enter the
smaller
of line 6 or line 15. Enter this amount on line 12 of the Unrecaptured Section
1250 Gain
Worksheet in the instructions for Schedule D (Form 1040)
| 16. | -0- | |
|
taxmap/pubs/p523-005.htm#en_us_publink1000200811The facts are the same as in
Example 1, except that Peter and Betty Clark sold their home for $695,000. Their gain on the sale is $627,750. Because they are married, meet the ownership and use tests, have no period of non-qualified use, and file a joint return for the year, they can exclude $500,000 of the gain.
Worksheet 1 remains the same as shown in
Example 1. Their completed Worksheet 2 is shown next.
The Clarks report the sale of their home on Form 8949 and Schedule D (Form 1040). On their Form 8949, Part II, they report their selling price of $695,000 in column (d), and their adjusted basis of $42,250 in column (e). Because the adjustments they enter in column (g) include selling expenses (Code E) and excluded gain (Code H), they enter "EH" in column (f). In column (g) they enter $525,000 (the sum of their exclusion, $500,000, and their selling expenses, $25,000) as a negative number. Because their realized gain is $627,750 and they exclude $500,000, they enter $127,750 in column
(h).
On their Schedule D (Form 1040), line 10, the Clarks include the selling price of $695,000 in column (d), their adjusted basis of $42,250 in column (e), their adjustments of $525,000 as a negative number in column (g), and their recognized gain of $127,750 in column
(h).
taxmap/pubs/p523-005.htm#en_us_publink1000273621 | Worksheet 2. Taxable Gain on Sale of Home—Illustrated Example 2 for Peter and Betty
Clark | Part 1. Gain or (Loss) on Sale
| | | | | 1. | | Selling price of home | 1. | $695,000 | | | 2. | | Selling expenses (including commissions, advertising and legal fees, and seller-paid loan
charges) | 2. | 25,000 | | | 3. | | Subtract line 2 from line 1. This is the amount realized | 3. | 670,000 | | | 4. | | Adjusted basis of home sold (from Worksheet 1, line 13) | 4. | 42,250 | | | 5. | | Gain or (loss)
on the sale. Subtract line 4 from line 3. If this is a loss, stop here
| 5. | 627,750 | | | Part 2. Exclusion and Taxable Gain
| | | | | 6. | | Enter any depreciation allowed or allowable on the property for periods after May 6, 1997. If none, enter
-0- | 6. | -0- | | | 7. | | Subtract line 6 from line 5. If the result is less than zero, enter
-0- | 7. | 627,750 | | | 8. | | Aggregate number of days of nonqualified use after 12/31/2008 | 8. | N/A | | | 9. | | Number of days taxpayer owned the property | 9. | N/A | | | 10. | | Divide the amount on line 8 by the amount on line 9. Enter the result as a decimal (rounded to at least 3 places). But do not enter an amount greater than 1.00
| 10. | N/A | | | 11. | | Gain allocated to nonqualified use. (Line 7 multiplied by line
10) | 11. | N/A | | | 12. | | Gain eligible for exclusion. Subtract line 11 from line
7. | 12. | 627,750 | | | 13. | | If you qualify to exclude gain on the sale, enter your maximum exclusion (see
Maximum Exclusion).
If you qualify for a reduced maximum exclusion, enter the amount from Worksheet 3, line 7. If you do
not qualify to exclude gain, enter -0-
| 13. | 500,000 | | | 14. | | Exclusion. Enter the smaller of line 12 or line 13
| 14. | 500,000 | | | 15. | | Taxable gain.
Subtract line 14 from line 5. Report your taxable gain as described under
Reporting the Sale.
If the amount on line 6 is more than zero, complete line
16 | 15. | 127,750 | | | 16. | | Enter the
smaller
of line 6 or line 15. Enter this amount on line 12 of the Unrecaptured Section
1250 Gain
Worksheet in the instructions for Schedule D (Form 1040)
| 16. | -0- | |
|
taxmap/pubs/p523-005.htm#en_us_publink1000200818Emily White, a single person, bought a home on May 1, 2000. She lived in the home until May 31, 2010, when she moved out and put it up for rent. Emily rented her home from June 1, 2010, until May 31, 2011. She moved back into the house and lived there until she sold it on January 11, 2012. She has no other gains or losses from the sale or exchange of any other
property.
Emily can exclude gain on the sale of her home because she owned and lived in the home for at least 2 years of the 5-year period ending on the date of the
sale.
Emily's records show the following.
| Original cost | $ 50,000 |
| Legal fees for title search | 750 |
| Back taxes paid for prior owner | 1,500 |
| Improvements (deck) | 2,000 |
| Selling price | 195,000 |
| Selling expenses, including commission | 15,000 |
| Depreciation claimed after May 6, 1997 | 1,791 |
Emily uses Worksheet 1 to figure the adjusted basis of the home she sold, $52,459. She uses Worksheet 2 to figure the gain on the sale, $127,541, and the amount of her exclusion, $115,061. Emily cannot exclude $1,791, the part of her gain equal to the depreciation claimed while the house was rented, nor can she exclude $10,689, the part of her gain allocated to nonqualified
use.
Emily's completed Worksheet 1 appears next. Her completed Worksheet 2
follows.
Emily reports the sale in Part II of Form 8949 and Part II of Schedule D (Form 1040). On her Form 8949, Part II, she checks Box C. On line 3, she reports her selling price of $195,000 in column (d) and her adjusted basis of $52,459 in column (e). In column (g), she reports the sum of her exclusion and her selling expenses ($130,061) as a negative number. Because the adjustments she enters in column (g) include her selling expenses (Code E) and her exclusion (Code H), she enters "EH" in column (f). Because her realized gain is $127,541 and her exclusion is $115,061, she enters $12,480 as her recognized gain in column (h).
On her Schedule D (Form 1040), line 10, she enters her selling price of $195,000 in column (d), her adjusted basis of $52,549 in column (e), her adjustments of $130,061 as a negative number in column (g), and her recognized gain of $12,480 in column
(h).
She enters $1,791 on line 12 of the Unrecaptured Section 1250 Gain Worksheet in the Schedule D (Form 1040) instructions. She has no gains or losses from the sale of property other than the gain from the sale of her home. Therefore, she also enters $1,791 on lines 13 and 18 of the worksheet and on line 19 of Schedule D. She then figures her tax using the Schedule D Tax Worksheet in the Schedule D (Form 1040)
instructions.
taxmap/pubs/p523-005.htm#en_us_publink1000207399 | Worksheet 1. Adjusted Basis of Home Sold—Illustrated Example 3 for Emily
White | Caution:
See the Worksheet 1 Instructions before you use this
worksheet. | | | 1. | | Enter the purchase price of the home sold. (If you filed Form 2119 when you originally acquired that
home to postpone gain on the sale of a previous home before May 7, 1997, enter the adjusted basis of the new home
from that Form 2119.)
| 1. | $50,000 | | | 2. | | Seller-paid points for home bought after 1990 (see
Seller-paid points). Do not include any seller-paid points
you already subtracted to arrive at the amount entered on line 1
| 2. | | | | 3. | | Subtract line 2 from line 1 | 3. | 50,000 | | | 4. | | Settlement fees or closing costs (see
Settlement fees or closing costs). If line 1
includes the adjusted basis of the new home from Form 2119, skip lines 4a–4g and 5;
go to line 6
| | | | | | | | a. | Abstract and recording fees | 4a. | | | | | | | b. | Legal fees (including fees for title search and preparing
documents) | 4b. | 750 | | | | | | c. | Survey fees | 4c. | | | | | | | d. | Title insurance | 4d. | | | | | | | e. | Transfer or stamp taxes | 4e. | | | | | | | f. | Amounts that the seller owed that you agreed to pay (back taxes or interest,
recording or mortgage fees, and sales commissions)
| 4f. | 1,500 | | | | | | g. | Other | 4g. | | | | | | 5. | | Add lines 4a through 4g | 5. | 2,250 | | | 6. | | Cost of additions and improvements. Do not include any additions and improvements included on line
1 | 6. | 2,000 | | | 7. | | Special tax assessments paid for local improvements, such as streets and
sidewalks | 7. | | | | 8. | | Other increases to basis | 8. | | | | 9. | | Add lines 3, 5, 6, 7, and 8 | 9. | 54,250 | | | 10. | | Depreciation allowed or allowable, related to the business use or rental of the
home | 10. | 1,791 | | | | | 11. | | Other decreases to basis (see
Decreases to Basis). Do not include any postponed gain that reduced the adjusted basis of the new home reported from Form 2119 on line 1
| 11. | | | | | | 12. | | Add lines 10 and 11 | 12. | 1,791 | | | 13. | | Adjusted basis of home sold. Subtract line 12 from line 9. Enter here and on Worksheet 2, line 4
| 13. | $52,459 | |
|
taxmap/pubs/p523-005.htm#en_us_publink1000207402 | Worksheet 2. Taxable Gain on Sale of Home—Illustrated Example 3 for Emily
White | Part 1. Gain or (Loss) on Sale
| | | | | 1. | | Selling price of home | 1. | $195,000 | | | 2. | | Selling expenses (including commissions, advertising and legal fees, and seller-paid loan
charges) | 2. | 15,000 | | | 3. | | Subtract line 2 from line 1. This is the amount realized | 3. | 180,000 | | | 4. | | Adjusted basis of home sold (from Worksheet 1, line 13) | 4. | 52,459 | | | 5. | | Gain or (loss)
on the sale. Subtract line 4 from line 3. If this is a loss, stop here
| 5. | 127,541 | | | Part 2. Exclusion and Taxable Gain
| | | | | 6. | | Enter any depreciation allowed or allowable on the property for periods after May 6, 1997. If none, enter
-0- | 6. | 1,791 | | | 7. | | Subtract line 6 from line 5. If the result is less than zero, enter
-0- | 7. | 125,750 | | | 8. | | Aggregate number of days of nonqualified use after 12/31/2008 | 8. | 365 | | | 9. | | Number of days taxpayer owned the property | 9. | 4,272 | | | 10. | | Divide the amount on line 8 by the amount on line 9. Enter the result as a decimal (rounded to at least 3 places). But do not enter an amount greater than 1.00
| 10. | .085 | | | 11. | | Gain allocated to nonqualified use. (Line 7 multiplied by line
10) | 11. | 10,689 | | | 12. | | Gain eligible for exclusion. Subtract line 11 from line
7. | 12. | 115,061 | | | 13. | | If you qualify to exclude gain on the sale, enter your maximum exclusion (see
Maximum Exclusion).
If you qualify for a reduced maximum exclusion, enter the amount from Worksheet 3, line 7. If you do
not qualify to exclude gain, enter -0-
| 13. | 250,000 | | | 14. | | Exclusion. Enter the smaller of line 12 or line 13
| 14. | 115,061 | | | 15. | | Taxable gain.
Subtract line 14 from line 5. Report your taxable gain as described under
Reporting the Sale.
If the amount on line 6 is more than zero, complete line
16 | 15. | 12,480 | | | 16. | | Enter the
smaller
of line 6 or line 15. Enter this amount on line 12 of the Unrecaptured Section
1250 Gain
Worksheet in the instructions for Schedule D (Form 1040)
| 16. | $1,791 | |
|