The Federal Tax Code allows married taxpayers to exclude from capital gains taxes up to $500,000 in profits from selling a home (singles can exclude $250,000). In order to qualify for this exemption, you must prove that that the home has been your principal residence for at least two out of the last five years. The establishment of the home as a principal residence depends on the facts of each homeowner's circumstance. Here are two cases to consider.

Homeowner A has lived at 25 Pine Drive for 12 years. Although he stays at his vacation cottage in another town for up to three months out of each year (sometimes more), 25 Pine Drive is his principal residence, where he lives most of the time. When he sells the home, Homeowner A (filing as a single individual) can keep up to $250,000 in tax-free profit.

Homeowner B buys 108 Maple Street, intending to live there. He rents it out while waiting to sell his current home, where he has lived for six years. His principal residence sells at the end of two years. Homeowner B moves into his new house, lives there for three months, and then decides to travel. After a six-month trip, he regrets buying 108 Maple Street and sells it. Even though he has owned the house on Maple Street for over two years, it won't qualify as "owner-occupied", because he only lived in it for a few months. Thus Homeowner B is not eligible to claim the tax exemption when he sells the house on Maple Street.

Consult your tax advisor for advice about your particular circumstance.

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Elizabeth Brien
The Charles Reinhart Company Realtors
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Elizabeth Brien is a dedicated champion for the achievement of the dreams and goals of her clients and their families. Elizabeth's keen ability to establish relationships with her clients, her vast marketplace knowledge, and her focus and effort, have resulted in a significant list of satisfied, and often repeat, clients. Elizabeth has over 25 years of experience throughout the entire residential market - new construction and re-sale of homes, condos and income properties. With over $43 million in sales in 2009, and $613 million in career sales, Elizabeth Brien was the top-selling realtor in Washtenaw County in 2009. Please contact Elizabeth for information concerning the Ann Arbor and greater Washtenaw County areas, and for assistance in buying or selling a home in Ann Arbor, Saline, Dexter, Chelsea or any other part of Washtenaw County. She'll be happy to help in any way she can.

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