Expert Insight: Can You Avoid Taxes By Rolling Home Sale Profits Into a New Home?

Written by Mr. Real Estate
Published April 24, 2004

Robert Irwin has written quite a bit about real estate, and I, as a real estate practitioner, have always enjoyed reading his wisdom. Below is a post from the Wall Street Journal's Real Estate Journal, where a man asks Irwin whether or not he can escape paying capital gains taxes on the sale of his home. Here's a snippet of the column:

Question: My wife and I are thinking of selling our house in Old Greenwich, Conn., which we've owned for nine years. We have invested approximately $750,000 in the house and are looking to sell it for $1.7 million. From what I understand, we would need to pay capital-gains taxes on profits over $500,000. My question is, can this tax be deferred by re-investing it in our next house and, if so, how much should we pay for a house to avoid the tax?

-- Tom, Old Greenwich, Conn.

Tom: You're partly correct. Under the rules passed by Congress in the 1997 Taxpayer Relief Act, married couples can exclude up to $500,000 in gains provided they have lived in the home for two of the past five years and the home meets the requirements for a principal residence. From what you describe, that means that you probably will be able to exclude the first $500,000 of capital gain. Check with your accountant to be sure.

However, you will have to pay tax on the balance of your capital gain over $500,000. Under the old rules you could have deferred the entire amount by rolling it over into a new home. However, that rule was eliminated.

It's interesting to note that while the up-to-$500,000 exclusion (for married couples) benefits most home sellers, it actually can hurt those who have very large capital gains.

As Irwin pointed out, unfortunately you can no longer roll over any gains you had into a new home, but you can still exclude up to $500,000 if you're married. You should definitely talk to your account, though, if you're faced with a situation similar to Tom's. The exclusion is less if you are single.

-John Mudd
"Mr. Real Estate"

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Expert Insight: Can You Avoid Taxes By Rolling Home Sale Profits Into a New Home?
Published: April 24, 2004
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Section: Culture
Writer: Mr. Real Estate
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