ssronce

When selling a principal residence, taxpayers turn to Section 121 of the Internal Revenue Code to mitigate potential capital gains taxes. Under this provision, homeowners can exclude up to $250,000 of gain ($500,000 for qualifying joint filers) from the sale. To fully qualify, individuals must have owned and lived in the home as their primary residence for at least two out of the five years preceding the sale date. However, life sometimes unfolds in ways that prevent individuals from satisfying the full requirements for this lucrative exclusion. Thankfully, the IRS provides relief through partial exclusions for those who need to sell their home due to a change in the place of employment, health issues, or unforeseen circumstances before meeting the two out of the five years standard requirement. This article delves into understanding how these exceptions operate, offering insights into when taxpayers can still benefit from a Section 121 gain exclusion despite not meeting the standard criteria.

Change in Place of Employment – The most common reason for a partial exclusion is a job-related move that causes the taxpayer to sell their home before the 2-of-5 years tests were met. To meet the “safe harbor” for this category, your new place of work must be at least 50 miles farther from your home than your old workplace was. If you didn’t have a previous workplace, your new one must be at least 50 miles from the home you are selling.

• The taxpayer.
• The taxpayer’s spouse.
• A co-owner of the home.
• Anyone else for whom the home was their primary residence.

Health-Related Moves – A move is considered health-related if the primary reason is to obtain, provide, or facilitate the diagnosis, cure, mitigation, or treatment of a disease, illness, or injury. It also covers moving to provide medical or personal care for a family member. Note that a move for “general health and well-being” (e.g., moving to a warmer climate just because you like it) does not qualify; a doctor must generally recommend the change in residence.

• The taxpayer, spouse, or co-owner.
• Family members, specifically parents, grandparents, stepparents, children
• (including adopted, foster, or stepchildren), grandchildren, siblings, in-laws, aunts, uncles, nephews, and nieces.
• Any resident of the home.

Unforeseen Circumstances – An “unforeseen circumstance” is an event you could not have reasonably anticipated before purchasing and occupying the home. If your situation does not fit a specific safe harbor, the IRS looks at factors like whether the event and sale were close in time, or if your financial ability to maintain the home was materially impaired. But merely deciding after you’ve lived in a home for a while that you don’t like the neighborhood won’t qualify as an unforeseen circumstance.

The Safe Harbor List – The IRS provides a specific list of events that automatically qualify as unforeseen circumstances:

• Involuntary conversion (e.g., the home is destroyed or condemned).
• Natural or man-made disasters or acts of terrorism resulting in a casualty loss.
• Death of a qualified individual (taxpayer, spouse, co-owner, or resident).
• Divorce or legal separation.
• Eligibility for unemployment compensation.
• Change in employment status that leaves the taxpayer unable to pay basic living expenses (food, housing, taxes, etc.).
• Multiple births from the same pregnancy.

How the Partial Exclusion is Calculated – The partial exclusion is not a flat rate; it is a fraction of the maximum exclusion ($250,000 or $500,000).

• The Formula – You take the shortest of the following periods (in days or months) and divide it by 730 days (or 24 months):

1. The time you owned the home during the 5-year period before the sale.
2. The time you used the home as your primary residence during that same period.
3. The time since you last claimed the Section 121 exclusion for another home.

Example: If you are a single filer who lived in your home for 12 months before moving for a new job 100 miles away, and had last claimed the exclusion 6 years ago, you have met 50% of the 24-month requirement. You can exclude $125,000 (50% of $250,000) of your gain from taxes.

Navigating IRS Section 121 can be complex, especially when determining if your specific “facts and circumstances” meet the threshold for an unforeseen event. If you are planning a move or have recently sold a home before reaching the two-year mark, please contact DBC for assistance in calculating your exclusion and ensuring your documentation meets IRS standards.