Before we begin, please
keep in mind that there are exceptions for every law so, no one
should act upon this information without consulting a professional
advisor about their specific situation. Nonetheless, this law promises
some interesting opportunities.
Let's get started: this
law states that home owners who have owned and occupied their primary
residence for at least two years of the five year period prior to
the sale are not taxed on up to $250,000 of gain ($500,000 if they're
married filing jointly). This is not a one-time exclusion ... it
can be done unlimited times, generally once every two years. And,
age doesn't matter.
That's fabulous! The
obvious benefit is that most people can move from home to home throughout
their life time without ever paying tax on the profits. But there
are even greater, less obvious, benefits if you read between the
lines of this tax law.
For example, consider
a couple who owns a longtime primary residence and a vacation home.
Both homes have appreciated tremendously. Under the new law, the
couple could sell their primary residence and exclude profits up
to $500,000, then move into their vacation home, live there for
two years, sell it and exclude up to $500,000 again!
It
Gets Even Better
Or better yet, what
if this couple owned those two homes plus several rental houses?
They could do as described in the previous paragraph, then they
can move into one of their rental houses, live there for two years,
then sell it and exclude the gain. Then move to the next rental
house and do it again. Keep in mind that part of the gain resulting
from prior depreciation deductions may not be eligible for the exclusion.
An even more efficient
way for investors to take advantage of this tax law would be to
package up all their rental properties and do a tax-free exchange
into one big home on their favorite beach. They use the beach house
as a rental property for a few years, then convert it to their primary
residence, live there for at least two years and exclude up to $500,000
of gain when they sell. (Don't forget: part of the gain from depreciation
may be taxable.)
That's powerful but
wait, there's more: The law even has some flexibility! What if you
don't meet the two-year requirement? You still might be OK because
the law allows you to prorate the $250,000 or $500,000 exclusion
if you failed to meet the time period because of employment, health
or other unforeseen circumstances.
Fixer
Uppers Benefit Too
What if you buy homes,
fix them up and sell them at a profit? In the past you've had to
pay tax on your profit. But, under this law you could fix up the
property, move into it for a couple years, then sell it and your
profit is tax free (assuming it's less than the $250,000 or $500,000
limits)!
Everyone
Wins!
So, sound the trumpets
loud and clear. The winds of tax law are blowing in favor of real
estate. The bottom line is, home owners across America can pull
profits out of their homes tax free. This helps sellers, this helps
buyers, this helps everyone. What a country!
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