I also need advise on Residential Real Estate Capital Gain

Joined
28 January 2004
Messages
77
Location
NoVA
Need advise from real estate guru or CPA?

I know in order not to pay tax on capital gain on residential property, you need to live in it as a private use 2 out of 5 years. IRS, also stated that you may still qualify for tax benefit if you meet certain conditions if you sale the property before the 2 year minimum requirement that the captial gain tax will be prorated.

Currently, I am in the process of down grading from single family home that I purchased about a year ago into a townhome due to the growing expenses with my first newborn baby girl :). My main goal is to lower my montly expenses and continue to have a comfortable living condition and provide whatever I can to my family.

I have put in a contract for a new construction TH near by where I currently live which will not take delivery of the new TH until Oct 05. I will be planning to put my single family on the market in mid or late Aug 05. I figured that I will have a gain of 150k after all other expenses pay relate to the sales of the house. By the time that I finishs this transaction, I will have lived in the SF for roughly 18 months. If I am able to meet the special condition rules set by the IRS I would only pay 25% of the 150K profit that I gain from the sales of the house.

The reasons to down grade

1. The SF is to big for the 3 of us.
2. big mortgage
3. expense to upkeep the house is high (my energy bill is between 500 to 700 each month during this winter)
4. child care expense, life insurance, education funds.
5. car payments
6. student loan
7. not able to save money for future
8. living pay check to pay check

Benefit down grade to the TH

1. 100k less mortage
2. expense to upkeep the TH is much less
3. all car payment will be paid off
4. no more student loan
5. wife can decide to stay home or continue to work
6. continue to save money for the future
7. no more living pay check to pay check

I wonder with the stated the condtions from above, will I meet any of the requirement? or How?

Thanks for your advises
 
Disclaimer again: I know nothing. This is my opinion. Please consult a professional for real advice.

I don't think the situation you describe is one of the "unforeseen circumstances" as defined by the IRS. For a while, there was no clear definition of what met this criteria. However, I think the IRS may have recently put some guidelines in place. If I remember correctly, this included death in the family, job relocation (greater than 50 miles) and unforseen medical emergencies.

I don't think cutting expenses b/c of a newborn qualifies. You may want to consider staying in your house until the 2 years has passed. Even if you have to pay two mortgages, it may still save you a lot of money. (and if you need the cash, take out a HELOC on the SFH) OTOH, you have lived there more than a year so I think you will only be subject to LT cap gains tax instead of ordinary income. 15% vs 28-35%. $105k less 15% is still $89k. Not too shabby.

Good luck.
 
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