Ask Liz Weston

Get smart with your money

home sale exemption

Q&A: Widow may be eligible for home sale tax relief

By 2 Comments

Dear Liz: My late husband and I bought my present home in 1969. I am now 80. From what I understand, my widowed status does not make any difference in regard to the home sale exemption. His death means that when I want or need to sell the house, I lose out on half the $500,000 home sale exemption we otherwise would have received. I have not discovered any exceptions for the elderly widow or widower. Does such a relief exist?

Answer: If you sell the house within two years of a spouse’s death, you can qualify for the full $500,000 home sale exclusion, assuming you meet the other criteria for this tax break, such as owning and living in the home as your primary residence for at least two of the past five years, says Mark Luscombe, principal analyst for Wolters Kluwer Tax & Accounting. This assumes the surviving spouse has not remarried and neither spouse claimed the exclusion within two years before the sale.

If more than two years have passed, you still may get more tax relief than you think. In most states, when a spouse dies, one-half of the home gets a favorable “step up” in tax basis to the current market value. In California and other community property states, both halves of the house get this step up.

Let’s say you and your husband bought your home for $25,000 in 1969 and spent $75,000 on home improvements over the years, creating a tax basis of $100,000. Let’s further say the house was worth $600,000 when he died. In most states, your half of the house would retain its tax basis of $50,000. His half would be stepped up to $300,000, or half the then-current market value. Together, the tax basis would be $350,000. If you sold the house for $650,000, your home sale profit would be $300,000. You could subtract the $250,000 exemption from that, leaving you with a $50,000 capital gain.

If you live in a community property state, however, your tax basis would be $600,000 after your husband died, since both halves got the step-up. If you sold for $650,000, your exemption would more than offset the $50,000 profit and you would owe no capital gains taxes.

Q&A: Selling a house? Don’t confuse the tax rules

By

Dear Liz: We read your recent column about capital gains and home sales. Our understanding is that if you sell and then buy a property of equal or greater value within the 180-day window, the basis for tax purposes is the purchase price, plus the $500,000 exemption, plus the improvements to the property, minus the depreciation, whatever that number comes to, and then the profit above that has to be reinvested or it is subject to capital gains. We talked to our CPA about this and he referred us to a site that specializes in 1031 exchanges.

Answer: You’ve mashed together two different sets of tax laws.

Only the sale of your primary residence will qualify for the home sale exemption, which for a married couple can exempt as much as $500,000 of home sale profits from taxation. You must have owned and lived in the home at least two of the previous five years.

Meanwhile, 1031 exchanges allow you to defer capital gains on investment property, such as commercial or rental real estate, as long as you purchase a similar property within 180 days (and follow a bunch of other rules). The replacement property doesn’t have to be more expensive, but if it’s less expensive or has a smaller mortgage than the property you sell, you could owe capital gains taxes on the difference.

It is possible to use both tax laws on the same property, but not simultaneously.

In the past, you could do a 1031 exchange and then convert the rental property into a primary residence to claim the home sale exemption after two years. Current tax law requires waiting at least five years after a 1031 exchange before a home sale exemption can be taken.

You can turn your primary residence into a rental and after two years do a 1031 exchange, but you would be deferring capital gains, while the home sale exemption allows you to avoid them on up to $500,000 of home sale profits.