My wife and I have lived in a house owned by my parents for the past 19 years. About a year ago, they gave us the home. We are thinking of selling the home and moving. Since the home was family gifted, do we have to have lived in it for two years since it was signed over (to take the capital gains write-off of $500,000) or does the fact that we have lived there 19 years count?
To qualify for the maximum capital gain exclusion on the sale of a primary residence, a taxpayer must satisfy both the ownership and residence test.
In your specific case, if you and your wife have not owned the home for at least two of the past five years, you would not pass the ownership test. However, you may qualify for a partial capital gain exclusion under your circumstances. IRS Publication 523 details how to calculate the partial capital gain exclusion.
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Answered by: Dominic T. Cutuli, CPA, is a principal with H2R CPA in Pittsburgh.