Question regarding Ownership and Use test for Real Estate Capital Gains Exclusion...? [Archive] - Real Estate Insider Forum
 
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outlawnyc
09-22-2007, 03:15 PM
Many of you may know the home sale exclusion act which allows a $250k capital gains exclusion ($500k if married) if you lived in your house and owned it 2 of the last 5 years. My question is what happens if you rented an apartment for 2 years, then bought it, lived in it for a year, and then rented it out for 3. IN this circumstance you owned it for 4 years, but rented it out for 3, bbut have lived in the house for 2 of the last 5 years.would u qualify for this exclusion? Or would you have to move in and live in it for 1 more year. thanks!

Elsa D
09-23-2007, 04:20 PM
You need another year, time renting to another owner does not apply.

michael g
09-24-2007, 07:44 PM
It HAS to be your primary residence, including being able to qualify for homestesd exemption