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Back tax filing 15. Back tax filing   Selling Your Home Table of Contents Reminder Introduction Useful Items - You may want to see: Main Home Figuring Gain or LossSelling Price Amount Realized Adjusted Basis Amount of Gain or Loss Dispositions Other Than Sales Determining Basis Excluding the GainMaximum Exclusion Ownership and Use Tests Reduced Maximum Exclusion Business Use or Rental of Home Reporting the SaleSeller-financed mortgage. Back tax filing More information. Back tax filing Special SituationsException for sales to related persons. Back tax filing Recapturing (Paying Back) a Federal Mortgage Subsidy Reminder Home sold with undeducted points. Back tax filing  If you have not deducted all the points you paid to secure a mortgage on your old home, you may be able to deduct the remaining points in the year of the sale. Back tax filing See Mortgage ending early under Points in chapter 23. Back tax filing Introduction This chapter explains the tax rules that apply when you sell your main home. Back tax filing In most cases, your main home is the one in which you live most of the time. Back tax filing If you sold your main home in 2013, you may be able to exclude from income any gain up to a limit of $250,000 ($500,000 on a joint return in most cases). Back tax filing See Excluding the Gain , later. Back tax filing Generally, if you can exclude all the gain, you do not need to report the sale on your tax return. Back tax filing If you have gain that cannot be excluded, it is taxable. Back tax filing Report it on Form 8949, Sales and Other Dispositions of Capital Assets, and Schedule D (Form 1040). Back tax filing You may also have to complete Form 4797, Sales of Business Property. Back tax filing See Reporting the Sale , later. Back tax filing If you have a loss on the sale, you generally cannot deduct it on your return. Back tax filing However, you may need to report it. Back tax filing See Reporting the Sale , later. Back tax filing The following are main topics in this chapter. Back tax filing Figuring gain or loss. Back tax filing Basis. Back tax filing Excluding the gain. Back tax filing Ownership and use tests. Back tax filing Reporting the sale. Back tax filing Other topics include the following. Back tax filing Business use or rental of home. Back tax filing Recapturing a federal mortgage subsidy. Back tax filing Useful Items - You may want to see: Publication 523 Selling Your Home 530 Tax Information for Homeowners 547 Casualties, Disasters, and Thefts Form (and Instructions) Schedule D (Form 1040) Capital Gains and Losses 982 Reduction of Tax Attributes Due to Discharge of Indebtedness 8828 Recapture of Federal Mortgage Subsidy 8949 Sales and Other Dispositions of Capital Assets Main Home This section explains the term “main home. Back tax filing ” Usually, the home you live in most of the time is your main home and can be a: House, Houseboat, Mobile home, Cooperative apartment, or Condominium. Back tax filing To exclude gain under the rules of this chapter, you in most cases must have owned and lived in the property as your main home for at least 2 years during the 5-year period ending on the date of sale. Back tax filing Land. Back tax filing   If you sell the land on which your main home is located, but not the house itself, you cannot exclude any gain you have from the sale of the land. Back tax filing However, if you sell vacant land used as part of your main home and that is adjacent to it, you may be able to exclude the gain from the sale under certain circumstances. Back tax filing See Vacant land under Main Home in Publication 523 for more information. Back tax filing Example. Back tax filing You buy a piece of land and move your main home to it. Back tax filing Then you sell the land on which your main home was located. Back tax filing This sale is not considered a sale of your main home, and you cannot exclude any gain on the sale of the land. Back tax filing More than one home. Back tax filing   If you have more than one home, you can exclude gain only from the sale of your main home. Back tax filing You must include in income gain from the sale of any other home. Back tax filing If you have two homes and live in both of them, your main home is ordinarily the one you live in most of the time during the year. Back tax filing Example 1. Back tax filing You own two homes, one in New York and one in Florida. Back tax filing From 2009 through 2013, you live in the New York home for 7 months and in the Florida residence for 5 months of each year. Back tax filing In the absence of facts and circumstances indicating otherwise, the New York home is your main home. Back tax filing You would be eligible to exclude the gain from the sale of the New York home but not of the Florida home in 2013. Back tax filing Example 2. Back tax filing You own a house, but you live in another house that you rent. Back tax filing The rented house is your main home. Back tax filing Example 3. Back tax filing You own two homes, one in Virginia and one in New Hampshire. Back tax filing In 2009 and 2010, you lived in the Virginia home. Back tax filing In 2011 and 2012, you lived in the New Hampshire home. Back tax filing In 2013, you lived again in the Virginia home. Back tax filing Your main home in 2009, 2010, and 2013 is the Virginia home. Back tax filing Your main home in 2011 and 2012 is the New Hampshire home. Back tax filing You would be eligible to exclude gain from the sale of either home (but not both) in 2013. Back tax filing Property used partly as your main home. Back tax filing   If you use only part of the property as your main home, the rules discussed in this publication apply only to the gain or loss on the sale of that part of the property. Back tax filing For details, see Business Use or Rental of Home , later. Back tax filing Figuring Gain or Loss To figure the gain or loss on the sale of your main home, you must know the selling price, the amount realized, and the adjusted basis. Back tax filing Subtract the adjusted basis from the amount realized to get your gain or loss. Back tax filing     Selling price     − Selling expenses       Amount realized       Amount realized     − Adjusted basis       Gain or loss   Selling Price The selling price is the total amount you receive for your home. Back tax filing It includes money and the fair market value of any other property or any other services you receive and all notes, mortgages or other debts assumed by the buyer as part of the sale. Back tax filing Payment by employer. Back tax filing   You may have to sell your home because of a job transfer. Back tax filing If your employer pays you for a loss on the sale or for your selling expenses, do not include the payment as part of the selling price. Back tax filing Your employer will include it as wages in box 1 of your Form W-2, and you will include it in your income on Form 1040, line 7. Back tax filing Option to buy. Back tax filing   If you grant an option to buy your home and the option is exercised, add the amount you receive for the option to the selling price of your home. Back tax filing If the option is not exercised, you must report the amount as ordinary income in the year the option expires. Back tax filing Report this amount on Form 1040, line 21. Back tax filing Form 1099-S. Back tax filing   If you received Form 1099-S, Proceeds From Real Estate Transactions, box 2 (Gross proceeds) should show the total amount you received for your home. Back tax filing   However, box 2 will not include the fair market value of any services or property other than cash or notes you received or will receive. Back tax filing Instead, box 4 will be checked to indicate your receipt or expected receipt of these items. Back tax filing Amount Realized The amount realized is the selling price minus selling expenses. Back tax filing Selling expenses. Back tax filing   Selling expenses include: Commissions, Advertising fees, Legal fees, and Loan charges paid by the seller, such as loan placement fees or “points. Back tax filing ” Adjusted Basis While you owned your home, you may have made adjustments (increases or decreases) to the basis. Back tax filing This adjusted basis must be determined before you can figure gain or loss on the sale of your home. Back tax filing For information on how to figure your home's adjusted basis, see Determining Basis , later. Back tax filing Amount of Gain or Loss To figure the amount of gain or loss, compare the amount realized to the adjusted basis. Back tax filing Gain on sale. Back tax filing   If the amount realized is more than the adjusted basis, the difference is a gain and, except for any part you can exclude, in most cases is taxable. Back tax filing Loss on sale. Back tax filing   If the amount realized is less than the adjusted basis, the difference is a loss. Back tax filing A loss on the sale of your main home cannot be deducted. Back tax filing Jointly owned home. Back tax filing   If you and your spouse sell your jointly owned home and file a joint return, you figure your gain or loss as one taxpayer. Back tax filing Separate returns. Back tax filing   If you file separate returns, each of you must figure your own gain or loss according to your ownership interest in the home. Back tax filing Your ownership interest is generally determined by state law. Back tax filing Joint owners not married. Back tax filing   If you and a joint owner other than your spouse sell your jointly owned home, each of you must figure your own gain or loss according to your ownership interest in the home. Back tax filing Each of you applies the rules discussed in this chapter on an individual basis. Back tax filing Dispositions Other Than Sales Some special rules apply to other dispositions of your main home. Back tax filing Foreclosure or repossession. Back tax filing   If your home was foreclosed on or repossessed, you have a disposition. Back tax filing See Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments, to determine if you have ordinary income, gain, or loss. Back tax filing Abandonment. Back tax filing   If you abandon your home, see Publication 4681 to determine if you have ordinary income, gain, or loss. Back tax filing Trading (exchanging) homes. Back tax filing   If you trade your old home for another home, treat the trade as a sale and a purchase. Back tax filing Example. Back tax filing You owned and lived in a home with an adjusted basis of $41,000. Back tax filing A real estate dealer accepted your old home as a trade-in and allowed you $50,000 toward a new home priced at $80,000. Back tax filing This is treated as a sale of your old home for $50,000 with a gain of $9,000 ($50,000 – $41,000). Back tax filing If the dealer had allowed you $27,000 and assumed your unpaid mortgage of $23,000 on your old home, your sales price would still be $50,000 (the $27,000 trade-in allowed plus the $23,000 mortgage assumed). Back tax filing Transfer to spouse. Back tax filing   If you transfer your home to your spouse or you transfer it to your former spouse incident to your divorce, you in most cases have no gain or loss. Back tax filing This is true even if you receive cash or other consideration for the home. Back tax filing As a result, the rules in this chapter do not apply. Back tax filing More information. Back tax filing   If you need more information, see Transfer to spouse in Publication 523 and Property Settlements in Publication 504, Divorced or Separated Individuals. Back tax filing Involuntary conversion. Back tax filing   You have a disposition when your home is destroyed or condemned and you receive other property or money in payment, such as insurance or a condemnation award. Back tax filing This is treated as a sale and you may be able to exclude all or part of any gain from the destruction or condemnation of your home, as explained later under Special Situations . Back tax filing Determining Basis You need to know your basis in your home to figure any gain or loss when you sell it. Back tax filing Your basis in your home is determined by how you got the home. Back tax filing Generally, your basis is its cost if you bought it or built it. Back tax filing If you got it in some other way (inheritance, gift, etc. Back tax filing ), your basis is generally either its fair market value when you received it or the adjusted basis of the previous owner. Back tax filing While you owned your home, you may have made adjustments (increases or decreases) to your home's basis. Back tax filing The result of these adjustments is your home's adjusted basis, which is used to figure gain or loss on the sale of your home. Back tax filing See Adjusted Basis , later. Back tax filing You can find more information on basis and adjusted basis in chapter 13 of this publication and in Publication 523. Back tax filing Cost As Basis The cost of property is the amount you paid for it in cash, debt obligations, other property, or services. Back tax filing Purchase. Back tax filing   If you bought your home, your basis is its cost to you. Back tax filing This includes the purchase price and certain settlement or closing costs. Back tax filing In most cases, your purchase price includes your down payment and any debt, such as a first or second mortgage or notes you gave the seller in payment for the home. Back tax filing If you build, or contract to build, a new home, your purchase price can include costs of construction, as discussed in Publication 523. Back tax filing Settlement fees or closing costs. Back tax filing   When you bought your home, you may have paid settlement fees or closing costs in addition to the contract price of the property. Back tax filing You can include in your basis some of the settlement fees and closing costs you paid for buying the home, but not the fees and costs for getting a mortgage loan. Back tax filing A fee paid for buying the home is any fee you would have had to pay even if you paid cash for the home (that is, without the need for financing). Back tax filing    Chapter 13 lists some of the settlement fees and closing costs that you can include in the basis of property, including your home. Back tax filing It also lists some settlement costs that cannot be included in basis. Back tax filing   Also see Publication 523 for additional items and a discussion of basis other than cost. Back tax filing Adjusted Basis Adjusted basis is your cost or other basis increased or decreased by certain amounts. Back tax filing To figure your adjusted basis, you can use Worksheet 1 in Publication 523. Back tax filing Do not use Worksheet 1 if you acquired an interest in your home from a decedent who died in 2010 and whose executor filed Form 8939, Allocation of Increase in Basis for Property Acquired From a Decedent. Back tax filing Increases to basis. Back tax filing   These include the following. Back tax filing Additions and other improvements that have a useful life of more than 1 year. Back tax filing Special assessments for local improvements. Back tax filing Amounts you spent after a casualty to restore damaged property. Back tax filing Improvements. Back tax filing   These add to the value of your home, prolong its useful life, or adapt it to new uses. Back tax filing You add the cost of additions and other improvements to the basis of your property. Back tax filing   For example, putting a recreation room or another bathroom in your unfinished basement, putting up a new fence, putting in new plumbing or wiring, putting on a new roof, or paving your unpaved driveway are improvements. Back tax filing An addition to your house, such as a new deck, a sunroom, or a new garage, is also an improvement. Back tax filing Repairs. Back tax filing   These maintain your home in good condition but do not add to its value or prolong its life. Back tax filing You do not add their cost to the basis of your property. Back tax filing   Examples of repairs include repainting your house inside or outside, fixing your gutters or floors, repairing leaks or plastering, and replacing broken window panes. Back tax filing Decreases to basis. Back tax filing   These include the following. Back tax filing Discharge of qualified principal residence indebtedness that was excluded from income. Back tax filing Some or all of the cancellation of debt income that was excluded due to your bankruptcy or insolvency. Back tax filing For details, see Publication 4681. Back tax filing Gain you postponed from the sale of a previous home before May 7, 1997. Back tax filing Deductible casualty losses. Back tax filing Insurance payments you received or expect to receive for casualty losses. Back tax filing Payments you received for granting an easement or right-of-way. Back tax filing Depreciation allowed or allowable if you used your home for business or rental purposes. Back tax filing Energy-related credits allowed for expenditures made on the residence. Back tax filing (Reduce the increase in basis otherwise allowable for expenditures on the residence by the amount of credit allowed for those expenditures. Back tax filing ) Adoption credit you claimed for improvements added to the basis of your home. Back tax filing Nontaxable payments from an adoption assistance program of your employer you used for improvements you added to the basis of your home. Back tax filing Energy conservation subsidy excluded from your gross income because you received it (directly or indirectly) from a public utility after 1992 to buy or install any energy conservation measure. Back tax filing An energy conservation measure is an installation or modification primarily designed either to reduce consumption of electricity or natural gas or to improve the management of energy demand for a home. Back tax filing District of Columbia first-time homebuyer credit (allowed on the purchase of a principal residence in the District of Columbia beginning on August 5, 1997 and before January 1, 2012). Back tax filing General sales taxes (allowed beginning 2004 and ending before 2014) claimed as an itemized deduction on Schedule A (Form 1040) that were imposed on the purchase of personal property, such as a houseboat used as your home or a mobile home. Back tax filing Discharges of qualified principal residence indebtedness. Back tax filing   You may be able to exclude from gross income a discharge of qualified principal residence indebtedness. Back tax filing This exclusion applies to discharges made after 2006 and before 2014. Back tax filing If you choose to exclude this income, you must reduce (but not below zero) the basis of the principal residence by the amount excluded from your gross income. Back tax filing   File Form 982 with your tax return. Back tax filing See the form's instructions for detailed information. Back tax filing Recordkeeping. Back tax filing You should keep records to prove your home's adjusted basis. Back tax filing Ordinarily, you must keep records for 3 years after the due date for filing your return for the tax year in which you sold your home. Back tax filing But if you sold a home before May 7, 1997, and postponed tax on any gain, the basis of that home affects the basis of the new home you bought. Back tax filing Keep records proving the basis of both homes as long as they are needed for tax purposes. Back tax filing The records you should keep include: Proof of the home's purchase price and purchase expenses, Receipts and other records for all improvements, additions, and other items that affect the home's adjusted basis, Any worksheets or other computations you used to figure the adjusted basis of the home you sold, the gain or loss on the sale, the exclusion, and the taxable gain, Any Form 982 you filed to report any discharge of qualified principal residence indebtedness, Any Form 2119, Sale of Your Home, you filed to postpone gain from the sale of a previous home before May 7, 1997, and Any worksheets you used to prepare Form 2119, such as the Adjusted Basis of Home Sold Worksheet or the Capital Improvements Worksheet from the Form 2119 instructions, or other source of computations. Back tax filing Excluding the Gain You may qualify to exclude from your income all or part of any gain from the sale of your main home. Back tax filing This means that, if you qualify, you will not have to pay tax on the gain up to the limit described under Maximum Exclusion , next. Back tax filing To qualify, you must meet the ownership and use tests described later. Back tax filing You can choose not to take the exclusion by including the gain from the sale in your gross income on your tax return for the year of the sale. Back tax filing You can use Worksheet 2 in Publication 523 to figure the amount of your exclusion and your taxable gain, if any. Back tax filing If you have any taxable gain from the sale of your home, you may have to increase your withholding or make estimated tax payments. Back tax filing See Publication 505, Tax Withholding and Estimated Tax. Back tax filing Maximum Exclusion You can exclude up to $250,000 of the gain (other than gain allocated to periods of nonqualified use) on the sale of your main home if all of the following are true. Back tax filing You meet the ownership test. Back tax filing You meet the use test. Back tax filing During the 2-year period ending on the date of the sale, you did not exclude gain from the sale of another home. Back tax filing For details on gain allocated to periods of nonqualified use, see Periods of nonqualified use , later. Back tax filing You may be able to exclude up to $500,000 of the gain (other than gain allocated to periods of nonqualified use) on the sale of your main home if you are married and file a joint return and meet the requirements listed in the discussion of the special rules for joint returns, later, under Married Persons . Back tax filing Ownership and Use Tests To claim the exclusion, you must meet the ownership and use tests. Back tax filing This means that during the 5-year period ending on the date of the sale, you must have: Owned the home for at least 2 years (the ownership test), and Lived in the home as your main home for at least 2 years (the use test). Back tax filing Exception. Back tax filing   If you owned and lived in the property as your main home for less than 2 years, you can still claim an exclusion in some cases. Back tax filing However, the maximum amount you may be able to exclude will be reduced. Back tax filing See Reduced Maximum Exclusion , later. Back tax filing Example 1—home owned and occupied for at least 2 years. Back tax filing Mya bought and moved into her main home in September 2011. Back tax filing She sold the home at a gain in October 2013. Back tax filing During the 5-year period ending on the date of sale in October 2013, she owned and lived in the home for more than 2 years. Back tax filing She meets the ownership and use tests. Back tax filing Example 2—ownership test met but use test not met. Back tax filing Ayden bought a home, lived in it for 6 months, moved out, and never occupied the home again. Back tax filing He later sold the home for a gain. Back tax filing He owned the home during the entire 5-year period ending on the date of sale. Back tax filing He meets the ownership test but not the use test. Back tax filing He cannot exclude any part of his gain on the sale unless he qualified for a reduced maximum exclusion (explained later). Back tax filing Period of Ownership and Use The required 2 years of ownership and use during the 5-year period ending on the date of the sale do not have to be continuous nor do they both have to occur at the same time. Back tax filing You meet the tests if you can show that you owned and lived in the property as your main home for either 24 full months or 730 days (365 × 2) during the 5-year period ending on the date of sale. Back tax filing Temporary absence. Back tax filing   Short temporary absences for vacations or other seasonal absences, even if you rent out the property during the absences, are counted as periods of use. Back tax filing The following examples assume that the reduced maximum exclusion (discussed later) does not apply to the sales. Back tax filing Example 1. Back tax filing David Johnson, who is single, bought and moved into his home on February 1, 2011. Back tax filing Each year during 2011 and 2012, David left his home for a 2-month summer vacation. Back tax filing David sold the house on March 1, 2013. Back tax filing Although the total time David used his home is less than 2 years (21 months), he meets the requirement and may exclude gain. Back tax filing The 2-month vacations are short temporary absences and are counted as periods of use in determining whether David used the home for the required 2 years. Back tax filing Example 2. Back tax filing Professor Paul Beard, who is single, bought and moved into a house on August 18, 2010. Back tax filing He lived in it as his main home continuously until January 5, 2012, when he went abroad for a 1-year sabbatical leave. Back tax filing On February 6, 2013, 1 month after returning from the leave, Paul sold the house at a gain. Back tax filing Because his leave was not a short temporary absence, he cannot include the period of leave to meet the 2-year use test. Back tax filing He cannot exclude any part of his gain, because he did not use the residence for the required 2 years. Back tax filing Ownership and use tests met at different times. Back tax filing   You can meet the ownership and use tests during different 2-year periods. Back tax filing However, you must meet both tests during the 5-year period ending on the date of the sale. Back tax filing Example. Back tax filing Beginning in 2002, Helen Jones lived in a rented apartment. Back tax filing The apartment building was later converted to condominiums, and she bought her same apartment on December 3, 2010. Back tax filing In 2011, Helen became ill and on April 14 of that year she moved to her daughter's home. Back tax filing On July 12, 2013, while still living in her daughter's home, she sold her condominium. Back tax filing Helen can exclude gain on the sale of her condominium because she met the ownership and use tests during the 5-year period from July 13, 2008, to July 12, 2013, the date she sold the condominium. Back tax filing She owned her condominium from December 3, 2010, to July 12, 2013 (more than 2 years). Back tax filing She lived in the property from July 13, 2008 (the beginning of the 5-year period), to April 14, 2011 (more than 2 years). Back tax filing The time Helen lived in her daughter's home during the 5-year period can be counted toward her period of ownership, and the time she lived in her rented apartment during the 5-year period can be counted toward her period of use. Back tax filing Cooperative apartment. Back tax filing   If you sold stock as a tenant-stockholder in a cooperative housing corporation, the ownership and use tests are met if, during the 5-year period ending on the date of sale, you: Owned the stock for at least 2 years, and Lived in the house or apartment that the stock entitles you to occupy as your main home for at least 2 years. Back tax filing Exceptions to Ownership and Use Tests The following sections contain exceptions to the ownership and use tests for certain taxpayers. Back tax filing Exception for individuals with a disability. Back tax filing   There is an exception to the use test if: You become physically or mentally unable to care for yourself, and You owned and lived in your home as your main home for a total of at least 1 year during the 5-year period before the sale of your home. Back tax filing Under this exception, you are considered to live in your home during any time within the 5-year period that you own the home and live in a facility (including a nursing home) licensed by a state or political subdivision to care for persons in your condition. Back tax filing If you meet this exception to the use test, you still have to meet the 2-out-of-5-year ownership test to claim the exclusion. Back tax filing Previous home destroyed or condemned. Back tax filing   For the ownership and use tests, you add the time you owned and lived in a previous home that was destroyed or condemned to the time you owned and lived in the replacement home on whose sale you wish to exclude gain. Back tax filing This rule applies if any part of the basis of the home you sold depended on the basis of the destroyed or condemned home. Back tax filing Otherwise, you must have owned and lived in the same home for 2 of the 5 years before the sale to qualify for the exclusion. Back tax filing Members of the uniformed services or Foreign Service, employees of the intelligence community, or employees or volunteers of the Peace Corps. Back tax filing   You can choose to have the 5-year test period for ownership and use suspended during any period you or your spouse serve on “qualified official extended duty” as a member of the uniformed services or Foreign Service of the United States, or as an employee of the intelligence community. Back tax filing You can choose to have the 5-year test period for ownership and use suspended during any period you or your spouse serve outside the United States either as an employee of the Peace Corps on "qualified official extended duty" or as an enrolled volunteer or volunteer leader of the Peace Corps. Back tax filing This means that you may be able to meet the 2-year use test even if, because of your service, you did not actually live in your home for at least the required 2 years during the 5-year period ending on the date of sale. Back tax filing   If this helps you qualify to exclude gain, you can choose to have the 5-year test period suspended by filing a return for the year of sale that does not include the gain. Back tax filing For more information about the suspension of the 5-year test period, see Members of the uniformed services or Foreign Service, employees of the intelligence community, or employees or volunteers of the Peace Corps in Publication 523. Back tax filing Married Persons If you and your spouse file a joint return for the year of sale and one spouse meets the ownership and use tests, you can exclude up to $250,000 of the gain. Back tax filing (But see Special rules for joint returns , next. Back tax filing ) Special rules for joint returns. Back tax filing   You can exclude up to $500,000 of the gain on the sale of your main home if all of the following are true. Back tax filing You are married and file a joint return for the year. Back tax filing Either you or your spouse meets the ownership test. Back tax filing Both you and your spouse meet the use test. Back tax filing During the 2-year period ending on the date of the sale, neither you nor your spouse excluded gain from the sale of another home. Back tax filing If either spouse does not satisfy all these requirements, the maximum exclusion that can be claimed by the couple is the total of the maximum exclusions that each spouse would qualify for if not married and the amounts were figured separately. Back tax filing For this purpose, each spouse is treated as owning the property during the period that either spouse owned the property. Back tax filing Example 1—one spouse sells a home. Back tax filing Emily sells her home in June 2013 for a gain of $300,000. Back tax filing She marries Jamie later in the year. Back tax filing She meets the ownership and use tests, but Jamie does not. Back tax filing Emily can exclude up to $250,000 of gain on a separate or joint return for 2013. Back tax filing The $500,000 maximum exclusion for certain joint returns does not apply because Jamie does not meet the use test. Back tax filing Example 2—each spouse sells a home. Back tax filing The facts are the same as in Example 1 except that Jamie also sells a home in 2013 for a gain of $200,000 before he marries Emily. Back tax filing He meets the ownership and use tests on his home, but Emily does not. Back tax filing Emily can exclude $250,000 of gain and Jamie can exclude $200,000 of gain on the respective sales of their individual homes. Back tax filing However, Emily cannot use Jamie's unused exclusion to exclude more than $250,000 of gain. Back tax filing Therefore, Emily and Jamie must recognize $50,000 of gain on the sale of Emily's home. Back tax filing The $500,000 maximum exclusion for certain joint returns does not apply because Emily and Jamie do not both meet the use test for the same home. Back tax filing Sale of main home by surviving spouse. Back tax filing   If your spouse died and you did not remarry before the date of sale, you are considered to have owned and lived in the property as your main home during any period of time when your spouse owned and lived in it as a main home. Back tax filing   If you meet all of the following requirements, you may qualify to exclude up to $500,000 of any gain from the sale or exchange of your main home. Back tax filing The sale or exchange took place after 2008. Back tax filing The sale or exchange took place no more than 2 years after the date of death of your spouse. Back tax filing You have not remarried. Back tax filing You and your spouse met the use test at the time of your spouse's death. Back tax filing You or your spouse met the ownership test at the time of your spouse's death. Back tax filing Neither you nor your spouse excluded gain from the sale of another home during the last 2 years. Back tax filing Example. Back tax filing   Harry owned and used a house as his main home since 2009. Back tax filing Harry and Wilma married on July 1, 2013, and from that date they use Harry's house as their main home. Back tax filing Harry died on August 15, 2013, and Wilma inherited the property. Back tax filing Wilma sold the property on September 3, 2013, at which time she had not remarried. Back tax filing Although Wilma owned and used the house for less than 2 years, Wilma is considered to have satisfied the ownership and use tests because her period of ownership and use includes the period that Harry owned and used the property before death. Back tax filing Home transferred from spouse. Back tax filing   If your home was transferred to you by your spouse (or former spouse if the transfer was incident to divorce), you are considered to have owned it during any period of time when your spouse owned it. Back tax filing Use of home after divorce. Back tax filing   You are considered to have used property as your main home during any period when: You owned it, and Your spouse or former spouse is allowed to live in it under a divorce or separation instrument and uses it as his or her main home. Back tax filing Reduced Maximum Exclusion If you fail to meet the requirements to qualify for the $250,000 or $500,000 exclusion, you may still qualify for a reduced exclusion. Back tax filing This applies to those who: Fail to meet the ownership and use tests, or Have used the exclusion within 2 years of selling their current home. Back tax filing In both cases, to qualify for a reduced exclusion, the sale of your main home must be due to one of the following reasons. Back tax filing A change in place of employment. Back tax filing Health. Back tax filing Unforeseen circumstances. Back tax filing Unforeseen circumstances. Back tax filing   The sale of your main home is because of an unforeseen circumstance if your primary reason for the sale is the occurrence of an event that you could not reasonably have anticipated before buying and occupying your main home. Back tax filing   See Publication 523 for more information and to use Worksheet 3 to figure your reduced maximum exclusion. Back tax filing Business Use or Rental of Home You may be able to exclude gain from the sale of a home you have used for business or to produce rental income. Back tax filing But you must meet the ownership and use tests. Back tax filing Periods of nonqualified use. Back tax filing   In most cases, gain from the sale or exchange of your main home will not qualify for the exclusion to the extent that the gains are allocated to periods of nonqualified use. Back tax filing Nonqualified use is any period after 2008 during which neither you nor your spouse (or your former spouse) used the property as a main home with the following exceptions. Back tax filing Exceptions. Back tax filing   A period of nonqualified use does not include: Any portion of the 5-year period ending on the date of the sale or exchange after the last date you (or your spouse) use the property as a main home; Any period (not to exceed an aggregate period of 10 years) during which you (or your spouse) are serving on qualified official extended duty: As a member of the uniformed services; As a member of the Foreign Service of the United States; or As an employee of the intelligence community; and Any other period of temporary absence (not to exceed an aggregate period of 2 years) due to change of employment, health conditions, or such other unforeseen circumstances as may be specified by the IRS. Back tax filing The gain resulting from the sale of the property is allocated between qualified and nonqualified use periods based on the amount of time the property was held for qualified and nonqualified use. Back tax filing Gain from the sale or exchange of a main home allocable to periods of qualified use will continue to qualify for the exclusion for the sale of your main home. Back tax filing Gain from the sale or exchange of property allocable to nonqualified use will not qualify for the exclusion. Back tax filing Calculation. Back tax filing   To figure the portion of the gain allocated to the period of nonqualified use, multiply the gain by the following fraction:   Total nonqualified use during the period of ownership after 2008      Total period of ownership     This calculation can be found in Worksheet 2, line 10, in Publication 523. Back tax filing Example 1. Back tax filing On May 23, 2007, Amy, who is unmarried for all years in this example, bought a house. Back tax filing She moved in on that date and lived in it until May 31, 2009, when she moved out of the house and put it up for rent. Back tax filing The house was rented from June 1, 2009, to March 31, 2011. Back tax filing Amy claimed depreciation deductions in 2009 through 2011 totaling $10,000. Back tax filing Amy moved back into the house on April 1, 2011, and lived there until she sold it on January 31, 2013, for a gain of $200,000. Back tax filing During the 5-year period ending on the date of the sale (January 31, 2008-January 31, 2013), Amy owned and lived in the house for more than 2 years as shown in the following table. Back tax filing Five Year Period Used as  Home Used as  Rental 1/31/08 – 5/31/09 16 months       6/1/09 – 3/31/11   22 months 4/1/11 – 1/31/13 22 months         38 months 22 months During the period Amy owned the house (2,080 days), her period of nonqualified use was 668 days. Back tax filing Amy divides 668 by 2,080 and obtains a decimal (rounded to at least three decimal places) of 0. Back tax filing 321. Back tax filing To figure her gain attributable to the period of nonqualified use, she multiplies $190,000 (the gain not attributable to the $10,000 depreciation deduction) by 0. Back tax filing 321. Back tax filing Because the gain attributable to periods of nonqualified use is $60,990, Amy can exclude $129,010 of her gain. Back tax filing Example 2. Back tax filing William owned and used a house as his main home from 2007 through 2010. Back tax filing On January 1, 2011, he moved to another state. Back tax filing He rented his house from that date until April 30, 2013, when he sold it. Back tax filing During the 5-year period ending on the date of sale (May 1, 2008-April 30, 2013), William owned and lived in the house for more than 2 years. Back tax filing He must report the sale on Form 4797 because it was rental property at the time of sale. Back tax filing Because the period of nonqualified use does not include any part of the 5-year period after the last date William lived in the house, he has no period of nonqualified use. Back tax filing Because he met the ownership and use tests, he can exclude gain up to $250,000. Back tax filing However, he cannot exclude the part of the gain equal to the depreciation he claimed or could have claimed for renting the house, as explained next. Back tax filing Depreciation after May 6, 1997. Back tax filing   If you were entitled to take depreciation deductions because you used your home for business purposes or as rental property, you cannot exclude the part of your gain equal to any depreciation allowed or allowable as a deduction for periods after May 6, 1997. Back tax filing If you can show by adequate records or other evidence that the depreciation allowed was less than the amount allowable, then you may limit the amount of gain recognized to the depreciation allowed. Back tax filing See Publication 544 for more information. Back tax filing Property used partly for business or rental. Back tax filing   If you used property partly as a home and partly for business or to produce rental income, see Publication 523. Back tax filing Reporting the Sale Do not report the 2013 sale of your main home on your tax return unless: You have a gain and do not qualify to exclude all of it, You have a gain and choose not to exclude it, or You received Form 1099-S. Back tax filing If any of these conditions apply, report the entire gain or loss. Back tax filing For details on how to report the gain or loss, see the Instructions for Schedule D (Form 1040) and the Instructions for Form 8949. Back tax filing If you used the home for business or to produce rental income, you may have to use Form 4797 to report the sale of the business or rental part (or the sale of the entire property if used entirely for business or rental). Back tax filing See Business Use or Rental of Home in Publication 523 and the Instructions for Form 4797. Back tax filing Installment sale. Back tax filing    Some sales are made under arrangements that provide for part or all of the selling price to be paid in a later year. Back tax filing These sales are called “installment sales. Back tax filing ” If you finance the buyer's purchase of your home yourself instead of having the buyer get a loan or mortgage from a bank, you probably have an installment sale. Back tax filing You may be able to report the part of the gain you cannot exclude on the installment basis. Back tax filing    Use Form 6252, Installment Sale Income, to report the sale. Back tax filing Enter your exclusion on line 15 of Form 6252. Back tax filing Seller-financed mortgage. Back tax filing   If you sell your home and hold a note, mortgage, or other financial agreement, the payments you receive in most cases consist of both interest and principal. Back tax filing You must separately report as interest income the interest you receive as part of each payment. Back tax filing If the buyer of your home uses the property as a main or second home, you must also report the name, address, and social security number (SSN) of the buyer on line 1 of Schedule B (Form 1040A or 1040). Back tax filing The buyer must give you his or her SSN, and you must give the buyer your SSN. Back tax filing Failure to meet these requirements may result in a $50 penalty for each failure. Back tax filing If either you or the buyer does not have and is not eligible to get an SSN, see Social Security Number in chapter 1. Back tax filing More information. Back tax filing   For more information on installment sales, see Publication 537, Installment Sales. Back tax filing Special Situations The situations that follow may affect your exclusion. Back tax filing Sale of home acquired in a like-kind exchange. Back tax filing   You cannot claim the exclusion if: You acquired your home in a like-kind exchange (also known as a section 1031 exchange), or your basis in your home is determined by reference to the basis of the home in the hands of the person who acquired the property in a like-kind exchange (for example, you received the home from that person as a gift), and You sold the home during the 5-year period beginning with the date your home was acquired in the like-kind exchange. Back tax filing Gain from a like-kind exchange is not taxable at the time of the exchange. Back tax filing This means that gain will not be taxed until you sell or otherwise dispose of the property you receive. Back tax filing To defer gain from a like-kind exchange, you must have exchanged business or investment property for business or investment property of a like kind. Back tax filing For more information about like-kind exchanges, see Publication 544, Sales and Other Dispositions of Assets. Back tax filing Home relinquished in a like-kind exchange. Back tax filing   If you use your main home partly for business or rental purposes and then exchange the home for another property, see Publication 523. Back tax filing Expatriates. Back tax filing   You cannot claim the exclusion if the expatriation tax applies to you. Back tax filing The expatriation tax applies to certain U. Back tax filing S. Back tax filing citizens who have renounced their citizenship (and to certain long-term residents who have ended their residency). Back tax filing For more information about the expatriation tax, see Expatriation Tax in chapter 4 of Publication 519, U. Back tax filing S. Back tax filing Tax Guide for Aliens. Back tax filing Home destroyed or condemned. Back tax filing   If your home was destroyed or condemned, any gain (for example, because of insurance proceeds you received) qualifies for the exclusion. Back tax filing   Any part of the gain that cannot be excluded (because it is more than the maximum exclusion) can be postponed under the rules explained in: Publication 547, in the case of a home that was destroyed, or Publication 544, chapter 1, in the case of a home that was condemned. Back tax filing Sale of remainder interest. Back tax filing   Subject to the other rules in this chapter, you can choose to exclude gain from the sale of a remainder interest in your home. Back tax filing If you make this choice, you cannot choose to exclude gain from your sale of any other interest in the home that you sell separately. Back tax filing Exception for sales to related persons. Back tax filing   You cannot exclude gain from the sale of a remainder interest in your home to a related person. Back tax filing Related persons include your brothers, sisters, half-brothers, half-sisters, spouse, ancestors (parents, grandparents, etc. Back tax filing ), and lineal descendants (children, grandchildren, etc. Back tax filing ). Back tax filing Related persons also include certain corporations, partnerships, trusts, and exempt organizations. Back tax filing Recapturing (Paying Back) a Federal Mortgage Subsidy If you financed your home under a federally subsidized program (loans from tax-exempt qualified mortgage bonds or loans with mortgage credit certificates), you may have to recapture all or part of the benefit you received from that program when you sell or otherwise dispose of your home. Back tax filing You recapture the benefit by increasing your federal income tax for the year of the sale. Back tax filing You may have to pay this recapture tax even if you can exclude your gain from income under the rules discussed earlier; that exclusion does not affect the recapture tax. Back tax filing Loans subject to recapture rules. Back tax filing   The recapture applies to loans that: Came from the proceeds of qualified mortgage bonds, or Were based on mortgage credit certificates. Back tax filing The recapture also applies to assumptions of these loans. Back tax filing When recapture applies. Back tax filing   Recapture of the federal mortgage subsidy applies only if you meet both of the following conditions. Back tax filing You sell or otherwise dispose of your home at a gain within the first 9 years after the date you close your mortgage loan. Back tax filing Your income for the year of disposition is more than that year's adjusted qualifying income for your family size for that year (related to the income requirements a person must meet to qualify for the federally subsidized program). Back tax filing When recapture does not apply. Back tax filing   Recapture does not apply in any of the following situations. Back tax filing Your mortgage loan was a qualified home improvement loan (QHIL) of not more than $15,000 used for alterations, repairs, and improvements that protect or improve the basic livability or energy efficiency of your home. Back tax filing Your mortgage loan was a QHIL of not more than $150,000 in the case of a QHIL used to repair damage from Hurricane Katrina to homes in the hurricane disaster area; a QHIL funded by a qualified mortgage bond that is a qualified Gulf Opportunity Zone Bond; or a QHIL for an owner-occupied home in the Gulf Opportunity Zone (GO Zone), Rita GO Zone, or Wilma GO Zone. Back tax filing For more information, see Publication 4492, Information for Taxpayers Affected by Hurricanes Katrina, Rita, and Wilma. Back tax filing Also see Publication 4492-B, Information for Affected Taxpayers in the Midwestern Disaster Areas. Back tax filing The home is disposed of as a result of your death. Back tax filing You dispose of the home more than 9 years after the date you closed your mortgage loan. Back tax filing You transfer the home to your spouse, or to your former spouse incident to a divorce, where no gain is included in your income. Back tax filing You dispose of the home at a loss. Back tax filing Your home is destroyed by a casualty, and you replace it on its original site within 2 years after the end of the tax year when the destruction happened. Back tax filing The replacement period is extended for main homes destroyed in a federally declared disaster area, a Midwestern disaster area, the Kansas disaster area, and the Hurricane Katrina disaster area. Back tax filing For more information, see Replacement Period in Publication 547. Back tax filing You refinance your mortgage loan (unless you later meet the conditions listed previously under When recapture applies ). Back tax filing Notice of amounts. Back tax filing   At or near the time of settlement of your mortgage loan, you should receive a notice that provides the federally subsidized amount and other information you will need to figure your recapture tax. Back tax filing How to figure and report the recapture. Back tax filing    The recapture tax is figured on Form 8828. Back tax filing If you sell your home and your mortgage is subject to recapture rules, you must file Form 8828 even if you do not owe a recapture tax. Back tax filing Attach Form 8828 to your Form 1040. Back tax filing For more information, see Form 8828 and its instructions. Back tax filing Prev  Up  Next   Home   More Online Publications
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U.S. Court of Appeals for Veterans Claims

Part of the judiciary, the Court of Appeals for Veterans Claims hears appeals of decisions made by the Board of Veterans Appeals. You must have a decision from the Board of Veterans Appeals to bring a case before this court.

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Website: U.S. Court of Appeals for Veterans Claims

E-mail: (E-filing information)

Address: 625 Indiana Avenue, NW
Suite 900

Washington, DC 20004-2950

Phone Number: (202) 501-5970(202) 418-3453 (E-filing information)

The Back Tax Filing

Back tax filing Publication 575 - Additional Material Table of Contents Worksheet A. Back tax filing Simplified Method 1. Back tax filing Enter the total pension or annuity payments received this year. Back tax filing Also, add this amount to the total for Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a 1. Back tax filing   2. Back tax filing Enter your cost in the plan (contract) at the annuity starting date plus any death benefit exclusion. Back tax filing * See Cost (Investment in the Contract) , earlier 2. Back tax filing   Note: If your annuity starting date was before this year and you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below (even if the amount of your pension or annuity has changed). Back tax filing Otherwise, go to line 3. Back tax filing   3. Back tax filing Enter the appropriate number from Table 1 below. Back tax filing But if your annuity starting date was after 1997 and the payments are for your life and that of your beneficiary, enter the appropriate number from Table 2 below. Back tax filing 3. Back tax filing   4. Back tax filing Divide line 2 by the number on line 3 4. Back tax filing   5. Back tax filing Multiply line 4 by the number of months for which this year's payments were made. Back tax filing If your annuity starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. Back tax filing Otherwise, go to line 6 5. Back tax filing   6. Back tax filing Enter any amounts previously recovered tax free in years after 1986. Back tax filing This is the amount shown on line 10 of your worksheet for last year 6. Back tax filing   7. Back tax filing Subtract line 6 from line 2 7. Back tax filing   8. Back tax filing Enter the smaller of line 5 or line 7 8. Back tax filing   9. Back tax filing Taxable amount for year. Back tax filing Subtract line 8 from line 1. Back tax filing Enter the result, but not less than zero. Back tax filing Also, add this amount to the total for Form 1040, line 16b; Form 1040A, line 12b; or Form 1040NR, line 17b. Back tax filing  Note: If your Form 1099-R shows a larger taxable amount, use the amount figured on this line instead. Back tax filing If you are a retired public safety officer, see Insurance Premiums for Retired Public Safety Officers , earlier, before entering an amount on your tax return 9. Back tax filing   10. Back tax filing Was your annuity starting date before 1987? □ Yes. Back tax filing STOP. Back tax filing Do not complete the rest of this worksheet. Back tax filing  □ No. Back tax filing Add lines 6 and 8. Back tax filing This is the amount you have recovered tax free through 2013. Back tax filing You will need this number if you need to fill out this worksheet next year 10. Back tax filing   11. Back tax filing Balance of cost to be recovered. Back tax filing Subtract line 10 from line 2. Back tax filing If zero, you will not have to complete this worksheet next year. Back tax filing The payments you receive next year will generally be fully taxable 11. Back tax filing   * A death benefit exclusion (up to $5,000) applied to certain benefits received by employees who died before August 21, 1996. Back tax filing Table 1 for Line 3 Above   IF the age at  annuity starting date was . Back tax filing . Back tax filing . Back tax filing         AND your annuity starting date was—     BEFORE November 19, 1996,  enter on line 3 . Back tax filing . Back tax filing . Back tax filing AFTER November 18, 1996,  enter on line 3 . Back tax filing . Back tax filing . Back tax filing   55 or under 300 360   56-60 260 310   61-65 240 260   66-70 170 210   71 or over 120 160 Table 2 for Line 3 Above   IF the combined ages at annuity starting date were . Back tax filing . Back tax filing . Back tax filing   THEN enter on line 3 . Back tax filing . Back tax filing . Back tax filing         110 or under   410         111-120   360         121-130   310         131-140   260         141 or over   210       Prev  Up  Next   Home   More Online Publications