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.

Selling price. The selling price is the total amount you receive for your home. It includes money, all notes, mortgages, or other debts assumed by the buyer as part of the sale, and the fair market value of any other property or any services you receive.

Payment by employer. You may have to sell your home because of a job transfer. 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. Include it in your gross income as wages on line 7 of Form 1040. Your employer will include it with the rest of your wages in box 1 of your Form W-2.

Option to buy. 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. If the option is not exercised, you must report the amount as ordinary income in the year the option expires. Report this amount on line 21 of Form 1040.

Form 1099-S. If you received Form 1099-S, box 2 should show the total amount you received for your home.

However, box 2 will not include the fair market value of any property other than cash or notes, or any services, you received or will receive. Instead, box 4 will be checked.

If you can exclude the entire gain from a sale, the person responsible for closing the sale generally will not have to report it on Form 1099-S.

Amount realized. The amount realized is the selling price minus selling expenses.

Selling expenses. Selling expenses include:

• Commissions,
• Advertising fees,
• Legal fees, and
• Loan charges paid by the seller, such as loan placement fees or "points."

Amount of gain or loss. When you know the amount realized and the home's adjusted basis, you can figure your gain or loss. If the amount realized is more than the adjusted basis, the difference is a gain and you may be able to exclude it. If the amount realized is less than the adjusted basis, the difference is a loss.

To figure your home's adjusted basis, see Basis, later.

Jointly owned home. If you and your spouse sell your jointly owned home and file a joint return, you figure your gain or loss as one taxpayer.

Separate returns. If you file separate returns, each of you must figure and report your own gain or loss according to your ownership interest in the home. Your ownership interest is determined by state law.

Joint owners not married. If you and a joint owner other than your spouse sell your jointly owned home, each of you must figure and report your own gain or loss according to your ownership interest in the home. Each of you applies the rules discussed in this chapter on an individual basis.

Trading homes. If you trade your old home for another home, treat the trade as a sale and a purchase.

Example. You owned and lived in a home that had an adjusted basis of $41,000. A real estate dealer accepted your old home as a trade-in and allowed you $50,000 toward a new house priced at $80,000. You are considered to have sold your old home for $50,000 and to have had a gain of $9,000 ($50,000 - $41,000).

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).

Foreclosure or repossession. If your home was foreclosed on or repossessed, you have a sale. If the sale resulted in a taxable gain, report it on Schedule D (Form 1040).

Form 1099-A and Form 1099-C. Generally, you will receive Form 1099-A, Acquisition or Abandonment of Secured Property, from your lender. This form will have the information you need to determine the amount of your gain or loss and whether you have any ordinary income from cancellation of debt. If your debt is canceled, you may receive Form 1099-C, Cancellation of Debt.

Abandonment. If you abandon your home and it secures a debt that is canceled, you may have ordinary income. If the home is foreclosed on or repossessed, you may also have a gain or loss. See Foreclosure or repossession, above. Get Publication 523 for more information.

Transfer to spouse. If you transfer your home to your spouse, or to your former spouse incident to your divorce, you generally have no gain or loss. This is true even if you receive cash or other consideration for the home. Therefore, the rules in this chapter do not apply.

Exception. If your spouse or former spouse is a nonresident alien, the rules in this chapter do apply.

More information. If you need more information, see Transfer to spouse in Publication 523 and Property Settlements in Publication 504, Divorced or Separated Individuals.

Gain On Sale

You will generally exclude all or part of the gain on the sale of your main home under the rules in this chapter. If you sold your home before 1998 different rules could apply. For more information and the rules that could apply to you, get Publication 523.

Loss on Sale

You cannot deduct a loss on the sale of your home. It is a personal loss.

Basis

You will need to know your basis in your home as a starting point for determining any gain or loss when you sell it. Your basis in your home is determined by how you got the home. Your basis is its cost if you bought it or built it. If you got it in some other way, its basis is either its fair market value when you received it or the adjusted basis of the person you received it from.

While you owned your home, you may have made adjustments (increases or decreases) to the basis. This adjusted basis is used to figure gain or loss on the sale of your home.

You can find more information on basis and adjusted basis in chapter 14 of this publication and in Publication 523.

Settlement fees or closing costs. If you buy your home, you may have to pay settlement fees or closing costs in addition to the contract price of the property. You can include in your basis the settlement fees and closing costs that are for buying the home. You cannot include in your basis the fees and costs that are for getting a mortgage loan. A fee is for buying the home if you would have had to pay it even if you paid cash for the home.

Chapter 14 lists some of the settlement fees and closing costs that you can include in the basis of property, including your home. It also lists some settlement costs that cannot be included in basis.

In addition to the items listed in chapter 14, you cannot include in basis:

1. Any fee or cost that you deducted as a moving expense (allowed for certain fees and costs before 1994), and
2. VA funding fees.

Adjusted Basis

Adjusted basis is your basis increased or decreased by certain amounts.

Increases to basis. These include any:

1. Improvements that have a useful life of more than 1 year,
2. Additions,
3. Special assessments for local improvements, and
4. Amounts you spent after a casualty to restore damaged property.

Decreases to basis. These include any:

1. Gain you postponed from the sale of a previous home before May 7, 1997,
2. Insurance payments you received or expect to receive for casualty losses,
3. Deductible casualty losses not covered by insurance,
4. Payments you received for granting an easement or right-of-way,
5. Depreciation allowed or allowable if you used your home for business or rental purposes,
6. Residential energy credit (generally allowed from 1977 through 1987) claimed for the cost of energy improvements that you added to the basis of your home,
7. Adoption credit you claimed for improvements that you added to the basis of your home,
8. Nontaxable payments from an adoption assistance program of your employer that you used for improvements you added to the basis of your home,
9. First-time homebuyers credit (allowed to certain first-time buyers of a home in the District of Columbia) claimed for 1997 or 1998, and
10. 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. An energy conservation measure is an installation or modification that is primarily designed either to reduce consumption of electricity or natural gas or to improve the management of energy demand for a home.

Improvements. These add to the value of your home, prolong its useful life, or adapt it to new uses. You add the cost of improvements to the basis of your property.

Examples. Putting a recreation room in your unfinished basement, adding another bathroom or bedroom, putting up a new fence, putting in new plumbing or wiring, putting on a new roof, or paving your unpaved driveway are improvements.

Repairs. These maintain your home in good condition but do not add to its value or prolong its life. You do not add their cost to the basis of your property.

Examples. Repainting your house inside or outside, fixing your gutters or floors, repairing leaks or plastering, and replacing broken window panes are examples of repairs.

Recordkeeping. You should keep records to prove your home's adjusted basis. 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. But if the basis of your old home affects the basis of your new one, such as when you sold your old home before May 7, 1997, and postponed tax on any gain, you should keep those records as long as they are needed for tax purposes.

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 Form 2119 that 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.

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