You may qualify to exclude from your income all or part of any gain from the sale of your main home. This means that, if you qualify, you will not have to pay tax on the gain up to the limit described under Amount of Exclusion, next. To qualify, you must meet the ownership and use tests described later.

You can choose not to take the exclusion. In that case, you will have to pay tax on your entire gain, unless you choose to use the rules in chapter 3 of Publication 523.

Amount of Exclusion

You can exclude the entire gain on the sale of your main home up to:

1. $250,000, or
2. $500,000 if all of the following are true.
   1. You are married and file a joint return for the year.
   2. Either you or your spouse meets the ownership test.
   3. Both you and your spouse meet the use test.
   4. Neither you nor your spouse excluded gain from the sale of another home after May 6, 1997.

Reduced Exclusion

The maximum amount of gain you can exclude will be reduced if:

1. You owned a home on August 5, 1997, sold it before August 5, 1999, and did not meet the ownership and use tests, or
2. Due to a change in health or place of employment, you either:
   1. Did not meet the ownership and use tests, or
   2. Excluded gain on the sale of another home after May 6, 1997.

See Publication 523 for a worksheet to figure your reduced exclusion.

More Than One Home Sold During 2-Year Period/p>

You cannot exclude gain on the sale of your home if, during the 2-year period ending on the date of the sale, you sold another home at a gain and excluded all or part of that gain. If you cannot exclude the gain, you must include it in your income.

However, you can claim a reduced exclusion if you sold the home due to a change in health or place of employment. See Reduced Exclusion, earlier.

Sales before May 7, 1997. When counting the number of sales during a 2-year period, do not count sales before May 7, 1997.

Ownership and Use Tests

You can claim the exclusion if, during the 5-year period ending on the date of the sale, you have:

1. Owned the home for at least 2 years (the ownership test), and
2. Lived in the home as your main home for at least 2 years (the use test).

Exception. If you owned and lived in the property as your main home for less than 2 years, you may be able to claim a reduced exclusion. See Reduced Exclusion, earlier.

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. 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. 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. See Ownership and use tests met at different times, later.

Example 1 - met use test but not ownership test. From 1990 through August 1997 Amanda lived with her parents in a house that her parents owned. On September 2, 1997, she bought this house from her parents. She continued to live there until December 15, 1998, when she sold it at a gain. Although Amanda lived in the property as her main home for more than 2 years, she did not own it for the required 2 years. She cannot exclude any part of her gain on the sale, unless she sold the property due to a change in health or place of employment, as explained under Reduced Exclusion, earlier.

Example 2 - period of absence. Professor Paul Beard bought and moved into a house on January 4, 1996. He lived in it as his main home continuously until October 1, 1997, when he went abroad for a 1-year sabbatical leave. During part of the period of leave, the house was unoccupied, and during the rest of the period, he rented it out. On October 1, 1998, he sold the house. Because his leave was not a short temporary absence, he cannot include the period of leave to meet the 2-year use test. However, even though he did not live in the house for the required 2-year period, he does qualify for a reduced exclusion because he owned the home on August 5, 1997, and sold it before August 5, 1999. See Reduced Exclusion, earlier.

Ownership and use tests met at different times. You can meet the ownership and use tests during different 2-year periods. However, you must meet both tests during the 5-year period ending on the date of the sale.

Example. In 1990, Helen Jones lived in a rented apartment. The apartment building was later changed to a condominium and she bought her apartment on December 1, 1995. In 1996, Helen became ill and on April 14 of that year she moved to her daughter's home. On July 10, 1998, while still living in her daughter's home, she sold her apartment.

Helen can exclude gain on the sale of her apartment because she met the ownership and use tests. Her 5-year period is from July 11, 1993, to July 10, 1998, the date she sold the apartment. She owned her apartment from December 1, 1995, to July 10, 1998 (over 2 years). She lived in the apartment from July 11, 1993 (the beginning of the 5-year period), to April 14, 1996 (over 2 years).

Cooperative apartment. If you sold stock in a cooperative housing corporation, the ownership and use tests are that, during the 5-year period ending on the date of sale, you must have:

1. Owned the stock for at least 2 years, and
2. Lived in the house or apartment that the stock entitles you to occupy as your main home for at least 2 years.

Exception for individuals with a disability. There is an exception to the 2-out- of-5-year use test if you become physically or mentally unable to care for yourself at any time during the 5-year period.

You qualify for this exception to the use test if, during the 5-year period before the sale of your home:

1. You become physically or mentally unable to care for yourself, and
2. You owned and lived in your home as your main home for a total of at least 1 year.

Under this exception, you are considered to live in your home during any time that you own the home and live in a facility (including a nursing home) that is licensed by a state or political subdivision to care for persons in your condition.

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.

Gain postponed on sale of previous home. For the ownership and use tests, you may be able to add the time you owned and lived in a previous home to the time you lived in the home on which you wish to exclude gain. You can do this if you postponed all or part of the gain on the sale of the previous home because of buying the home on which you wish to exclude gain.

In addition, if buying the previous home enabled you to postpone all or part of the gain on the sale of a home you owned earlier, you can also include the time you owned and lived in that earlier home.

Previous home destroyed or condemned. 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 home on which you wish to exclude gain. This rule applies if any part of the basis of the home you sold depended on the basis of the destroyed or condemned home. 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.

Married Persons

If you and your spouse file a joint return for the year of sale, you can exclude gain if either spouse meets the ownership and use tests. (But see Amount of Exclusion, earlier.)

Example 1 - one spouse meets use test. Emily sells her home in June 1998. She marries Jamie later in the year. She meets the ownership and use tests, but Jamie does not. She can exclude up to $250,000 of gain on a separate or joint return for 1998.

Example 2 - each spouse sells a home. The facts are the same as in Example 1 except that Jamie also sells a home. He meets the ownership and use tests on his home. Emily and Jamie can each exclude up to $250,000 of gain.

Death of spouse before sale. If your spouse died 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.

Home transferred from spouse. 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.

Use of home after divorce. You are considered to have used property as your main home during any period when:

1. You owned it, and
2. Your spouse or former spouse is allowed to live in it under a divorce or separation instrument.

Business Use or Rental of Home

You may be able to exclude your gain from the sale of a home that you have used for business or to produce rental income. But you must meet the ownership and use tests.

Example 1 - use test met. On May 30, 1992, Amy bought a house. She moved in on that date and lived in it until May 31, 1994, when she moved out of the house and put it up for rent. The house was rented from July 1, 1994, to March 31, 1996. Amy moved back into the house on April 1, 1996, and lived there until she sold it on January 31, 1998. During the 5-year period ending on the date of the sale (February 1, 1993 - January 31, 1998), Amy owned and lived in the house for more than 2 years as shown in the table below.

Five Year  Period	Used as   Home	Used as   Rental
2/1/93 - 5/31/94	16 months
6/1/94 - 3/31/96		22 months
4/1/96 - 1/31/98	22 months
	38 months	22 months

Amy can exclude gain up to $250,000.

Example 2 - use test not met. Carol bought a house in 1989. She lived in it until January 31, 1996, when she moved out and put it up for rent. The house was rented from March 1, 1996, until May 31, 1999. Carol moves back into the house on June 1, 1999, and lives there until she sells it on September 30, 1999. During the 5-year period ending on the date of the sale (October 1, 1994 - September 30, 1999), Carol lives in the house for less than 2 years as shown in the following table.

Five Year  Period	Used as  Home	Used as  Rental
10/1/94 - 1/31/96	16 months
2/1/96 - 5/31/99		40 months
6/1/99 - 9/30/99	4 months
	20 months	40 months

Carol cannot exclude any of the gain on the sale, unless she sold the house due to a change in health or place of employment, as explained under Reduced Exclusion, earlier.

Example 3 - partial business use before the year of sale. In 1993 Harry bought a house. He used 3/4 of the house as his main home and 1/4 for business purposes. On October 31, 1998, Harry retired and started using all of the house as his main home. On November 1, 1999, he sold the house at a gain.

During the 5-year period ending on the date of sale, Harry met the 2-year use test for only 3/4 of the house. Only gain from that part of the house qualifies for the exclusion, unless he sold the house due to a change in health (or place of employment), as explained under Reduced Exclusion, earlier.

Property used partly as your home and partly for business or rental. You may use part of your property as your home and part of it for business or to produce income. Examples are:

• A working farm on which your house is located,
• An apartment building in which you live in one unit and rent out the others, or
• A store building with an upstairs apartment in which you live.

If you sell the entire property you should consider the transaction as the sale of two properties. You exclude gain only on the part used as your home. This includes the land and outbuildings, such as a garage for the home, but not those used for the business or the production of income. For more information, see Property used partly as your home and partly for business or rental, under Business Use or Rental of Home, in chapter 2 of Publication 523.

Special Situations

This section explains certain situations that may affect your exclusion.

Business use of your home. You cannot exclude the part of your gain that is equal to any depreciation allowed or allowable for the business use of your home after May 6, 1997.

For more information, see Publication 523.

Expatriates. You cannot claim the exclusion if section 877(a)(1) of the Internal Revenue Code applies to you. That section applies to U.S. citizens who have renounced their citizenship (and long-term residents who have ended their residency) if one of their principal purposes was to avoid U.S. taxes.

In addition, you cannot make the choice described under Who may need to read chapter 3 of Publication 523, in the introduction to this chapter, even if statements (1) or (2) in that discussion are true.

Home destroyed or condemned. If your home is destroyed or condemned in 1998, any gain (for example, because of insurance proceeds you received) qualifies for the exclusion.

Any part of the gain that cannot be excluded (because it is more than the limit) may be postponed under the rules explained in:

• Publication 547, Casualties, Disasters, and Thefts (Business and Nonbusiness), in the case of a home that was destroyed, or
• Chapter 1 of Publication 544, Sales and Other Dispositions of Assets, in the case of a home that was condemned.

Sale of remainder interest. Subject to the other rules in this chapter, you can choose to exclude gain from the sale of a remainder interest in your home. 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.

Exception for sales to related persons. You cannot exclude gain from the sale of a remainder interest in your home to a related person. Related persons include your brothers and sisters, half-brothers and half-sisters, spouse, ancestors (parents, grandparents, etc.), and lineal descendants (children, grandchildren, etc.). Related persons also include certain corporations, partnerships, trusts, and exempt organizations, as explained under Related Party Transactions in chapter 15.

Reporting the Gain

Do not report the 1998 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 made the choice described earlier, under Who may need to read chapter 3 in Publication 523, and have a taxable gain.

If you have any taxable gain on the sale of your main home, you will have to file a Schedule D (Form 1040), Capital Gains and Losses, with your return. Report it on line 1 or line 8 of Schedule D, depending on how long you owned the home. If you qualify for an exclusion, show it on the line directly below the line on which you report the gain. Write "Section 121 exclusion" in column (a) of that line and show the amount of the exclusion in column (f) as a loss (in parentheses).

If you made the choice to use the rules for sales before May 7, 1997, and you sold your home in 1998, see chapter 3 of Publication 523.

Maximum tax rate on capital gains. Your net capital gain is taxed at a maximum tax rate of 10%, 20%, 25%, or 28%, depending on your situation. See Chapter 17.

Installment sale. Some sales are made under arrangements that provide for part or all of the selling price to be paid in a later year. These sales are called installment sales. 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 may have an installment sale. If the sale qualifies, you can report the part of the gain you cannot exclude on the installment basis.

Seller-financed mortgage. If you sell your home and hold a note, mortgage, or other financial agreement, the payments you receive generally consist of both interest and principal. You must report the interest you receive as part of each payment separately as interest income. 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 either Schedule B (Form 1040) or Schedule 1 (Form 1040A). The buyer must give you his or her SSN and you must give the buyer your SSN. Failure to meet these requirements may result in a $50 penalty for each failure. If you or the buyer does not have and is not eligible to get an SSN, see the next discussion.

Individual taxpayer identification number (ITIN). If either you or the buyer of your home is a nonresident or resident alien who does not have and is not eligible to get an SSN, the IRS will issue you (or the buyer) an ITIN. To apply for an ITIN, file Form W-7 with the IRS. It usually takes about 30 days to get an ITIN.

If you have to include the buyer's SSN on your return and the buyer does not have and cannot get an SSN, enter the buyer's ITIN. If you have to give an SSN to the buyer and you do not have and cannot get one, give the buyer your ITIN.

An ITIN is for tax use only. It does not entitle the holder to social security benefits or change the holder's employment or immigration status under U.S. law.

More information. For more information on installment sales, see Publication 537, Installment Sales.

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