Pub. 17, Chapter 16 - Selling Your Home
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.
Your employer will include it in box 1 of your Form W-2 and you
will include it in your gross income as wages on line 7 of Form 1040.
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. You will use sale documents and other records to
figure the total amount you received for your home.
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, except for any
part you can exclude, generally is taxable.
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.
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, you may have ordinary
income. If the abandoned home secures a debt for which you are personally liable
and the debt is canceled, you have ordinary income equal to the amount of the
canceled debt. 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.
These transfer rules do not apply if your spouse or former spouse
is a nonresident alien.
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.
When buying 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 you pay for buying the home. You cannot include in your basis
the fees and costs for getting a mortgage loan. A fee for buying the home is
any fee you would have had to pay 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:
- Any fee or cost that you deducted as a moving expense (allowed for
certain fees and costs before 1994), and
- VA funding fees.
Adjusted Basis
Adjusted basis is your basis increased or decreased
by certain amounts.
Increases to basis. These include any:
- Improvements that have a useful life of more than 1
year,
- Additions,
- Special assessments for local improvements, and
- Amounts you spent after a casualty to restore damaged
property.
Decreases to basis. These include any:
- Gain you postponed from the sale of a previous home before
May 7, 1997,
- Deductible casualty losses,
- Insurance payments you received or expect to receive for
casualty losses,
- Payments you received for granting an easement or
right-of-way,
- Depreciation allowed or allowable if you used your home for
business or rental purposes,
- 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,
- Adoption credit you claimed for improvements that you added
to the basis of your home,
- Nontaxable payments from an adoption assistance program of
your employer that you used for improvements you added to the basis of
your home,
- First-time homebuyers credit (allowed to certain first-time
buyers of a home in the District of Columbia), and
- 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 worksheets 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 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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