Tax Guru-Ker$tetter Letter
Friday, February 21, 2003
Tax Free Residence Sales
Even the "experts" get confused on the rules. Gail Buckner had this erroneous explanation on how the pro-rated exclusion works when a home is sold after less than 24 months.
Here is my e-mail to her:
Ms. Buckner:
Your explanation in today's FoxNews.com column on the reduced primary residence exclusion was wrong. The excludable gain itself isn't pro-rated. The maximum exclusion is prorated.
For example, someone who owned & lived in the home for 12 months and was selling for valid unforeseen circumstances would be entitled to half of the maximum excludable gain, which would be $125,000 for a single person or $250,000 for a married couple. If their gain is less than those amounts, their entire gain would be tax free; not just a portion of it as in your example.
I have much more on this rule on my website at:
http://www.taxguru.org/re/primary.htm
It may seem like being overly picky, but it does make a difference.