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  #4  
Old 04-23-2004, 04:37 AM
Phil Marti
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Default Re: Sales of Main Home - Gain Exclusion

- quote -

> But what happens if
> there are three or more owners? Is the maximum for the
> HOUSE $500,000, apportioned among the owners? Or could each
> owner claim $250,000 even if the total exceeds $500,000?


As I read 121 it's $250,000 per taxpayer ($500,000 on a
joint return). There's nothing about a per-property limit.

Phil Marti
Topeka, KS

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  #3  
Old 04-22-2004, 07:13 AM
sftydvr
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Default Re: Sales of Main Home - Gain Exclusion

ddl[at]danlan.*com (Dan Lanciani) wrote:

- quote -

> How does the gain exclusion work when you have multiple (not
> husband and wife) owners on the title? Do they all have to
> meet the 2/5 year rule or does each pro-rate based on their
> share of ownership or what?


Here is how I believe it would work. Assume that there were
multiple owners who all lived there as their primary
residence for at least two out of the last five years. Say
they each had some percentage of ownership. They would each
subtract their own cost basis from the net sales price,
based upon each ones percentage ownership. From their gain
they each would exempt $250K from the taxable gain. That
assumes that it's been at least two years since the last
time they did this on an individual basis.

BC

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  #2  
Old 04-22-2004, 06:54 AM
Bob Oaks
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Default Re: Sales of Main Home - Gain Exclusion

"Dan Lanciani" <ddl[at]danlan.*com> wrote:

- quote -

> How does the gain exclusion work when you have multiple (not
> husband and wife) owners on the title? Do they all have to
> meet the 2/5 year rule or does each pro-rate based on their
> share of ownership or what?


That's an interesting question. I know that if there are
two non-married owners, each can claim up to $250,000 (if
he/she meets the 2/5 rule). If the percentage of ownership
is 75%-25%, for example, I would think each owner would
determine his/her share of gain and exclude up to $250,000.
This scenario could easily mean that the total allowed
exclusion would be less than $500,000. But what happens if
there are three or more owners? Is the maximum for the
HOUSE $500,000, apportioned among the owners? Or could each
owner claim $250,000 even if the total exceeds $500,000?

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  #1  
Old 04-22-2004, 06:35 AM
Phil Marti
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Posts: n/a
Default Re: Sales of Main Home - Gain Exclusion

- quote -

> How does the gain exclusion work when you have multiple (not
> husband and wife) owners on the title? Do they all have to
> meet the 2/5 year rule or does each pro-rate based on their
> share of ownership or what?


For full exclusion each owner must meet both tests. There
are some special rules for married couples.

See IRS Publication 523.

Phil Marti
Topeka, KS

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Old 04-22-2004, 06:15 AM
Arthur L. Rubin
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Default Re: Sales of Main Home - Gain Exclusion

Dan Lanciani wrote:

- quote -

> How does the gain exclusion work when you have multiple (not
> husband and wife) owners on the title? Do they all have to
> meet the 2/5 year rule or does each pro-rate based on their
> share of ownership or what?


They each, independently, calculate whether they meet the
2/5 test for ownership and residence as main home for their
share.

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  #-1  
Old 04-21-2004, 05:45 AM
Dan Lanciani
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Posts: n/a
Default Re: Sales of Main Home - Gain Exclusion

How does the gain exclusion work when you have multiple (not
husband and wife) owners on the title? Do they all have to
meet the 2/5 year rule or does each pro-rate based on their
share of ownership or what?

Dan Lanciani
ddl[at]danlan.*com

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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exclusion, gain, home, main, sales
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