The “work related move” situation will allow you to pro-rate the 2 years.
If your “thousands of miles away” post is in a non-accompnied tour zone you could comply with your PCS orders and leave your spouse to make her move at the right time for the 2 years’ exemption.
I live in VA and have only been in my house for less than 2 years. I know IRC 121 says that my wife and I can avoid capital gains if we live in our residence 2 out of the last 5 years. Will we still have to pay capital gains if we sell and rollover the entire net amount to a new property?
There are instances where the capital gains can be prorated, but rolling over into a new principal residence is not one of them. It would seem wise to try to find a way to have the home be your principal residence for the two years.
Re: Internal Revenue Code 121 - Posted by Jack Roper
Posted by Jack Roper on July 24, 2004 at 22:16:44:
I bought my condo in CA one year ago for $240,000 and sold it exactly one year later for $310,000. What capital gains tax am I required to pay, assuming I am in the 28% tax bracket? If I buy another residence within 2 years for $310,000 or more, do I avoid any capital gain tax on this sale? Please advise.
I know that there are special situations that qualify for tax expemption IR code 121 even if sold before 2 yrs. Move due to work related is one. Well, I am in the military and I am being deployed thousands of miles away. Do I qualify? What do I need when I file my taxes to be exempt?
Did you use the condo as your personal residence the entire time? What were the exact dates of purchase and sale? It does not matter if you purchase a new residence within two years.