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What are the rules for capital gains on primary residence sales?

April 15, 2005

Subject:  Tax on buying new home and then selling my home within 2 years!
Date:  Tue, 22 Mar 2005
From:  Ngau

Dear Mr. Gray,

I sold a home for $330,000 and bought another home for $520,000 shortly before the sale. My CPA says I have to pay capital gains tax on the sale, because I didn't own the first home for more than two years. Is that right?

Thank you for your time!!


Date:  Fri, 01 Apr 2005

Hello Ngau,

Probably. The old rules allowing the deferral of gain from the sale of a principal residence when it is replaced with a more expensive residence were repealed back in 1997. We have an article on our web site that explains the new rules at www.realestateinvestingtax.com/residence.shtml.

Good luck!
Mike Gray

We have more answers to frequently asked real estate tax questions! We also offer up-to-date information about new tax real estate tax developments in Michael Gray, CPA's Real Estate Tax Letter.

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What are the rules for capital gains on primary residence sales?

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