Can I claim a primary residence exclusion for an apartment if I rent others connected to it?
August 12, 2011
From: Eugene
Date: 16 Apr 2009
Mr. and Mrs. X bought a rental property in 1978, and have used one of four apartments as a summer residence. They will make it their permanent residence for two years prior to selling it. Can they continue to rent the other units while claiming it as their principal residence? It has been fully depreciated since 2003.
Thank you for providing this helpful information.
Eugene
Answer
Date: 6 May 2009
Hello Eugene,
They can rent the units while living in one. The exclusion for sale of a principal residence won't apply to the rented units. The gain will have to be prorated for the personal residence versus the rental units. (Treasury Regulations Section 1.1212-1(e).)
Also, the tax law was recently changed so that periods of use other than as a principal residence after 2008 will reduce the exclusion, and that the amount of gain up to depreciation taken for periods after May 6, 1997 isn't eligible for the exclusion.
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.
Home Real Estate Taxletter Introducing Our Firm Articles FAQ Need Help? Other Resources
Connect on LinkedIn
Our Blog
© 2024