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Capital Gains Tax Question

Profile picture for techfan
Situation...

My boyfriend and I have been together for about a year, in a long-distance relationship. He's never owned a home before, I've owned mine for about 5 years. We're both moving to a new location, but together. He's buying a new house, and would prefer to be it only in his name, in case the worst happens, and we don't work out. Should we get married, that might change, but until then, it's easier and safer to take precautions. I'm in the process of trying to sell my house, and stand to make a decent profit, but I don't know much about capital gains taxes.

My understanding...

If I sell my home, I have a set amount of time (about 2 years?) to re-invest the profit in a more expensive home.

Question...

If I get married, and have my name put on the title of the home after the initial purchase, but still within the set time frame, does paying down a mortgage count as an investment for the capital gains clause, or does it have to be a purchase where my name is on the title to begin with?
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September 14 2007 - US

Replies (5)

You are only going to pay capital gains if you have owned the home for less then 2 yrs. As far as two years to reinvest that is incorrect information. You can do what ever you want with the proceeds from the sale. If the home was an investment you could do a 1031 exchange which would help you avoid the cap gains tax, but that is not your situation, you may be confusing the two. You will pay your excise tax and move on after your sell. Good luck and don?t buy anything with anyone unless you are married, or have a business contract (and that doesn?t always work) if you put your name on his deed, and he defaults on payments and the house is foreclosed on both of your credits are going to be destroyed.
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September 15 2007
Profile picture for techfan
So, if I understand this right, because I owned the home for 5 years, and had it as my primary residence for at least 2 of those years (in this case, all 5), I won't have to pay any capital gains tax?

Excise tax is an animal I hadn't thought about yet... again, any advice is appreciated.
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September 15 2007
Profile picture for BlakeandBrooke
To avoid capital gains tax, do you have to have lived in your house for 2 out of the last 5 years, or you just need to have lived in it for 2 years? I have moved and haven't been able to sell my house, so I'm thinking about renting it out until I can sell it.
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September 16 2007
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If you have lived in the home as your primary residence for two years, rented the home for a year or two you would still be eligible for the capital gain exclusion...and just to expand on a topic posted earlier...a 1031 tax exempt exchange only defers your tax liability.
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September 19 2007
Profile picture for Alan May
Real Estate Agent
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Jennifer, et al...

if you live in it for 2 years, as your principal residence, then that IS 2 of the last 5, right?

the only purpose for saying 2 of the last 5 is because you're allowed to have a gap in ownership. (say you live in it year 1 only, then rent it out for 2,3 & 4, move back in for year 5... THAT counts as 2 of the last 5)

and then you don't have to pay capital gains on up to $250,000 of profit if you're single... and $250,000 each (for a total of $500,000 profit) if you're married. And then you can go buy another house, and do it again.

nice, eh?
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September 21 2007
 

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