Income from the sale of your home (2024)

Sale of your principal residence

We conform to the IRS rules and allow you to exclude, up to a certain amount, the gain you make on the sale of your home. You may take an exclusion if you owned and used the home for at least 2 out of 5 years.

In addition, you may only have one home at a time. It may be any of the following:

  • House
  • Houseboat
  • Mobile home
  • Trailer
  • Cooperative apartment
  • Condominium

Ownership and use requirement

During the 5 years before you sell your home, you must have at least:

  • 2 years of ownership and
  • 2 years of use as a primary residence

Ownership and use can occur at different times.

Individuals

You do not have to report the sale of your home if all of the following apply:

  • Your gain from the sale was less than $250,000
  • You have not used the exclusion in the last 2 years
  • You owned and occupied the home for at least 2 years

Any gain over $250,000 is taxable.

Married/Registered domestic partner (RDP)

Married/RDP couples can exclude up to $500,000 if all of the following apply:

  • Your gain from the sale was less than $500,000
  • You filed a joint return for the year of sale or exchange
  • Either spouse/RDP meets the 2-out-of-5-year ownership requirement
  • Both spouses/RDPs meet the 2-out-of-5-year use requirement
  • Neither you nor your spouse/RDP excluded gain from the sale of another home in the last 2 years

Any gain over $500,000 is taxable.

Work out your gain

If you do not qualify for the exclusion or choose not to take the exclusion, you may owe tax on the gain.

Your gain is usually the difference between what you paid for your home and the sale amount. Use Selling Your Home (IRS Publication 523) to:

  • Determine if you have a gain or loss on the sale of your home
  • Figure how much of any gain is taxable
  • Report the transaction correctly on your tax return

How to report

If your gain exceeds your exclusion amount, you have taxable income. File the following forms with your return:

Visit Instructions for California Schedule D (540) for more information.

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Income from the sale of your home (2024)

FAQs

Is money from the sale of a house considered income? ›

Reported sale

Taxpayers who don't qualify to exclude all of the taxable gain from their income must report the gain from the sale of their home when they file their tax return. Anyone who chooses not to claim the exclusion must report the taxable gain on their tax return.

Do I pay taxes to the IRS when I sell my house? ›

If you do not qualify for the exclusion or choose not to take the exclusion, you may owe tax on the gain. Your gain is usually the difference between what you paid for your home and the sale amount. Use Selling Your Home (IRS Publication 523) to: Determine if you have a gain or loss on the sale of your home.

Do you always get a 1099-S when you sell your house? ›

When you sell your home, federal tax law requires lenders or real estate agents to file a Form 1099-S, Proceeds from Real Estate Transactions, with the IRS and send you a copy if you do not meet IRS requirements for excluding the taxable gain from the sale on your income tax return.

Do I have to reinvest profit from house sale? ›

The short answer is that profit (after paying a mortgage and sale-related costs) is yours to keep when you sell real estate. You're not required to use the proceeds to buy another property.

Do I pay taxes on selling my parents' home? ›

If you sell inherited property, is it taxable? If you sell an inherited property in California, it's generally not taxable. The only taxation involved is on the capital gains, which refers to any increase in the property's value over its value at the time of your relative's death — once specific costs are subtracted.

How do I avoid capital gains on sale of primary residence? ›

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

How does selling my house affect my taxes? ›

If you owned and lived in the home for a total of two of the five years before the sale, then up to $250,000 of profit is tax-free (or up to $500,000 if you are married and file a joint return). If your profit exceeds the $250,000 or $500,000 limit, the excess is typically reported as a capital gain on Schedule D.

Who is responsible for filing a 1099 after closing? ›

Form 1099-S is used to report the sale or exchange of present or future interests in real estate. It is generally filed by the person responsible for closing the transaction, but depending on the circ*mstances it might also be filed by the mortgage lender or a broker for one side or other in the transaction.

Why did I get a 1099-S when I sold my house? ›

You may get a 1099-S if you sold your home, a rental property, stock in a co-op or any other real estate, including land, permanent structures, or standing timber on your land. If the 1099-S was for the sale of your main home, it's reported under Less Common Income in the Wages & Income section.

Who sends you a 1099-S when you sell your house? ›

According to the IRS, the person who must file the Form 1099-S reporting the sale is the person responsible for closing the transaction. This means that if you used a title company or attorney to close your transaction they are generally responsible for completing and filing the form on your behalf.

Who is exempt from 1099s? ›

Generally, a 1099 is not required to be issued for international vendors who are foreign vendors. Individuals living outside the United States who qualify to file an IRS Form W-8BEN as foreign persons/foreign contractors and don't perform services in the United States, don't get a Form 1099-NEC.

What happens if I never received my 1099-S? ›

The deadline to mail 1099s to taxpayers is usually January 31. If a 1099 form is not received, you are still responsible for paying the taxes owed on any income earned during the tax year.

What happens when you sell a house and make a profit? ›

Any gain (profit) on the sale of your home may be subject to the capital gains tax. Your gain (or loss) is determined by subtracting your cost basis from your selling price, less selling expenses. A loss on the sale of your home is not deductible on your return.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

How much profit can I make on my house without paying capital gains? ›

You can sell your primary residence and avoid paying capital gains taxes on the first $250,000 of your profits if your tax-filing status is single, and up to $500,000 if married and filing jointly. The exemption is only available once every two years.

Is the sale of an asset considered income? ›

Generally speaking, sales of assets such as equipment, buildings, vehicles and furniture will be taxed at ordinary income tax rates, while intangible assets such as goodwill or intellectual property will be taxed at capital gains rates.

Are capital gains considered income? ›

Capital Gains and Dividends. How are capital gains taxed? Capital gains are profits from the sale of a capital asset, such as shares of stock, a business, a parcel of land, or a work of art. Capital gains are generally included in taxable income, but in most cases, are taxed at a lower rate.

How to avoid real estate capital gains tax? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

Does selling a house count as income for Obamacare? ›

The first $250,000 (for an individual; $500,000 for married couples filing jointly) in profit on the sale of a primary residence is excluded from the tax. But if a vacation or investment property is sold, all profits are subject to the tax.

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