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The Federal Tax Code allows married taxpayers to exclude from capital gains taxes up to $500,000 in profits from selling a home (singles can exclude $250,000). In order to qualify for this exemption, you must prove that that the home has been your principal residence for at least two out of the last five years. The establishment of the home as a principal residence depends on the facts of each homeowner's circumstance. Here are two cases to consider.

Homeowner A has lived at 25 Pine Drive for 12 years. Although he stays at his vacation cottage in another town for up to three months out of each year (sometimes more), 25 Pine Drive is his principal residence, where he lives most of the time. When he sells the home, Homeowner A (filing as a single individual) can keep up to $250,000 in tax-free profit.

Homeowner B buys 108 Maple Street, intending to live there. He rents it out while waiting to sell his current home, where he has lived for six years. His principal residence sells at the end of two years. Homeowner B moves into his new house, lives there for three months, and then decides to travel. After a six-month trip, he regrets buying 108 Maple Street and sells it. Even though he has owned the house on Maple Street for over two years, it won't qualify as "owner-occupied", because he only lived in it for a few months. Thus Homeowner B is not eligible to claim the tax exemption when he sells the house on Maple Street.

Consult your tax advisor for advice about your particular circumstance.

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Mimi Simmons
ERA Cornerstone Realty Group
101 Boulder Street
Nevada City, CA 95959
530-265-7940
Fax: 530-470-0839
mimisimmons@NUMBER1EXPERT.com

When you want the very best, Mimi is your agent! 5th generation Native of Nevada County and 26 years of real estate brokerage experience, Mimi's reputation exceeds her clients' expectations. Founder of ERA Cornerstone Realty Group, Mimi's energy and enthusiasm has taken her to the ceiling of sales performance, ranking in the top 1% in Nevada County for over 12 years and in the Top 20 Brokers in the USA with ERA National, closing up to $40,000,000 annually in past years. Mimi's knowledge of homes and land gives her clients the edge in their property buying process. She is an expert in handling negotiations and contracts and has unmatched passion for real estate. She has daily knowledge of the changing industry. Her Team gives her clients the level of professionalism expected in today's highly competitive market. On top of Mimi's real estate expertise, she is extremely involved in the community. "The best real estate experience we have ever had", is a quote from a Bay Area couple. Call Mimi right now and find out for yourself at 530-362-0010.

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