If you sold a property that was used as both your main home and a rental property, you may be eligible for the home sale exclusion while still being required to report the rental portion of the property separately.
In general, the IRS allows you to exclude gain from the sale of your main home if you meet the ownership and use requirements.
Do I Qualify for the Main Home Exclusion?
- You owned the property for at least 2 years during the 5-year period ending on the date of sale, and
- You used the property as your principal residence for at least 2 years during that same 5-year period.
If you meet these requirements, you may qualify for the home sale exclusion, even if the property was rented for part of the time.
You may also qualify for a partial exclusion in certain situations involving:
- Job-related moves
- Health-related reasons
- Certain unforeseen circumstances
Do I Need Both Form 4797 and the Sale of Main Home Worksheet?
Possibly.
When a property has been used as both a residence and a rental property, you may need to report the sale in two different areas of the return:
- The personal residence portion on the Sale of Main Home Worksheet
- The rental or business portion on Form 4797
How Do I Report the Rental Portion of the Property?
- Federal
- Income (Select My Forms)
- Less Common Income
- Sale of Business Property (Form 4797)
Land
Land is not depreciable and is generally reported separately.
If held for more than one year, it is usually reported as:
- Part I – Property Held More Than One Year
Building (Depreciable Portion)
- Part III – Section 1250 Property
How Do I Report the Main Home Portion?
- Federal
- Income (Select My Forms)
- Investments
- Sale of Main Home Worksheet
- Your gain on the sale
- Whether you qualify for the exclusion
- Any taxable gain remaining after the exclusion is applied
How Do I Allocate the Sale Between Personal and Rental Use?
- Sales price
- Cost basis
- Selling expenses
- Depreciation
The IRS allows any reasonable allocation method, such as:
- Square footage
- Number of rooms
- Percentage of property devoted to rental use
- Other reasonable usage calculations
Example
- Total home size: 2,000 square feet
- Rental unit: 500 square feet
500 ÷ 2,000 = 25%
- 25% of sales proceeds to the rental portion
- 25% of basis to the rental portion
- 25% of selling expenses to the rental portion
What Is Depreciation Recapture?
One of the most important parts of selling a former rental property is depreciation recapture.
If you claimed depreciation deductions while the property was used as a rental, the IRS requires you to recapture those deductions when the property is sold.
Even if you failed to claim depreciation, the IRS generally requires recapture of the amount that could have been claimed.
Can Depreciation Be Excluded Under the Home Sale Exclusion?
No. The home sale exclusion does not apply to depreciation claimed (or allowable) after May 6, 1997.
That portion of the gain is generally taxed as unrecaptured Section 1250 gain, which may be subject to a maximum federal tax rate of 25%.
How Do I Enter Depreciation Recapture?
- Federal
- Income (Select My Forms)
- Less Common Income
- Sale of Business Property (Form 4797)
- Allowable Depreciation
Enter the depreciation that was claimed or allowable during the rental period.
If the property was held longer than one year, the property type will generally be identified as:
- Part III – Section 1250 Property
Special Rule for Military and Certain Government Employees
Military members and certain government employees on qualified extended duty may be able to suspend the normal 5-year ownership and use period for up to 10 years.
This special rule may help preserve eligibility for the home sale exclusion when an assignment requires living away from the home.
However, this rule does not eliminate:
- Form 4797 reporting requirements
- Depreciation recapture requirements