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The Skinny on Home Capital Gains Taxes

Selling your home can be tax free if you meet certain requirements.

A 1997 law made it possible for home owners to skip out on paying capital gains tax. The highest capital gains tax rate is currently 15 percent, which can be a lot on money depending on the sale price of your home. The law says that home owners can exclude up to $250,000, or $500,000 for a married couple, of home sale profits from the taxation of Uncle Sam.

To qualify for this exemption you must follow certain rules. According to IRS Publication 523 'Selling Your Home' (www.irs.gov), you must own the home for at least five years. During that five years, the home must have been your primary residence for at least two years. You can take the tax exemption only once every two years.

There are exceptions to every rule, this one included. According to 'Selling Your Home', there are three reasons why you may be able to qualify for a partial tax break, even if you owned the home for less than the five year minimum. The three exceptions are: change of place of employment, health and unforeseen circumstances.

Change in place of employment means your work suddenly forces you to sell your home and move to a distant location. Health is an unexpected illness that forces you to sell your home. Unforeseen circumstances, as defined by the U.S. Treasury Department, is 'death, multiple births from the same pregnancy and divorce.' These exceptions can best be described as vague, and it is highly recommended that you speak with a tax professional before following up on any tax information.

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