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I'm dealing with a similar situation and this thread has been incredibly helpful! I owned my home for 15 years, lived in it for the first 10 years, then rented it out for 3 years when I moved for work, and finally moved back in for the last 2 years before selling. Based on all the information shared here, especially the specific tax code reference in Section 121(b)(5)(C)(ii)(I), it sounds like my 3-year rental period wouldn't count as non-qualified use since I lived there first. This is such a relief because I was worried I'd have to pay capital gains on a portion of my $180,000 gain. The explanations about how this exception exists specifically for people who relocate for work or other reasons really makes sense. It's good to know the IRS recognizes that homeowners sometimes need flexibility without losing their tax benefits. Has anyone here actually filed their taxes using this interpretation and had it accepted without issues? I want to make sure I'm not missing anything before I finalize my return.
Yes, I filed my taxes using this exact interpretation last year and it went through without any issues! My situation was very similar to yours - I owned my home for 14 years, lived in it for 8 years initially, rented it out for 4 years when I relocated for a job opportunity, then moved back in for the final 2 years before selling. I was initially nervous about claiming the full exclusion because my tax software kept flagging potential non-qualified use issues. But after researching the specific tax code section that others mentioned here (121(b)(5)(C)(ii)(I)) and consulting with a tax professional who specialized in real estate transactions, I felt confident that the rental period didn't count as non-qualified use since I had lived there first. Filed my return in February last year, got my refund processed normally, and haven't heard anything from the IRS since. The key thing that gave me confidence was having the actual tax code language to reference, plus multiple confirmations from different sources about how this exception works for people who relocate temporarily. Your situation sounds textbook for this exception - you lived there first, rented it out for work reasons, then moved back in before selling. As long as you meet the 2-out-of-5 year ownership and use tests (which you clearly do), your entire $180,000 gain should qualify for the exclusion.
This is exactly the kind of situation where the non-qualified use rules trip people up, but you're actually in good shape! Based on your timeline, you should qualify for the full $250,000 exclusion on your $119,000 gain. The key is understanding that "non-qualified use" has a specific exception for periods that occur AFTER you've already used the home as your principal residence. Since you lived in your Chicago house from 2010-2018 before renting it out from 2018-2020, that rental period falls under this exception and doesn't count as non-qualified use. Think of it this way: the IRS created this exception specifically for situations like yours where homeowners need to relocate temporarily (for work, family, etc.) but aren't ready to sell immediately. They don't want to penalize genuine homeowners who rent out their property as a bridge solution. Your timeline shows: - 12+ years total ownership ā - 10 years total residence use ā - 2+ years residence use in the last 5 years before sale ā - Rental period that doesn't count as non-qualified use ā You meet all the requirements for the full exclusion. Your entire $119,000 gain should be tax-free. Just make sure you have good records of your occupancy dates in case the IRS ever asks for documentation.
Thank you for breaking this down so clearly! As someone new to understanding these tax rules, this explanation really helps me grasp why the IRS created this exception. The way you laid out the checkmarks makes it easy to see how all the requirements are met. I'm curious though - when you mention keeping "good records of your occupancy dates," what specific documentation would be most helpful? Things like utility bills, voter registration changes, driver's license updates? I want to make sure I'm prepared if the IRS ever requests proof of the timeline. Also, does this same logic apply if someone has multiple rental periods separated by periods of personal use, or does it get more complicated in those scenarios?
Just wondering - has anyone used those "tax relief" companies that advertise on radio/TV for situations like this? They claim they can settle with the IRS for "pennies on the dollar" but I'm not sure if they're legit or scams.
I've been through almost the exact same situation - 6 years of unfiled returns after getting overwhelmed by an initial IRS notice. The anxiety was paralyzing, but dealing with it was actually much less scary than I had built up in my head. Here's what worked for me: I started by requesting my wage and income transcripts online from the IRS website. This showed me exactly what employers had reported each year, so I didn't have to track down old W2s. Then I filed all the missing returns at once using tax software (TurboTax actually handles prior years pretty well). The biggest shock? I actually got refunds for 3 of those years because I had overpaid through withholdings. The refunds almost completely offset what I owed for the other years. Don't let the anxiety keep you frozen - the IRS genuinely wants to work with people who are trying to get compliant. You've been having taxes withheld this whole time, which shows good faith. Start with getting those transcripts and you'll have a much clearer picture of where you actually stand financially. You might be pleasantly surprised.
You mentioned a company car - was that during your contract work or only after becoming an employee? If you had it during contract work, there might be tax implications there too.
It was only after becoming an employee. During the contract period, I was using my personal vehicle but the company reimbursed me for mileage. I'm guessing those reimbursements aren't taxable since they were just covering my costs?
If the company properly reimbursed you at or below the standard mileage rate (65.5 cents per mile for 2023), then those reimbursements aren't taxable income. However, you also can't deduct those miles since you've already been compensated for them. But definitely double-check if they reported those reimbursements as income on your 1099-NEC. Sometimes companies incorrectly include reimbursements, and if that happened, you'd want to deduct those expenses to offset that income.
I went through something very similar last year - owing a big chunk because of mixed W-2 and 1099 income. The self-employment tax on that $13,500 is probably what's killing you the most. A few things that helped me: 1. Double-check if your employer reimbursements were incorrectly included in your 1099-NEC income 2. Even small business expenses add up - phone usage, internet, any equipment or supplies 3. Set up quarterly estimated payments for next year to avoid this mess again The underpayment penalty stings, but at least it's relatively small compared to your total bill. I'd definitely recommend seeing a tax pro - they often find deductions that save more than their fee costs. Don't beat yourself up too much, this is a super common situation when transitioning from contract to employee work.
Quick warning - don't forget to pay self-employment tax on your farm income! Schedule F income is subject to self-employment tax (15.3% covering both Social Security and Medicare). This catches a lot of new farmers by surprise.
Omar, your buddy gave you solid advice! As a newcomer to farm taxes myself, I was confused about this same thing last year. Schedule F business deductions are completely separate from your personal standard deduction - you get both! Think of it this way: your farm is a business entity, so those $3,800 in feed, equipment repairs, and seed costs are business expenses that get deducted on Schedule F. Meanwhile, you as an individual can still claim the standard deduction (or itemize if that's better) for your personal expenses. They don't interact with each other at all. Just make sure you keep detailed records of all your farm income and expenses, and that you're operating with genuine profit intent. The IRS wants to see that this is a real business, not just a hobby. Good luck with your farming venture!
Norman Fraser
Just wanted to share some good news - I was in almost exactly your situation last Tuesday. SBTPG said it was sent, Chime said "tomorrow," but then I actually got it around 9pm that same night! Seems like Chime sometimes underpromises and overdelivers. Hope you see yours pop up tonight!
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Anastasia Kuznetsov
This is such a common frustration with SBTPG and Chime! I went through the exact same thing last month. SBTPG told me my refund was "sent" but Chime wouldn't release it for 24 hours. What I learned is that even though Chime advertises early direct deposit, they're more conservative with tax refunds that come through third-party processors like SBTPG. The ACH network still has standard processing times, and Chime waits for full settlement before releasing funds from these processors. It's annoying when you're expecting that "early" deposit benefit, but at least you know it's actually on its way now!
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