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Tax implications for selling two properties - Capital Gains exemption questions regarding Publication 523

Hey tax folks. Looking for some clarity on a capital gains situation that's causing me a lot of anxiety. My husband and I have owned our starter home since 2006 (purchased for $175k). In 2021, we bought a new place and converted our first home into a rental property. We're now planning to sell that starter home for about $390k, so looking at approximately $215k in capital gains. From what I've read, since we used it as our primary residence for more than 2 years within the 5-year window, we should qualify for the married couple exemption of up to $500k in capital gains. Here's where it gets complicated: My husband is listed as a co-owner on his father's house (purchased around 2002 for about $130k). His dad has been retired for over a decade and is claimed as a dependent by my husband's brother who lives with him. The father's house is now selling for roughly $530k. My husband won't receive ANY money from this sale - all proceeds will go to his father. What I'm really worried about is who's responsible for the capital gains tax on his father's house? Would his father/brother qualify for some exemption, and if so, how much? Most resources I find only mention the $250k single/$500k married couple exemptions, but I can't figure out how this works in a father/son co-ownership situation. I'm especially concerned about the "Look-back" Eligibility rules in Publication 523. My husband will have technically sold a house in the last 2 years (our rental), but his father hasn't. Could we end up owing capital gains tax on the father's house even though we won't see a dime from it?

Grace Lee

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One way to handle this that nobody has mentioned is using a Qualified Disclaimer. If your husband never intended to have an ownership interest and won't be receiving proceeds, he may be able to execute a disclaimer of interest BEFORE the sale closes. This is basically a legal statement refusing to accept the interest in the property. It needs to be done properly through an attorney, filed with the county recorder, and meet specific IRS requirements, but it could potentially remove your husband from the equation entirely before the sale happens. I did this when my grandparents put me on a deed without telling me, and it saved me from a huge tax headache when they later sold the property.

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This is really interesting! I've never heard of a Qualified Disclaimer before. Is this something that can be done even years after being added to a deed? My husband has been on his father's deed since 2002, so about 20 years now. Would it still be possible to do this so close to the sale?

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Grace Lee

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Unfortunately, a Qualified Disclaimer typically needs to be executed within 9 months of when the interest was created or when you turned 21 (whichever is later). Since your husband has been on the deed for around 20 years, this option probably won't work in your situation. There are still other approaches though. One possibility is having your father-in-law give your husband's share back to him as a gift before the sale (though this has gift tax implications). Another is to ensure proper documentation that your husband is acting as a "nominee" owner only. This would require specific language in the closing documents and proper reporting on tax returns.

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Mia Roberts

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Has anyone used TurboTax to handle capital gains reporting for a situation like this? I've got a somewhat similar scenario coming up and wondering if the software can handle the complexity or if I need to hire a professional.

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The Boss

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I used TurboTax Premier last year for a capital gains situation with multiple owners (sold my parents' house where I was on the deed). It handled the basic reporting fine, but I found it didn't ask enough detailed questions about ownership intent or primary residence status for each owner. I ended up having to manually override some entries and add explanatory statements. Unless your situation is very straightforward, I'd recommend at least consulting with a tax professional who specializes in real estate transactions before trying to DIY it.

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Mia Roberts

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Thanks for the feedback. That's pretty much what I was worried about. I think I'll use a tax pro this year since the stakes are high, then maybe try software again next year when I don't have such complicated issues.

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Freya Thomsen

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My tax guy says the standard deduction is so high now ($13,850 for single filers in 2024) that most people don't even need to itemize anymore, which means most receipt-tracking is pointless unless you're self-employed or have a ton of other deductions that would push you over that threshold.

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Omar Fawaz

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But aren't there still some above-the-line deductions that you can take even if you don't itemize? I thought stuff like HSA contributions and student loan interest didn't require itemizing?

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Freya Thomsen

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You're absolutely right about above-the-line deductions! Those don't require itemizing and can be claimed in addition to the standard deduction. Common above-the-line deductions include HSA contributions, student loan interest (up to $2,500), certain IRA contributions, and self-employment tax. These appear on Schedule 1 of Form 1040 and reduce your adjusted gross income directly.

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Chloe Martin

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Does anyone know if the IRS has an official list somewhere of what receipts we actually need to keep? I've heard different things about how long to keep them too - 3 years? 7 years?

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Diego Rojas

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The IRS recommends keeping records that support income, deductions, or credits for 3 years from when you filed the return. But if you underreport income by more than 25%, keep records for 6 years. For property records (like your home), keep them until you sell the property plus 3 more years.

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Charity Cohan

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11 Sometimes you can get your tax forms early if you just call and ask nicely! I needed my 1099-R for a loan application, called my investment company, and they emailed me a copy the same day even though they hadn't officially "released" them yet. Doesn't always work but worth trying if you're in a hurry.

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Charity Cohan

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8 Does that work with W-2s too? My HR department acts like they're guarding state secrets whenever I ask for anything.

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Charity Cohan

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11 It's less consistent with W-2s because larger companies often use third-party payroll processors that release all forms at once. But smaller companies that handle payroll in-house might be able to generate yours early if you explain why you need it. With financial institutions like banks and investment companies, they're usually more flexible because they generate these forms on an ongoing basis. Your HR department probably has stricter policies because they're dealing with everyone's payroll data at once.

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Charity Cohan

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17 If you filed last year using TurboTax, H&R Block, or most other tax software, they often have a feature that lets you import your W-2 directly from your employer before you physically receive it. Worth checking if your employer participates in their direct import program - saved me tons of time last year!

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Charity Cohan

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18 Some employers don't participate though. Mine shows up as "not available" every year and I have to wait for the paper copy like it's 1995 or something.

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Had the same error code last year. In my case, I had started a return using TurboTax, then switched to H&R Block software but the TurboTax one had already been submitted even though I never finished it. Check if you started returns on multiple platforms or if you maybe authorized a preparer to file an extension for you. Worst case, do what others suggested - file a paper extension today and sort out the details later. As long as you get that postmarked today, you'll avoid the late filing penalty. Then take your time figuring out what happened.

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This happened to my brother too! TurboTax apparently auto-submitted something even though he hadn't finished. The whole system is ridiculous. He ended up having to file an identity theft affidavit just to get his actual return processed.

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Yeah, many tax software platforms have automatic submission features that aren't always clearly explained. Some will submit a partial return or an extension if you've entered basic info but haven't completed the process. It's always worth checking with any software you might have used. It's actually a lot more common than people realize. The IRS systems aren't great at distinguishing between a completed return and one that was just initiated with basic information. That's why filing that paper extension is so important - it gives you documentation and time to sort everything out.

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Ethan Wilson

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I'm a tax preparer and see this frequently. Another possibility: if you received certain benefits last year (like stimulus or advance child tax credit), the IRS system sometimes treats the information return for those payments as an actual tax return. Call the IRS Practitioner Priority Line if possible - they can sometimes see things in the system that regular customer service can't.

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Yuki Tanaka

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Is there any way normal people can access that Practitioner line? Or do you need some kind of credentials?

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One thing to consider - if you wait to file the amendment, make sure you're setting aside enough of your refund to cover what you'll owe. Interest does accrue from the original due date (usually April 15th), so the longer you wait, the more you'll owe. But honestly, for a short wait like you're describing, the interest will be minimal. Also, if you're worried about future issues like this, consider setting up an IRS Online Account. It lets you see all the income documents the IRS has received with your SSN, which helps catch missing forms before filing.

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Thanks for the advice! Do you know how to set up that IRS Online Account? That sounds really helpful for next year.

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You can set it up directly on the IRS website at irs.gov/account. You'll need to verify your identity with some personal info and either a credit card, mortgage, or loan account number. They've made the process more user-friendly recently. Once set up, you can see all W-2s, 1099s, and other income documents reported to the IRS under your SSN. It's super helpful for catching missing forms before you file. You can also use it to view your payment history, set up payment plans, and get transcripts of past returns if needed.

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Omar Fawaz

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Has anyone else had an amendment take FOREVER to process? I filed one last year and it took almost 7 months before it was finally processed. The IRS says they're taking 20+ weeks for amendments right now, so definitely file electronically if possible!

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Mine took 9 months last year! Paper-filed and regretted it. The electronic amendments seem to go through much faster based on what friends have experienced.

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