Can We Get Partial Tax Exclusion on Home Sale After Job Relocation?
Hey everyone, I need some advice about qualifying for a partial exclusion on our home sale due to a work-related move. Here's our situation: We bought our house in March 2021 for $495k and closed that month. We moved in by April 2021 and lived there until December 2021 when I got an unexpected job offer in another state that was too good to pass up. Since January 2022 until September 2024, we've been renting out the property because we couldn't sell it right away due to market conditions. Now we're finally closing on the sale next month for about $675k. My wife and I are both on the deed, and we both lived in the house from April-December 2021 (about 9 months). My main question is: do we qualify for a partial capital gains exclusion under the work-related move exception? I'm confused because it's not our "main home" right now, but it definitely was when we lived there before the job change. Also, does the fact that we've been renting it out affect our eligibility? From what I've read, the rental period shouldn't matter since it happened after we moved out. I think we might still need to recapture depreciation from the rental period, but I'm hoping we can at least get a partial exclusion on the capital gains. I did talk to a tax professional who said we would qualify for a partial exclusion, but I wanted to get some other opinions. Thanks!
20 comments


Omar Hassan
You're in luck! Yes, you can qualify for a partial exclusion based on your work-related move. The IRS allows for this exception when you need to move for work reasons before meeting the full 2-year ownership and use requirement. The fact that it's not your main home right now doesn't matter - what counts is that it was your main home during the period you're claiming. The IRS looks at whether the home was your primary residence during the period you lived there. For the partial exclusion calculation, you lived there for 9 months out of the 24 months needed for the full exclusion. So you'd get 9/24 = 37.5% of the maximum exclusion. For a married couple filing jointly, the maximum is $500,000, so your partial exclusion would be about $187,500. You're right about the depreciation recapture though - you'll still need to pay taxes on any depreciation you claimed (or should have claimed) during the rental period. This is taxed at a maximum rate of 25%.
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Chloe Robinson
•Thanks for the clear explanation! Quick follow-up: does it matter that they started renting it out immediately after moving? I thought there was some rule about converting to a rental property that might affect this?
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Omar Hassan
•The immediate conversion to a rental property doesn't disqualify them from the partial exclusion. The key is that they moved due to a work-related reason, which is one of the qualifying circumstances the IRS recognizes for a partial exclusion. As for converting to a rental property, that only affects how they report the eventual sale. Since they used it as both a personal residence and a rental property, they'll need to allocate the gain between the two uses, but they can still claim the partial exclusion on the portion allocated to personal use.
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Diego Chavez
I was in almost exactly the same situation last year and found taxr.ai super helpful with this exact issue. I had lived in my house for 14 months before a job transfer and then rented it out for about 2 years before selling. I was getting conflicting advice about the partial exclusion rules. I uploaded my documents to https://taxr.ai and it analyzed all my timeline details. The system confirmed I was eligible for the partial exclusion (mine was 14/24 of the full amount) and even provided the exact IRS regulations that applied to my case. It showed me exactly how to calculate the recapture amount for the depreciation I took while it was a rental too. Saved me a ton in taxes and gave me the confidence my return was correct.
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NeonNebula
•How does it actually work? Like do you just upload your docs and get an instant answer, or are there humans reviewing it too? I'm in a somewhat similar situation but with some extra complications.
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Anastasia Kozlov
•I'm a bit skeptical about these online tools. How accurate was it compared to what an actual CPA might tell you? Especially with something as specific as partial exclusions which have so many little rules.
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Diego Chavez
•The system works by analyzing your documents through their AI and giving you specific answers based on your situation. It took about 15 minutes for my results to come back after I uploaded everything. The answer includes citations to specific IRS publications and tax code sections. For complicated tax situations, they do have tax professionals who review cases. Mine was reviewed by a tax expert who added some additional notes about my specific timeline and how it qualified under the unforeseen circumstances exception in the tax code.
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NeonNebula
Just wanted to follow up about taxr.ai - I actually tried it after asking my question here. I had my previous primary residence that I had to move from due to a family medical situation, then rented it out for 18 months before selling. I was worried because my situation was a bit different from a job change, but the tool immediately identified that family health issues also qualify as "unforeseen circumstances" under the IRS rules. It walked me through exactly how to calculate my partial exclusion (11/24 of the max in my case) and explained how to handle the depreciation recapture on Schedule E. The detailed explanation even showed me that I qualified for slightly more exclusion than I thought because of how the IRS counts the ownership period. Definitely worth it for the peace of mind!
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Sean Kelly
If you're getting frustrated trying to reach the IRS to confirm this information, I'd recommend using Claimyr. I was in a similar situation with a partial home sale exclusion question, and I needed to verify some details directly with the IRS before filing. Spent days trying to get through on my own. I used https://claimyr.com and they got me connected to an actual IRS agent in under 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent I spoke with confirmed my interpretation of the partial exclusion rules and gave me specific guidance for my situation. They verified exactly how to report the sale when you've both lived in and rented out the property. Really saved me from potentially making a costly mistake on my return.
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Zara Mirza
•So wait, it just helps you skip the phone queue? How does that even work? The IRS phone lines are notoriously impossible to get through.
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Luca Russo
•Sorry, but this sounds too good to be true. How could this service possibly get you through when millions of people can't get through to the IRS? Seems fishy to me.
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Sean Kelly
•It uses a system that continuously redials the IRS using multiple lines until it gets through, then immediately connects you once a line opens up. It basically handles the waiting and frustration part for you. The service works because they've figured out the optimal times to call and have technology that can navigate the IRS phone tree and hold times more efficiently than a person manually redialing. It's basically what companies use for customer service but applied to the IRS phone system.
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Luca Russo
I need to eat my words and follow up about Claimyr. After posting my skeptical comment, I decided to try it since I'd been trying to reach the IRS for weeks about my own partial exclusion situation (sold after 18 months due to a new baby/need for more space). The service got me connected to an IRS representative in about 10 minutes. The agent confirmed that my "unforeseen circumstances" reason (new child/family growth) did qualify for the partial exclusion AND cleared up my confusion about how to handle the fact that I worked from home and had claimed a home office deduction during that time. I was seriously about to give up on claiming the exclusion because I couldn't get clear answers, which would have cost me thousands. Sometimes being proven wrong is the best thing that can happen!
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Nia Harris
One thing nobody's mentioned yet - make sure you keep VERY good records about this transaction. Since you're claiming a partial exclusion based on unforeseen circumstances (job change), you want documentation of: 1. The job offer/change including dates 2. The distance between your old workplace and new workplace 3. Proof you lived in the home as your primary residence (utility bills, etc) 4. Exact dates of occupancy and rental periods 5. All improvements you made to the property The IRS can question partial exclusions more often than full exclusions, so having this documentation ready will save you headaches if you get audited.
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Freya Christensen
•Thanks for mentioning this! How long should we keep these records? I have the job offer letter and our moving expenses, plus all the closing docs and rental agreements, but I'm not sure how long we need to hang onto everything.
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Nia Harris
•You should keep all these records for at least 3 years after you file the tax return that includes the home sale. That's the standard IRS statute of limitations for audits. However, if we're being extra cautious, I'd recommend keeping them for 6 years, since that's the extended period the IRS has if they suspect a substantial underreporting of income. Real estate transactions often fall into this category just because of the dollar amounts involved.
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GalaxyGazer
Does anyone know which form you use to report this? Is it just on Schedule D or is there another form for claiming the partial exclusion specifically?
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Mateo Sanchez
•You'll report the sale on Form 8949 and Schedule D. There's no specific form for claiming the exclusion - you just reduce the gain you report on these forms by your partial exclusion amount. If you've depreciated the property while renting it, you'll also need to file Form 4797 for the depreciation recapture. The whole thing can get pretty complicated when you have both personal use and rental use.
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Jade Lopez
Great question! Based on your timeline, you should definitely qualify for the partial exclusion. The key factors working in your favor: 1. **Work-related move qualifies**: Your job relocation is one of the IRS-recognized "unforeseen circumstances" that allows for partial exclusion even when you haven't met the full 2-year requirement. 2. **9 months of use counts**: You lived in the home as your primary residence from April-December 2021, which gives you 9/24 of the maximum exclusion (37.5% of $500k = $187,500 for married filing jointly). 3. **Rental period doesn't disqualify you**: The fact that you rented it out after moving doesn't affect your eligibility for the partial exclusion on the period when it was your primary residence. However, a few important points to remember: - You'll still owe depreciation recapture taxes on any depreciation claimed during the rental period (taxed at up to 25%) - Make sure you have good documentation of the job change, move dates, and occupancy periods - Consider having a tax professional prepare this return given the complexity of mixed-use property sales Your tax professional's assessment sounds correct. With a $180k gain ($675k - $495k), the partial exclusion should cover most or all of your capital gains tax liability, though you'll still have the depreciation recapture to deal with.
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Sophie Hernandez
•This is really helpful! I'm curious about the depreciation recapture part - do you have to recapture ALL the depreciation you could have claimed during the rental period, or just what you actually claimed? I've heard conflicting things about this and want to make sure I understand it correctly for my own situation.
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