< Back to IRS

Ava Hernandez

Converting a rental property back to primary residence - tax implications for 2/5 year rule?

I've got a somewhat complicated situation with my house and I'm not sure about the tax implications. I purchased a home as my primary residence several years ago, then took a job in another state and ended up renting out this property for about 8 years. Now I'm being offered a position back in the original location and would be moving back into this house for approximately 2 years. I'm trying to figure out if this would qualify under the 2/5 year rule for capital gains exclusion when selling a primary residence? After these 2 years, I'd likely sell the property if I get relocated again and would want to use those funds toward another primary residence. My main concerns are: 1) Would I qualify for capital gains exclusion after living there again for 2 years? 2) What happens with depreciation recapture since I've been depreciating the property during the rental period? 3) If the tax implications are significant, would a 1031 exchange be worth considering? My tax preparer wasn't completely confident on this scenario, so I'm looking for some additional insights. The potential tax bill is definitely a factor in my decision-making process for this move.

This is a great question with a somewhat nuanced answer. The 2/5 year rule allows you to exclude up to $250,000 of capital gains ($500,000 if married filing jointly) if you've owned and used the home as your primary residence for at least 2 years out of the 5-year period ending on the date of sale. In your case, if you move back in for 2 years before selling, you would satisfy the "use" test of the 2/5 year rule. However, there's a complication: when a property has been used as both a rental and a primary residence, the IRS requires you to allocate the capital gain between "qualified" and "non-qualified" use periods. For the depreciation recapture, any depreciation you claimed (or could have claimed) during the rental period will be recaptured at a 25% tax rate regardless of the 2/5 year rule. This is unavoidable even if you qualify for the capital gains exclusion.

0 coins

Ava Hernandez

•

Thanks for the detailed response. Could you explain more about what you mean by allocating the gain between "qualified" and "non-qualified" use periods? Does that mean I can only exclude a portion of the capital gains?

0 coins

Yes, exactly. The capital gain must be allocated based on the periods of qualified use (primary residence) and non-qualified use (rental). The allocation is typically based on the time periods. So if you owned the home for a total of 10 years (initial primary residence period + 8 years rental + 2 years primary again), but it was a rental for 8 of those years, you might only be able to exclude 20% of the capital gain under the 2/5 rule. But importantly, the IRS doesn't count rental periods AFTER your primary residence use as "non-qualified use." So if you move back in for 2 years before selling, the 8 years of rental in between your primary residence periods might not count against you for this calculation.

0 coins

After reading through a bunch of forum posts just like this, I was in a similar boat with figuring out all the tax implications of my rental property. The IRS publications were confusing as hell. I ended up using https://taxr.ai to analyze my specific situation and it saved me so much time. It analyzed my property timeline, rental income history, and previous depreciation deductions to give me a clear picture of what my tax situation would look like under different scenarios.

0 coins

Sophia Miller

•

How exactly does this service work? Do you have to upload all your previous tax returns or property documents? Sounds interesting but I'm always cautious about sharing that kind of info.

0 coins

Mason Davis

•

Does it actually tell you the specific amount you'd owe in taxes under different scenarios? Like if I'm deciding between moving back in for 2 years vs selling now, would it show me the exact difference in tax liability?

0 coins

You can upload documents if you want, but you don't have to share previous returns. You can manually enter information about purchase price, improvements, depreciation taken, and your timeline of residence vs. rental periods. It uses that data to calculate your potential tax liability. Yes, it absolutely compares different scenarios. That's actually what I found most helpful - it showed me the tax implications of selling now versus moving back in for exactly 2 years versus doing a 1031 exchange. It breaks down ordinary income tax from depreciation recapture separately from capital gains tax so you can see the full picture.

0 coins

Mason Davis

•

I just wanted to follow up after trying out taxr.ai from the recommendation above. It was super helpful for my situation which was pretty similar to yours! I was able to input all my property details and my specific timeline of when I lived there vs when it was a rental. The analysis showed me I'd save about $42,000 in taxes by moving back in for 2 years before selling compared to selling it as a rental property now. The biggest surprise was seeing how the depreciation recapture would work - that 25% rate really adds up over 8 years of claiming depreciation!

0 coins

Mia Rodriguez

•

If you're dealing with potential depreciation recapture and trying to get ahold of someone at the IRS who actually understands this stuff, good luck! I spent 3 weeks trying to get through to someone who could answer my questions about a similar situation. Finally used https://claimyr.com (there's a quick demo video at https://youtu.be/_kiP6q8DX5c) and got connected to an IRS agent in under 20 minutes who was actually knowledgeable about property conversions and could confirm exactly what I needed to do.

0 coins

Jacob Lewis

•

Wait, this is an actual service that gets you through to the IRS? I thought it was impossible to reach them these days. How does it actually work? Do they just have some special phone number or something?

0 coins

No way this works as advertised. I've been trying to get through to the IRS for months about my rental property issues. If this actually worked, everyone would be using it. Sounds like a scam trying to collect personal info.

0 coins

Mia Rodriguez

•

It's not a special phone number - they use technology to navigate the IRS phone system and wait on hold for you. When they get someone from the IRS on the line, they call you and connect you directly to the agent. It's completely legitimate. I was super skeptical too at first. But when you consider how much money is at stake with rental property tax decisions, spending a little to actually talk to the IRS and get definitive answers seemed worth trying. They don't ask for any personal info beyond your phone number to call you back when they have an agent on the line.

0 coins

I need to eat crow here. After dismissing Claimyr in my comment above, I decided to try it out of desperation since I'm facing a tight deadline on deciding whether to sell my rental or move back in. It actually worked exactly as described - I got a call back in about 30 minutes with an IRS agent on the line. The agent confirmed everything about the 2/5 rule and depreciation recapture that others mentioned here, but also pointed out specific forms I'd need for my situation. Totally worth it and I'm genuinely shocked that something actually worked as advertised when dealing with the IRS.

0 coins

Ethan Clark

•

One aspect that hasn't been mentioned yet is the impact of state taxes if you're moving between states. Capital gains are often taxed at the state level too, and some states have higher rates than others. If you're moving back to a high-tax state, that's another factor to consider.

0 coins

Ava Hernandez

•

That's a great point I hadn't considered. My original home is in Washington state and I've been living in California. Would I be taxed based on the state where the property is located or my residence at time of sale?

0 coins

Ethan Clark

•

You'll be taxed by the state where the property is located regardless of your residency. So if the property is in Washington (which doesn't have state income tax), you'd only pay federal capital gains. But if you're a California resident when you sell, California will also want to tax that gain since you're a resident there. There are credits for taxes paid to other states to avoid double taxation, but it gets complicated fast.

0 coins

Mila Walker

•

Have you considered keeping it as a rental property and using a property management company? I was in a similar situation and found that continuing to rent while letting a management company handle everything was actually more profitable long-term than selling, especially with property values trending upward in most markets.

0 coins

Logan Scott

•

This can backfire badly - I tried the property management route and ended up with terrible tenants who trashed the place. The 10% fee the management company took hardly seemed worth it considering all the headaches. Sometimes a clean break is better financially and mentally.

0 coins

Chloe Green

•

Just want to add that timing of the sale matters too. If your property has appreciated significantly, consider the impact of the sale on your overall income for the year. If the capital gains push you into a higher tax bracket, it might be worth delaying the sale to the following tax year if your income will be lower then.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today