< Back to IRS

Sayid Hassan

Do I qualify for Section 121 exclusion if I've owned my house only since 2022? Or is 5 years required?

I bought my first house back in August 2022 as a primary residence and have been living here since. Recently, I've been thinking about selling it this year (2024) because I got a job offer in another state that would be a huge opportunity for me. I've been doing some research on tax implications and came across the Section 121 exclusion which sounds like it could save me from paying capital gains tax. The housing market in my area has gone crazy, and my house has appreciated significantly - probably about $105,000 over what I paid. My question is about the timing requirements for the Section 121 exclusion. Do I need to have owned the house for a full 5 years to qualify? Or is it just 2 years? I've owned it since 2022 and want to sell in 2024, so that's only about 2 years of ownership. Can I still use the Section 121 exclusion in this case? Or do I really need to wait until 2027 to avoid capital gains tax? Any help would be greatly appreciated since I need to make a decision about this job offer pretty quickly!

Rachel Tao

•

The Section 121 exclusion (also known as the primary residence exclusion) allows you to exclude up to $250,000 of capital gains ($500,000 for married couples filing jointly) when you sell your primary residence. The good news is that you only need to meet two requirements: 1. You must have owned the home for at least 2 years out of the 5 years before the sale (the ownership test). 2. You must have lived in the home as your main residence for at least 2 years out of the 5 years before the sale (the use test). If you bought in August 2022 and sell in late 2024, you should meet both requirements as long as you've been living there the whole time. The 5-year period is just the window in which your 2 years of ownership and use must occur. So yes, you can use the Section 121 exclusion when you sell in 2024, assuming you've lived there continuously since purchase. No need to wait until 2027!

0 coins

Derek Olson

•

So just to be clear, the "5 years" part means you have a 5-year window during which you need to have lived there for 2 years? It's not that you need to own it for 5 years? I'm asking because I'm in a similar situation (owned home since April 2022) and thinking about selling next spring.

0 coins

Rachel Tao

•

That's exactly right. The "5 years" refers to the lookback period. Within that 5-year window immediately before you sell, you need to have owned the home for at least 2 years and used it as your primary residence for at least 2 years. Those 2 years don't have to be continuous, either. For example, someone could live in their home for a year, rent it out for 2 years, then move back in for another year before selling - they'd still qualify because they lived there for 2 years total within the 5-year period.

0 coins

Danielle Mays

•

I had the exact same confusion about the Section 121 exclusion last year! I found this amazing tool that analyzed all my home sale documents and gave me a clear answer in minutes. Saved me so much stress trying to interpret all the tax codes myself. It's called taxr.ai (https://taxr.ai) and it can analyze your specific situation with the Section 121 exclusion. You just upload your documents and it breaks down exactly what the 2-year/5-year rule means for your specific case. It also identified some home improvements I made that could be added to my cost basis which I had totally forgotten about!

0 coins

Roger Romero

•

Does it work for more complicated situations? I've been living in my house for 3 years but had to move out temporarily for 6 months for work. Will the tool understand these kinds of nuances with the Section 121 exclusion?

0 coins

Anna Kerber

•

Sounds interesting but how does it know what home improvements count towards cost basis? I renovated my kitchen but didn't keep all the receipts. Would that be a problem?

0 coins

Danielle Mays

•

It absolutely handles those nuanced situations! The tool has specific questions about temporary absences and automatically applies the IRS exceptions for work relocations, health situations, and other qualifying events. It would analyze your 6-month absence and tell you if it affects your eligibility. For home improvements without receipts, the tool provides guidelines for reasonable estimates based on standard costs for common renovations in your region. It helps you document these estimates in a way that would satisfy IRS requirements if needed. You can even upload photos of your kitchen renovation as supporting evidence.

0 coins

Anna Kerber

•

Just wanted to follow up after using taxr.ai for my Section 121 question. I was skeptical about the home improvement tracking without receipts, but it really worked well! The tool walked me through estimating my kitchen renovation costs based on my region and the specific work done. It also gave me a clear timeline showing exactly how my ownership period satisfied the 2-out-of-5 years rule, and even flagged that my home office deductions from previous years needed special consideration. Would have completely missed that! Definitely worth checking out if you're confused about Section 121 like I was.

0 coins

Niko Ramsey

•

If you end up having issues verifying your ownership period or have other questions about the Section 121 exclusion, you might need to speak with someone at the IRS directly. I tried for WEEKS to get through their phone line with no luck, but then I found this service called Claimyr (https://claimyr.com). They have this system that gets you pushed to the front of the IRS phone queue. Sounds impossible but you can see how it works in this video: https://youtu.be/_kiP6q8DX5c. I had a complex Section 121 question since I had rented part of my house on Airbnb occasionally, and needed to know how that affected my exclusion eligibility.

0 coins

How exactly does this work? I don't understand how any service could get you to the front of an IRS queue when everyone else is waiting for hours.

0 coins

Jabari-Jo

•

Yeah right. The IRS doesn't have some special line for people who pay a service. Sounds like a scam to me. I'll just keep calling and eventually get through.

0 coins

Niko Ramsey

•

It's completely legitimate and works by using a special callback system that most people don't know about. The service essentially navigates the complex IRS phone tree for you and requests a callback when an agent becomes available, which puts you in a much shorter queue than the general line. It's definitely not a scam. I was extremely skeptical too, but I was desperate after trying to get through for three weeks. The IRS has millions of calls and limited staff, so they actually have different routing systems that this service has figured out how to navigate efficiently. No special treatment - just smart use of the existing system.

0 coins

Jabari-Jo

•

Alright I need to eat my words here. After struggling for another week trying to reach the IRS about my Section 121 question (selling a house that was partially used for business), I broke down and tried Claimyr. I got a call back from an actual IRS agent within about 45 minutes. The agent was super helpful and explained exactly how my home office impacts the Section 121 exclusion calculation. Turns out I only need to pay capital gains on the portion of the home used exclusively for business, which in my case is just one room. So if you have specific questions about your situation with the 2-year rule or other Section 121 details, it's definitely worth getting a direct answer from the IRS. And this service actually works!

0 coins

Kristin Frank

•

Just a heads up - I almost missed out on using the Section 121 exclusion because I thought the "2 out of 5 years" rule had to be the 2 years immediately before selling. My accountant explained that's not the case! For example, if you lived in your house for 2 years, then rented it out for 2 years, then sold it, you'd still qualify because you met the 2-year use requirement within the 5-year period before the sale. Also, make sure you keep good records of any major improvements you've made to the house, as those increase your cost basis and reduce your capital gain.

0 coins

Micah Trail

•

Do minor renovations count too? Like I repainted all the rooms and installed new ceiling fans - would those count as improvements that increase my cost basis?

0 coins

Kristin Frank

•

General maintenance and minor updates like painting typically don't count as capital improvements. They're considered repairs rather than improvements. Ceiling fans might count if they were new installations rather than replacements. Capital improvements are things that add value to your home, prolong its life, or adapt it to new uses. Examples include adding rooms, replacing the roof, adding central air conditioning, major renovations, etc. The IRS has Publication 523 which gives more details on what qualifies.

0 coins

Nia Watson

•

Quick question - what if I haven't lived in the house for the full 2 years yet, but I NEED to sell because of a job relocation? Does the Section 121 exclusion have any exceptions for that kind of situation?

0 coins

Rachel Tao

•

Yes! The IRS does have partial exclusions for certain circumstances when you sell before meeting the 2-year requirement. These include: 1. Job or employment changes where your new workplace is at least 50 miles farther from your home than your old workplace 2. Health reasons that medically necessitate a move 3. Unforeseen circumstances like death, divorce, multiple births from the same pregnancy, etc. If you qualify for one of these exceptions, you can get a partial exclusion based on the fraction of the 2-year period you did live there. For example, if you lived there for 1 year before having to relocate for work, you could exclude 50% of the maximum exclusion amount.

0 coins

Diego Flores

•

Great question! I was in a very similar situation last year. You're correct that you only need 2 years of ownership and use, not 5 years. Since you bought in August 2022 and are looking to sell in 2024, you should easily meet the requirements. One thing I'd add to the excellent advice already given - make sure you keep documentation of your move date and job offer. Even though you qualify for the full exclusion, having this paperwork can be helpful if the IRS ever questions the timing of your sale. Also, don't forget to factor in closing costs and any selling expenses when calculating your actual capital gain. These costs reduce your taxable gain, which might be especially helpful if you're close to the $250,000 exclusion limit. Good luck with the job opportunity! The Section 121 exclusion is one of the best tax benefits available to homeowners, so it's great that you can take advantage of it.

0 coins

Amara Okafor

•

This is really helpful advice! I'm actually in a similar boat - bought my place in late 2022 and might need to sell next year for a job opportunity. The documentation tip is great - I hadn't thought about keeping records of the job offer and move details even though I qualify for the full exclusion. Better to be prepared! Quick question about the closing costs - do things like realtor commissions and title insurance count as selling expenses that reduce the capital gain? I'm trying to get a rough estimate of what my actual taxable gain might be.

0 coins

Yes, absolutely! Realtor commissions, title insurance, attorney fees, transfer taxes, and other legitimate selling expenses all count as costs that reduce your capital gain. These are sometimes called "selling costs" and they're subtracted from your sale proceeds when calculating your actual gain. So if you sell for $300k but pay $18k in realtor commissions and $3k in other closing costs, your net proceeds would be $279k for tax purposes. This can definitely help keep you under the $250k exclusion limit if you're getting close. Just make sure to keep all the closing documents - your settlement statement will have everything itemized. Some people also forget that certain buying costs from when you purchased (like title insurance, recording fees, etc.) can be added to your original cost basis too, which further reduces your gain.

0 coins

Kaylee Cook

•

Just wanted to add another important point about the Section 121 exclusion - make sure you haven't used it on another property within the past 2 years before your sale date. The exclusion can generally only be used once every 2 years. Since this sounds like your first home sale, you should be fine, but it's worth mentioning for anyone else reading this thread. Also, if you're married, both spouses need to meet the use test (living there as primary residence for 2 out of 5 years) to qualify for the full $500,000 exclusion, though only one spouse needs to meet the ownership test. One more tip - if you do end up with a gain that exceeds the exclusion limit, you might want to look into timing the sale strategically. For example, if you're in a higher tax bracket this year due to your new job, it might be worth waiting until early next year if your income will be lower then, as long as you still meet the 2-year requirements.

0 coins

This is really great additional information! The once-every-2-years rule is definitely something people overlook. I'm curious about the timing strategy you mentioned - when you say "timing the sale strategically," are you referring to the fact that capital gains are taxed at different rates depending on your income level? I know there are 0%, 15%, and 20% capital gains tax brackets, so if someone's gain exceeds the Section 121 exclusion, having lower income in the year of sale could potentially save them from jumping to a higher capital gains rate. Is that what you're getting at, or are there other timing considerations I should be aware of?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today