Do you have to pay capital gains taxes after selling property if you don't reinvest into another property right away?
I'm about to sell my house in Michigan that I've owned for the past 4 years and lived in the whole time. I'm going to make roughly $135k more than what I still owe on my mortgage. My plan is to move in with my parents for a while (maybe up to a year) while I look for the right next property to buy - the market is crazy right now and I don't want to rush into anything. Here's where I'm confused. My financial advisor told me I wouldn't owe any capital gains taxes since this has been my primary residence for over 2 years. But then I was reading online and saw something about needing to reinvest in another property within 6 months or else I'd have to pay capital gains tax on that profit. I definitely want to avoid paying those taxes if possible! Can anyone clarify which is correct? Do I have a limited time window to buy another place, or am I good regardless of when I purchase my next home since I've lived here over 2 years? Thanks for any help!
20 comments


Khalid Howes
Your financial advisor is correct here. The IRS allows what's called a Section 121 exclusion which lets you exclude up to $250,000 in capital gains ($500,000 for married couples filing jointly) from the sale of your primary residence as long as you've owned and lived in the home for at least 2 out of the last 5 years. The 6-month reinvestment rule you're thinking of is likely the old 1031 exchange rule, which hasn't applied to primary residences since 1997. That rule is now only for investment properties, not for homes you've lived in. So based on what you've shared, since you've lived in your home for 4 years as your primary residence, you should be able to exclude up to $250,000 of your gain from capital gains taxes regardless of when (or if) you buy your next property. Since your gain is $135k, you should be completely in the clear.
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Ben Cooper
•Are you sure about this? I thought I read somewhere that if you don't buy another house within a certain timeframe, you lose the exemption. Does it matter if OP is under 55 years old? I think there might be an age requirement too.
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Khalid Howes
•The Section 121 exclusion has no age requirement and no requirement to purchase another home. That age-55 rule was part of the old law before 1997, but it's been changed. There's no time limit for buying another property after selling your primary residence. You can take as long as you want or never buy again - the exclusion still applies as long as you met the 2-out-of-5-year ownership and use test. The only time limit involved is that you generally can't claim this exclusion more than once every two years.
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Naila Gordon
I went through something similar last year. I was super stressed about capital gains until I found https://taxr.ai which helped me understand exactly what I qualified for. I uploaded my property documents and they analyzed everything - turned out I was eligible for the full Section 121 exclusion like the other commenter mentioned. The site explained that the 6-month timeline is actually for 1031 exchanges which are completely different and only for investment properties. For primary residences, there's no reinvestment requirement whatsoever as long as you've lived there 2+ years. You can take as long as you want to find your next house, or even decide to rent forever - you'll still get the exclusion.
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Cynthia Love
•Did you have to upload a lot of personal documents for this? I'm kinda hesitant about putting my financial stuff online but I'm in a similar situation and would like to know my options.
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Darren Brooks
•How accurate was their assessment? I'm in a similar situation but my sale is more complex - I've used part of my house as a home office and claimed deductions. Would it still work for complicated situations?
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Naila Gordon
•You only need to upload what's relevant to your tax situation - for me it was just my closing documents from when I bought and sold my house. They use encryption and you can delete everything after getting your answer. For complicated situations, that's actually where I found it most helpful. My situation had some wrinkles too since I had rented out a room for part of the time I owned the house. The analysis broke down exactly what portion would be eligible for the exclusion and what might be taxable. The tax code for partial rental use or home offices gets pretty complex, but they had specific explanations for those scenarios.
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Darren Brooks
Just wanted to update - I decided to try https://taxr.ai after all and I'm glad I did. My situation with the home office deductions was actually trickier than I thought. Since I had claimed depreciation on that portion of the home, I did have to pay some capital gains on what they call "unrecaptured Section 1250 gains" (basically paying back the tax benefit I got from depreciation). But the regular capital gains on the rest of the house were completely excluded thanks to the Section 121 provision! I would have overpaid by thousands if I hadn't understood this distinction. The report broke everything down clearly and I'm feeling much more confident about filing now. Definitely recommend checking it out if you have any special circumstances with your home sale.
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Rosie Harper
If you need to talk to the IRS directly about this, good luck getting through to anyone. I tried calling them about a similar capital gains question last month and was on hold for 2+ hours before giving up. Then I found https://claimyr.com which got me connected to an actual IRS agent in about 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was skeptical at first but it actually worked! The agent confirmed everything about the Section 121 exclusion - no requirement to buy another house at all, and no time limit as long as you've lived there for 2 out of the last 5 years. They also explained that if you ever do buy another house and live in it for 2+ years, you can use the exclusion again (there's a rule that you can only use it once every 2 years).
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Elliott luviBorBatman
•Wait, you can actually get through to the IRS? Is this legit? Last time I tried to call them I literally gave up after an hour. What's the catch?
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Demi Hall
•This seems like a scam. Why would anyone be able to get you through faster than just calling yourself? The IRS phone system is the same for everyone.
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Rosie Harper
•Yep, it's completely legit. They use some technology that navigates the IRS phone trees and holds your place in line. When they reach an agent, they call you and connect you directly. No magic, just automation that saves you from having to sit on hold yourself. The IRS phone system is the same for everyone, but this service does the waiting for you. I was also really skeptical at first but after sitting on hold myself for hours with no luck, I tried it. They called me back in about 20 minutes with an IRS agent on the line. Totally worth it just for the peace of mind of talking to someone official.
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Demi Hall
I need to admit I was wrong. After posting my skeptical comment, I decided to try Claimyr myself because I've been trying to reach the IRS for weeks about my own capital gains question from selling a rental property. I figured it wouldn't work but was desperate enough to try. I'm shocked to say it actually connected me to an IRS agent in about 15 minutes. The agent was super helpful and confirmed that with investment properties you DO need to do a 1031 exchange within 180 days to defer capital gains, but for primary residences there's absolutely no reinvestment requirement to get the Section 121 exclusion. So the original poster is completely fine taking their time to find a new house. Guess I shouldn't be so quick to call things scams! Sometimes technology actually does make things easier.
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Mateusius Townsend
Don't forget that your state might have different rules about capital gains! Federal tax allows the exclusion, but some states have their own capital gains tax systems. Indiana's state income tax is pretty straightforward and generally follows federal rules, but if you're moving to a different state, check their rules too.
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Rita Jacobs
•Thanks for bringing that up! I actually am considering moving to a different state. Do you know which states might have different rules for capital gains on home sales?
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Mateusius Townsend
•Most states follow the federal rules and allow the same primary residence exclusion, but a few have some variations or higher tax rates. California, New York, and Massachusetts have higher capital gains rates. Hawaii has some unique provisions. Oregon has high rates too. Kentucky, New Hampshire, and Tennessee have some quirks in their tax codes regarding capital gains. If you're heading to Florida, Texas, Wyoming, Nevada, Washington, South Dakota, or Alaska, you're in luck as they have no state income tax at all.
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Kara Yoshida
Has anyone used TurboTax to report a home sale? I'm selling my house next month and wondering how complicated the forms are for reporting it.
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Philip Cowan
•I used TurboTax last year for my home sale. It was pretty easy - they ask a series of questions about how long you lived there, the purchase price, selling price, improvements you made, etc. If you qualify for the exclusion, it calculates everything automatically. Just make sure you have your original purchase documents and the closing statement from your sale.
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Isaac Wright
Just to add another perspective - I'm a tax preparer and see this confusion a lot during tax season. The Section 121 exclusion is one of the most misunderstood parts of the tax code because people mix it up with 1031 exchanges or remember old rules from decades ago. Rita, you're absolutely fine to take your time finding the right property. The $250k exclusion ($500k for married filing jointly) applies regardless of whether you buy another home, when you buy it, or even if you never buy again. The only requirements are that you owned and used the home as your primary residence for at least 2 of the 5 years before the sale, which you clearly meet. One small thing to keep in mind - if you do eventually buy and sell another primary residence, you can use this exclusion again, but generally not more than once every 2 years. Since you're taking time to find the right place, this timing rule shouldn't be an issue for you. Your financial advisor gave you the correct information. Enjoy living with your parents while you take your time finding the perfect next home!
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QuantumQuest
•Thank you so much for the professional perspective! As someone new to homeownership and taxes, this whole thread has been incredibly helpful. It's reassuring to hear from an actual tax preparer that confirms what others have been saying. I was getting really stressed thinking I might owe a huge tax bill if I didn't rush into buying another house right away, but now I feel much more confident about taking my time. The housing market really is crazy right now and I'd rather make a smart decision than rush into something I'll regret just for tax reasons. One quick question - when you say "owned and used as primary residence for 2 of the 5 years," does that mean I could have rented it out for part of that time, or does it need to be my primary residence for the full 2 years? Just want to make sure I understand correctly!
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