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Amara Torres

How to Report Primary Home Sale When Married Filing Separately?

My wife and I have decided to file our taxes using the Married Filing Separately status this year, and we're struggling to figure out how to handle reporting the sale of our primary residence from last year. We received a single 1099-S with both our names on it, but I'm not sure what's the right way to report this on our separate returns. Should we each report the full amount of the sale on our individual returns? Or should we split the proceeds 50/50? What complicates things is that all the money from the sale went directly into my bank account. Does that mean I should report the entire amount while my wife reports nothing? Fortunately, we qualify for the primary residence exemption since we lived in the home for more than 2 of the last 5 years, so we shouldn't owe any taxes on the gain. I'm just trying to make sure we report everything correctly to avoid issues with the IRS. Has anyone dealt with reporting a home sale when filing separately? Any guidance would be greatly appreciated!

When you're Married Filing Separately and selling your primary residence, you each need to report your portion of the sale on your individual returns. Since you owned the home jointly, the most common approach is to split the proceeds 50/50, even if the money went into only one bank account. Each of you would file Form 8949 and Schedule D to report your portion of the sale. The primary residence exclusion allows up to $250,000 of gain per person when filing separately (instead of the $500,000 you'd get filing jointly), but it sounds like you'll both still fall under that threshold. The fact that the proceeds went into your bank account doesn't change the reporting requirements - it's about ownership, not where the money landed. If the home was owned 50/50, you each report half regardless of whose bank account received the funds.

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Mason Kaczka

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Thanks for the explanation. So if we bought the house for $300k and sold for $500k, we would each report a $100k gain on our separate returns? And we'd each qualify for the $250k exclusion? What if the deed was only in my name but we were married when we bought it?

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Yes, if you bought for $300k and sold for $500k, with 50/50 ownership, you'd each report a $100k gain on your separate returns. And you'd each qualify for the $250k exclusion as long as you both lived in the home as your primary residence for at least 2 of the last 5 years. If the deed was only in your name, that changes things. In that case, technically you would report the entire gain on your return since you were the legal owner. However, this can get complicated with community property states, so if you're in one of those states, different rules might apply even if only your name was on the deed.

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Sophia Russo

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Just wanted to share my experience - I was in a similar situation last year and found this awesome tool at https://taxr.ai that really helped me figure out how to handle our home sale when filing separately. The software analyzed our 1099-S and other docs then told us exactly how to split and report everything. It walks you through all the forms you need to file and explains the primary residence exclusion rules specific to your situation. I was especially confused about how to handle capital improvements we'd made to the house over the years, and the tool helped me track those to increase our basis and reduce the taxable amount.

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Evelyn Xu

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How accurate was it? I'm trying to understand how a service like this would know state-specific rules, especially for community property states where the split might not be 50/50 depending on when you bought the property.

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Dominic Green

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I'm not sure I'd trust some random software with something as important as a home sale. Does it actually have real tax pros reviewing your stuff or is it just an algorithm? And how much does it cost?

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Sophia Russo

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It was incredibly accurate and did account for state-specific rules. I'm in California (a community property state) and it asked specific questions about when we bought the property and our marriage date to determine the correct allocation. The service uses AI to process the documents but has tax professionals who review complex situations. You upload your documents and it analyzes everything from purchase records to the 1099-S. It highlighted deductions I would have missed, like some closing costs that increased our basis and saved us from potentially paying taxes on the sale.

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Dominic Green

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I was initially skeptical about using taxr.ai as I mentioned in my comment above, but I decided to give it a try since our home sale situation was getting complicated. Honestly, it was a game-changer. The system asked really specific questions about our deed, when we bought vs. when we got married, and even about improvements we'd made to the house. It showed us exactly how to split the reporting between our separate returns, and even generated the completed Schedule D and Form 8949 with the right codes and explanations. The best part was it found about $27,000 in home improvements we'd made that I had forgotten about, which increased our basis and reduced our reportable gain. I definitely recommend it for anyone dealing with this specific situation.

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Hannah Flores

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If you're having trouble reaching the IRS to get specific guidance on your married filing separately situation, I'd recommend checking out https://claimyr.com - they helped me actually get through to an IRS agent after I spent days trying on my own. I was in a similar situation with a home sale and MFS status, and I needed clarification directly from the IRS. Their system holds your place in line with the IRS and calls you when an agent is about to pick up. You can see how it works at https://youtu.be/_kiP6q8DX5c - it saved me hours of being on hold. The agent I spoke with confirmed that we needed to split the proceeds based on ownership percentage, not based on whose bank account received the money.

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How does this actually work? Like, does it just keep dialing the IRS for you or something? I've been on hold for literally hours trying to get someone to answer my tax questions.

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This sounds like a scam. The IRS phone systems are notoriously bad and I highly doubt some random service can "cut the line" for you. Plus they probably charge an arm and a leg for something you could do yourself with enough patience.

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Hannah Flores

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It doesn't keep dialing for you - it uses a system that stays on hold for you. Think of it like having someone else wait in line while you go do other things. They use specialized dialing technology to maintain your place in the IRS queue, and when they detect that an agent is about to pick up, they call you to connect with the agent. I was skeptical too before trying it. I had already spent three days trying to get through to the IRS with no luck. With Claimyr, I got a call back in about 2 hours while I was working on other things, and was connected directly to an IRS representative who answered all my questions about how to report our home sale.

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I need to eat my words from my earlier comment. After another failed attempt to reach the IRS on my own (got disconnected after waiting 1.5 hours), I decided to try Claimyr out of desperation. It actually worked exactly as advertised. I submitted my request through their website, went about my day, and got a call about 3 hours later connecting me to an IRS agent. The agent confirmed exactly what I needed to know about reporting our home sale on separate returns and even helped me understand some nuances about basis adjustments for improvements we'd made. Huge time saver and the information I got was worth every penny since it potentially saved us from incorrectly reporting our sale. Sometimes you have to admit when you're wrong, and I was definitely wrong about this service.

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Grace Lee

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Something important no one mentioned - if you're in a community property state (AZ, CA, ID, LA, NV, NM, TX, WA, WI), the rules are completely different! You don't necessarily split 50/50 based on whose name is on the deed. Instead, you split based on whether the property is considered separate or community property. If you bought the house during marriage with community funds, you each report 50% of the gain regardless of whose name is on the title. But if one of you owned it before marriage or bought it with separate funds (like inheritance), the split could be different. The 1099-S doesn't determine the split - ownership does.

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Amara Torres

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Thanks for bringing this up! We're in Florida, which isn't a community property state, but this is really helpful info. Does being in a non-community property state mean we definitely split based on the deed/title ownership? Our deed has both our names on it as joint tenants.

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Grace Lee

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Yes, in non-community property states like Florida, you would generally split based on legal ownership as shown on the deed. Since you're joint tenants with both names on the deed, the presumption would be a 50/50 split unless you have documentation showing a different ownership percentage. This is simpler than community property states where the source of funds and timing of purchase relative to marriage date can complicate things. With joint tenancy in Florida, each of you would report 50% of the proceeds and 50% of the basis on your separate returns, and each could claim the $250,000 exclusion (assuming you meet the residency requirements).

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Mia Roberts

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Make sure u also consider what happens with state taxes! Some states follow federal MFS rules but others dont. We almost messed this up cuz our state (Oregon) had different rules for MFS filers selling a home than the federal govt does.

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The Boss

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What were the differences in Oregon? I'm in NC and now I'm worried about state-specific issues too.

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I went through this exact situation last year and want to share what I learned. The key thing is to make sure you're splitting based on actual ownership, not just convenience. Since you mentioned the deed has both your names and you're in Florida (non-community property state), you'll each report 50% of the sale. One thing that caught me off guard was tracking down all the documentation for basis adjustments. Keep receipts for any major improvements you made - new roof, HVAC system, kitchen remodel, etc. These increase your basis and reduce your taxable gain. I found old receipts in my files that saved us about $15,000 in reportable gain. Also, don't forget about selling expenses like realtor commissions, title insurance, and closing costs - these reduce your proceeds and lower your gain. Each of you can deduct 50% of these costs on your respective returns. The $250,000 exclusion per person when filing separately is usually more than enough for most people, but make sure you both meet the 2-out-of-5-years residency test independently. Good luck!

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Zoe Gonzalez

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This is really helpful advice! I'm curious about the documentation aspect - how far back should someone typically look for improvement receipts? We've lived in our house for about 8 years and I know we've done various projects over time, but I'm not sure what counts as a "major improvement" vs regular maintenance. Also, do you happen to know if things like landscaping or fence installation would qualify for basis adjustments?

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