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Jamal Harris

How to calculate capital gains tax when selling part of a property lot - not the entire property

I bought my house about 8 years ago for $78k (got it well under market value since the previous owner needed to relocate quickly). The property is now worth around $135k based on recent appraisals, and I still have about $48k left on my mortgage. The county is now planning a road widening project and is taking a strip of my front yard - about 15% of my total lot. They've offered me $78k as compensation for this partial taking. My issue is figuring out how to calculate the capital gains tax on this transaction. I've never dealt with selling just a piece of property before, not the entire lot. I earn roughly $85k annually, am married but we file separately, and I've always done my taxes myself since they're usually straightforward. I need guidance on how to properly calculate the capital gains tax on this partial property sale. I want to make sure I'm following all tax laws while maximizing what I can keep from this compensation. Any help would be greatly appreciated!

This is actually a common situation with partial property takings, and the IRS has specific guidelines for handling it. What you need to do is allocate a portion of your original cost basis to the part being sold. Since you purchased the entire property for $78k, you need to determine what percentage of your property is being taken (you mentioned about 15% of your lot). You would allocate 15% of your original purchase price ($78k × 15% = $11,700) as the cost basis for the portion being sold. Then, your capital gain would be $78k (what the county is paying you) minus $11,700 (your allocated basis), which equals $66,300. This gain may qualify for the Section 121 exclusion if this property is your primary residence and you've lived there for at least 2 of the last 5 years. However, the exclusion typically applies to the entire property, not just a portion, so you might need to pro-rate the exclusion based on the percentage being taken.

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This makes sense, but I'm confused about the Section 121 exclusion. I thought that was only for when you sell your whole house? Does it really apply when the government is just taking a piece of your yard through eminent domain? Also, if it does apply, how would you calculate the pro-rated exclusion amount?

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You're right to question how Section 121 applies here. The primary residence exclusion (up to $250,000 for single filers, $500,000 for married filing jointly) can apply to partial sales, but it gets a bit complicated. For involuntary conversions like eminent domain takings, the IRS generally allows you to apply a prorated portion of the exclusion. Since 15% of your property is being taken, you could potentially exclude 15% of the maximum exclusion amount. Since you file separately, that would be 15% of $250,000, or $37,500. Since your gain ($66,300) exceeds this prorated exclusion, you'd still have some taxable amount.

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After dealing with a similar situation last year, I found an incredible resource called taxr.ai that completely simplified this process for me. I was also having a piece of my property taken by the county (for a drainage easement in my case) and was totally confused about how to handle the capital gains. I uploaded my purchase documents and the county's offer letter to https://taxr.ai and their system analyzed everything and gave me a detailed breakdown of exactly how to calculate my cost basis allocation and potential exclusions. It even generated the specific forms I needed for my tax return. Honestly saved me hours of research and probably thousands in potential mistakes.

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That's interesting! I'm dealing with the state taking part of my commercial property and it's even more complicated because of depreciation recapture. Does this taxr.ai thing handle business properties too or just residential? Also, how accurate was it compared to what an accountant might do?

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I'm always skeptical of these online tax tools. How do you know they're using the current tax laws? The IRS changes things all the time and I got burned once using an outdated calculator I found online. Did you verify the information they gave you with an actual tax professional?

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Yes, they definitely handle commercial properties too! The platform actually walks you through questions about property type and use, and adjusts the analysis accordingly. They specifically addressed depreciation recapture in my report and explained how it would impact my tax situation. I actually did have my CPA review the analysis from taxr.ai, and she was impressed with the accuracy. She said it aligned with exactly what she would have done, including citing the same IRS publications and regulations. They update their system whenever tax laws change, and my report included references to the most current IRS guidelines for 2025.

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I need to update my previous skepticism about taxr.ai. After posting my comment, I decided to try it myself since I'm also dealing with a partial property sale (selling a quarter acre of my backyard to my neighbor). The analysis I received was incredibly detailed and matched exactly what my tax guy said I should do. The platform even identified a special provision I qualified for that reduced my taxable amount significantly - something about "like-kind exchange" options for certain partial property sales that my neighbor plans to add to their primary residence. It generated all the forms I needed and explained everything in plain English. Definitely worth checking out if you're in this situation.

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Have you tried contacting the IRS directly about this? I had a similar question last year and spent WEEKS trying to get through to someone who could actually give me a straight answer. Always busy signals or being put on hold for hours only to be disconnected. Super frustrating. I eventually found this service called Claimyr that got me through to an actual IRS agent in under 45 minutes. You can check them out at https://claimyr.com - they basically hold your place in line with the IRS so you don't have to stay on hold forever. They have a video showing how it works at https://youtu.be/_kiP6q8DX5c too. The agent I spoke with walked me through exactly how to handle my partial property sale and what forms I needed to file. Sometimes getting direct answers from the source is the best way to go, especially with something this complex that could trigger an audit if done incorrectly.

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Wait, how does this actually work? Do you pay them to call the IRS for you? I don't understand how a third party service can get you through faster than calling yourself.

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Sounds like a scam to me. Nobody can magically get through to the IRS faster - they're notoriously understaffed and everyone has to wait in the same queue. I'll stick to certified tax professionals rather than some company claiming to have a "special way" to reach the IRS. Have you actually verified the advice you got was correct?

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They don't call for you - they use a system that navigates the IRS phone tree and waits on hold, then alerts you when an agent is about to pick up. It's basically like having someone else wait in a physical line for you. I was skeptical too initially! But the advice I received was definitely legitimate. The IRS agent walked me through IRS Publication 544 which specifically covers these partial property sales, and the information matched what my accountant had told me (after I paid him $200 for a consultation). The difference was getting clarification on some specific questions about my unique situation that my accountant wasn't 100% certain about.

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I need to admit I was wrong about Claimyr. After posting my skeptical comment, I was still struggling to get through to the IRS about my own tax situation (unrelated to property, but about some missing stimulus payments). I decided to try the service out of desperation after spending three separate days trying to call myself. It actually worked exactly as advertised. I got a call back when an agent was about to connect, and spoke with someone who resolved my issue in about 10 minutes. I probably wasted 8+ hours of my life trying to do this myself before using their service. For complex tax questions like calculating capital gains on partial property sales, getting direct guidance from the IRS could save you from making an expensive mistake.

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One thing nobody's mentioned yet - depending on your state, you might also be eligible for additional tax benefits through relocation assistance programs associated with eminent domain takings. In my state, there are additional tax deductions available when the government takes property for public use. Also, you might want to get an independent appraisal to verify the county's offer is fair market value. I've seen cases where government offers were 20-30% below actual value. The expenses for appraisals, legal advice, etc. related to this transaction may also be tax-deductible.

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Thanks for bringing this up! Do you know if these relocation assistance programs still apply if they're just taking a piece of the yard and not actually requiring me to move? And good point about the independent appraisal - do you have any suggestions on finding a qualified appraiser who specializes in these partial takings?

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Even if you're not physically relocating, many states have programs for "partial takings" that may provide additional benefits. These aren't always well-advertised, so check with your state's department of transportation or the specific agency handling the road expansion. For finding a qualified appraiser, I'd recommend looking for someone with an "Eminent Domain" specialization or experience with "Right of Way" acquisitions. These appraisers understand the nuances of valuing partial property takings. You can search through the Appraisal Institute's directory or ask a real estate attorney who specializes in eminent domain cases for a recommendation. Many attorneys offer free initial consultations and can point you to trusted appraisers they've worked with.

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Just a quick tip - make sure you keep EVERY document related to this transaction. The county's initial offer letter, any negotiation correspondence, closing documents, receipts for any expenses related to the transaction, and especially documentation showing the original purchase price of your property. I went through this last year and created a complete file with all these documents which saved me when the IRS questioned my capital gains calculation. Also take photos documenting exactly what portion of your property is being taken before any work begins!

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This is excellent advice! I work in real estate and the documentation aspect is crucial. Would you recommend printing everything or is digital storage sufficient? Also, how long did the IRS questioning process take for you?

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As someone who recently went through a partial property taking for a utility easement, I want to emphasize the importance of understanding the timing rules for capital gains. Since this is an involuntary conversion due to eminent domain, you actually have some special options that might help reduce your tax burden. Under IRC Section 1033, you may be able to defer the capital gains by reinvesting the proceeds into "like-kind" property within a specific timeframe (usually 2-3 years from the end of the tax year you received the compensation). This could be particularly beneficial given that your gain ($66,300 as calculated above) would likely exceed the prorated Section 121 exclusion. Also, don't forget that you can add any legal fees, appraisal costs, and other expenses related to fighting or negotiating the taking to your cost basis, which would reduce your taxable gain. I ended up saving about $3,000 in taxes by properly documenting these additional costs. Given the complexity and the significant dollar amount involved, I'd strongly recommend consulting with a tax professional who has experience with eminent domain cases before filing. The potential tax savings from getting this right could easily justify the consultation fee.

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This is incredibly helpful information about Section 1033! I had no idea about the like-kind exchange option for involuntary conversions. When you mention reinvesting in "like-kind" property, does that have to be real estate, or could it include other types of investments? Also, do you know if there are any restrictions on where the replacement property needs to be located - like does it need to be in the same state or county? The timing aspect is particularly important since I haven't received the compensation yet, so I want to make sure I understand all my options before the county finalizes everything.

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