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Lourdes Fox

IRS claiming taxes due on home sale - need help understanding primary residence tax exemption!

So we sold our family home back in 2023 and now the IRS has sent us this lovely letter saying my mom owes a ton in taxes unless we amend her return to show we qualified for the home sale tax exemption. I've been digging through Publication 523 trying to make sense of all this, and from what I can tell, we should absolutely qualify! Here's our situation - Mom is filing as Single and she both owned and lived in the house for way more than the required time (she bought it like 24 years ago). So that $250k exemption should definitely apply to us. The house sold for around $510k, and Mom originally paid about $155k for it back in the day. Most of that increase came from the crazy property values in our area - everyone's houses went up like mad. We did do some updates over the years - renovated the kitchen and put in new windows, but nothing major that would change the character of the exemption. The IRS letter is making it sound like we owe taxes on the full gain, which is freaking us out. Has anyone dealt with this kind of situation before? What documentation would we need to prove we qualify for the exemption? Any help would be really appreciated!

Bruno Simmons

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The good news is this is likely just a matter of paperwork rather than actually owing taxes. Based on what you've described, your mom should qualify for the $250k primary residence exclusion under Section 121 of the tax code. What probably happened is that the IRS received the 1099-S form from the sale but didn't see the exemption properly claimed on the tax return. Since your mom owned and lived in the home as her primary residence for at least 2 of the last 5 years before the sale, she should qualify. You'll need to file Form 1040-X to amend the return. Make sure to include Schedule D and Form 8949 to report the sale and apply the exclusion. Calculate the capital gain by taking the selling price ($510k), subtracting selling expenses and your mom's basis in the home ($155k plus the cost of improvements like the kitchen renovation and windows). On the 8949, you'll report the sale but check the box that excludes it from taxation based on the primary residence exclusion. Keep good records of the home's purchase, the sale, and any substantial improvements that would increase the basis.

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Lourdes Fox

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Thank you so much for this detailed explanation! I wasn't sure which forms we needed. When you mention "selling expenses" - would that include the realtor commission and other closing costs? Also, do we need receipts for all the improvements we made over the years? Some of them were done like 15+ years ago.

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Bruno Simmons

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Yes, selling expenses absolutely include realtor commissions, closing costs, legal fees, and any other direct costs of selling the home - these all reduce the taxable gain. For improvements, receipts are ideal but not always required if you can reasonably document them another way. Focus on substantial improvements that added value (like your kitchen and windows) rather than regular repairs or maintenance. If you don't have receipts for older improvements, create a list with estimated dates, descriptions, and costs based on your best recollection. Photos showing before/after, bank statements, or even statements from contractors who did the work can help support your claims.

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After reading your post, I thought I'd mention that I was in almost the exact same situation last year. The IRS claimed I owed taxes on my home sale even though I qualified for the exemption. I spent hours trying to figure things out until someone recommended I try taxr.ai (https://taxr.ai). It saved me SO much stress. The system analyzed my documents and situation, then walked me through exactly which forms to fill out and how to properly claim the Section 121 exclusion on my amended return. It even helped me identify legitimate improvement expenses I hadn't thought to include that increased my basis. The IRS accepted my amended return without any issues after that. I was really impressed by how it simplified what seemed like a complicated tax situation.

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Zane Gray

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How does taxr.ai work with property sales specifically? I'm about to sell my house and want to make sure I do it right the first time. Did you upload your closing documents and everything?

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I've heard mixed things about AI tax tools. Can it really handle something as complex as property sales with all the specific IRS exemption rules? Seems like something you'd need a real tax pro for.

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For property sales specifically, you upload your closing documents from both the purchase and sale, plus any documentation of improvements. The system extracts all the relevant data and walks you through the Section 121 rules step by step to determine if you qualify for the exemption. It then guides you through reporting it correctly. While I was initially skeptical about AI for tax help too, I found it actually works really well for specific situations like property sales because the rules are complex but fairly well-defined. It saved me from paying for an expensive tax professional, though you can also use it to double-check your current tax preparer's work or get a second opinion.

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Zane Gray

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Just wanted to update after trying out taxr.ai for my home sale situation. I was about to hire an expensive tax attorney, but decided to try this first and I'm glad I did! The system immediately identified that I qualified for the Section 121 exemption and showed me exactly how to document it properly. What surprised me was how it caught things my tax software completely missed. It walked me through calculating my adjusted basis including improvements I'd made over the years, and even explained which selling expenses could be deducted to further reduce any taxable portion. The step-by-step guidance for filling out Schedule D and Form 8949 was incredibly helpful. For anyone dealing with property sale tax issues, it's definitely worth checking out. Saved me thousands in both potential tax liability and professional fees.

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If you're dealing with the IRS about this home sale issue, you might want to consider calling them directly to discuss your situation. When I needed to talk to the IRS about a similar issue, I used Claimyr (https://claimyr.com) to get through to an actual person. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was honestly shocked when I got through to an agent in about 20 minutes after spending days trying on my own and always getting the "call volume too high" message. The IRS agent I spoke with walked me through exactly what documentation they needed to see for my primary residence exemption and even noted in my file that I was submitting an amendment. Having that direct conversation probably saved me from back-and-forth letters that would have dragged on for months.

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Monique Byrd

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How does Claimyr actually work? I've tried calling the IRS so many times and just get the "all our representatives are busy" message before they hang up on me.

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This sounds like a scam. Why would I pay some third party just to make a phone call? The IRS eventually answers if you keep trying at different times of day. Waste of money if you ask me.

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It uses technology to navigate the IRS phone system and waits in the queue for you. When an agent is about to answer, you get a call connecting you directly to them. It essentially holds your place in line so you don't have to stay on hold for hours. You're right to be skeptical - I was too at first! But after spending three separate days trying to get through with no luck (even at "off-peak" hours), I was desperate. The way I see it, my time is worth something too. Being able to go about my day instead of sitting on hold for hours ended up being completely worth it when I got the exact information I needed directly from an IRS agent.

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I need to publicly eat my words about Claimyr. After more frustration trying to reach the IRS about my own tax situation, I broke down and tried it. I was connected to an IRS representative in about 15 minutes - after spending WEEKS trying to get through on my own. The agent I spoke with was actually super helpful and explained exactly which documentation I needed for my situation. They even put notes in my file about our conversation so when I send in my paperwork it should get processed correctly. I still think it's ridiculous we have to use services like this to reach a government agency we pay for with our taxes, but I can't argue with results. Having a direct conversation completely cleared up my confusion about the exemption requirements.

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Lia Quinn

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Don't forget to also review if you made any energy-efficient improvements to the house during ownership - some of those can be included in your basis calculation! We added solar panels, better insulation, and energy-efficient windows over the years we owned our home, and those all counted toward increasing our basis (which reduces the taxable gain). When we sold our primary residence, I created a detailed spreadsheet of all improvements with approximate dates and costs. The IRS accepted it without requiring additional documentation, though I did have photos of before/after for most projects just in case.

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Lourdes Fox

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That's great advice! We did replace all the windows with energy-efficient ones about 10 years ago, and the roof was replaced with better insulation. Would normal home maintenance like painting or fixing broken things count too? Or just improvements that increase the home's value?

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Lia Quinn

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You can only include capital improvements that add value to your home, prolong its useful life, or adapt it to new uses. The energy-efficient windows and better insulation definitely count! However, regular maintenance like painting, fixing leaks, or general repairs don't count since they just maintain the home's condition rather than improving it. Keep in mind that some projects have elements of both - for example, if you replaced a broken water heater with a standard new one, that's maintenance. But if you upgraded to a high-efficiency model that added value beyond just fixing what was broken, the difference in cost could be considered an improvement.

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Haley Stokes

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Doesn't this all depend on how the original tax return was filed? Did you actually report the home sale on the 2023 return in the first place? If not, that might be why the IRS is questioning it. When I sold my primary residence, I reported it on Form 8949 with code "H" to show it was my primary residence and excluded under Section 121, then carried that to Schedule D. If you just didn't report the sale at all (thinking you didn't need to because of the exclusion), that might be your problem.

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Asher Levin

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This is exactly what happened to me! I didn't report the sale at all because I knew I qualified for the exclusion. Then got a letter from the IRS saying I owed taxes on the full amount. Once I filed an amended return properly showing the sale and applying the exclusion, everything was resolved.

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Lourdes Fox

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Omg I think that's exactly what happened. My mom used one of those tax software programs and I don't think she ever entered anything about the house sale because she assumed she wouldn't owe taxes on it. So the IRS probably just got the 1099-S reporting the sale proceeds with no corresponding explanation on her return. This makes so much sense now!

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