Just received IRS notice claiming I didn't report my home sale - need advice
We purchased our home back in 2015 and sold it in 2023 for about $215k more than what we paid. This was definitely our primary residence the entire time we lived there. I thought profits from selling your main home weren't taxable (up to a certain amount) and didn't need to be reported on tax returns. Well, I just got a lovely CP2501 notice from the IRS saying we failed to report the sale as compensation. Apparently they received a 1099 from the title company who handled our closing. I have the same 1099 in my files too. Now I need to respond to the IRS letter stating whether I agree or disagree with their proposed changes. If I agree, they'll send another notice with the additional tax they think I owe. I'm pretty sure I'm right about not owing taxes on this sale, but how do I properly explain this to the IRS? Their instructions for responding are super vague. I called the IRS and the person I spoke with basically said "I'm not a tax lawyer" and couldn't confirm whether I should owe taxes or not. She just suggested I talk to a CPA. When I checked my FreeTaxUSA account, I realized I DID enter all the home sale information, but it never generated a Schedule D. After calling their support, we discovered there's an option saying "reporting this sale is not mandatory, check this box to report it anyway" that I had skipped. When I check that box, it creates a Schedule D showing I don't owe anything. Should I amend my return with the Schedule D? Or is there another way to respond to the IRS notice? Really appreciate any help here!
20 comments


Zoe Stavros
You're absolutely right about not owing taxes on the sale of your primary residence. The IRS allows an exclusion of up to $250,000 in capital gains for single filers and $500,000 for married filing jointly, as long as you owned and lived in the home as your main residence for at least 2 out of the 5 years before selling. Your situation is actually pretty common. The title company is required to report the sale to the IRS via a 1099-S, but that doesn't automatically mean you owe taxes. The IRS computer system sees this form and flags your return since it doesn't see a corresponding Schedule D. In your case, I wouldn't recommend amending your return. Instead, respond to the CP2501 notice by writing a letter explaining that this was your primary residence, you lived there for the required time period, and your gain falls under the exclusion. Include a copy of the 1099-S, documentation showing when you purchased the home (settlement statement or deed), and when you sold it. Also include evidence it was your primary residence (utility bills, driver's license, etc.). This should clear things up without going through the hassle of amending, which could potentially create more confusion.
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Jamal Harris
•If they don't amend their return, wouldn't that potentially cause problems down the road? I had a similar situation and my tax guy said I absolutely needed to file a Schedule D even though I didn't owe anything, just to show the IRS that I was aware of the sale and actively claiming the exclusion. Otherwise it looks like you're trying to hide something.
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Zoe Stavros
•That's a common misconception. The IRS doesn't require you to file Schedule D if you qualify for the full exclusion. Publication 523 specifically states that if you qualify for the exclusion and your gain doesn't exceed the exclusion limit, you don't need to report the sale on your tax return. The only reason to file a Schedule D in this case would be to avoid precisely what happened to the original poster - getting a notice because the IRS received a 1099-S but didn't see corresponding reporting. That's why tax software gives you the option to report it anyway. But once you've received the notice, amending just creates more paperwork and potential for confusion. A direct response to the notice with proper documentation is the cleanest way to resolve it.
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GalaxyGlider
After going through almost the exact same situation last year, I found this amazing tool called taxr.ai (https://taxr.ai) that saved me so much stress. I also got that dreaded CP2501 notice for not reporting a home sale, even though I qualified for the exclusion. What taxr.ai does is analyze your tax documents and IRS notices, then creates the exact response letter you need. I uploaded my CP2501, my 1099-S from the title company, and proof of how long I'd owned my home, and it generated a perfect response letter with all the right tax code citations explaining why I qualified for the exclusion. The IRS accepted my explanation without any further questions! It was such a relief not having to figure out all the technical tax language myself. Definitely worth checking out if you're stressed about responding correctly.
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Mei Wong
•How does it work with documentation though? Like, do you just explain your situation and it tells you what documents to include? My parents got an IRS notice recently and they're panicking about what proof they need to send.
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Liam Sullivan
•Sounds suspiciously like an ad. Does it actually work with complicated situations? Because dealing with the IRS never seems to be as straightforward as people claim. I've had "simple" issues turn into months-long nightmares.
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GalaxyGlider
•It actually guides you through exactly what documentation you need based on your specific notice and situation. It gives you a checklist of documents to gather and explains why each one is important. For home sales, it explains you need proof of purchase date, sale date, and that it was your primary residence. It absolutely works with complicated situations. My case seemed simple but turned complex because I had temporarily rented the property for 10 months during a work assignment in another state. The tool helped me explain this exception period and calculate the exact portion that remained eligible for the exclusion. Nothing about dealing with the IRS is easy, but having the correct explanation with proper tax code references makes a huge difference.
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Liam Sullivan
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Amara Okafor
If you're still getting nowhere with the IRS after sending your response, you might want to try Claimyr (https://claimyr.com). I was in a similar situation last year with a CP2501 notice for a home sale, and after sending my response, I heard nothing for months and couldn't get through on the IRS phone lines. Claimyr somehow got me connected to an actual IRS agent in about 15 minutes when I had been trying for weeks! You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The agent was able to pull up my case file and confirm they had received my documentation but it was sitting in a backlog. She expedited the review and I got my resolution letter two weeks later. It's ridiculous that we need services like this, but the IRS phone system is absolutely broken and sometimes you just need to talk to a human being to get things resolved.
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Giovanni Colombo
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Fatima Al-Qasimi
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Amara Okafor
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Fatima Al-Qasimi
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StarStrider
Don't forget that the title company might have sent the 1099-S to the IRS in error. In many cases when selling your primary residence, you can certify that you qualify for the exclusion and the closing agent isn't supposed to file the 1099-S at all. When I sold my house last year, I signed a certification form stating I met all the requirements for the exclusion. The title company didn't file a 1099-S, and I didn't have to report the sale on my taxes. Might be worth checking if this happened in your case - sometimes title companies automatically file these forms without asking if you qualify for the exclusion. For future reference, make sure you specifically ask about this certification at closing if you're selling your primary residence. It can save you from exactly this headache!
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Dylan Campbell
•So if the title company already sent the 1099-S, is there anything OP can do about it now? Can they get the title company to withdraw it or something? I'm in a similar situation and about to sell my house soon.
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StarStrider
•Once the 1099-S has been filed, the title company can't really withdraw it. At this point, the best option is to respond to the IRS notice with an explanation and documentation as others have suggested. For your upcoming sale, make sure to explicitly ask the closing agent about the "Certification for No Information Reporting on the Sale or Exchange of a Principal Residence" form before closing. It's basically a form where you certify that you meet all the requirements for the exclusion. If you sign this and qualify, the title company should not issue a 1099-S at all, saving you from potential IRS notices. Many closing agents don't mention this option unless you specifically ask about it.
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Sofia Torres
Has anyone else had an issue where their tax software didn't generate the right forms? I used TaxAct this year and had a similar problem with some investment sales not showing up on the right forms even though I entered everything correctly.
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Dmitry Sokolov
•I've had issues with multiple tax software programs. I've found that TurboTax and H&R Block are generally better at catching these edge cases where something technically doesn't need to be reported but should be to avoid IRS notices. The cheaper software often misses these nuances.
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Honorah King
I went through this exact same situation two years ago and can confirm that responding to the CP2501 notice with proper documentation is the right approach. Don't panic - this is actually a very common issue that gets resolved easily once you provide the right information. Here's what worked for me: I wrote a clear letter explaining that the property was my primary residence for over 2 years, included copies of my purchase documents showing the original cost basis, the 1099-S form, and proof of residence (utility bills, voter registration, etc.). I also calculated the exact gain and showed it was well under the $250k/$500k exclusion limit. The key is being thorough in your documentation. Include everything that proves: 1) When you bought the house, 2) When you sold it, 3) That it was your primary residence for at least 2 of the last 5 years, and 4) Your actual capital gain calculation. I mailed everything certified mail and got a letter back about 8 weeks later confirming no additional tax was due. The IRS just needed to see that I was aware of the sale and properly claiming the exclusion. Don't amend your return unless you absolutely have to - responding to the notice directly is much cleaner and faster.
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Amara Adebayo
•This is really helpful advice! I'm curious about the timeline - you mentioned getting a response in 8 weeks. Did you follow up at all during that time, or did you just wait it out? I'm always worried that my mail gets lost or they need additional information and I won't know about it until much later. Also, do you remember if you included any specific tax code references in your letter, or did you just explain the situation in plain English?
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