Selling a multi-family property I've lived in for 2 of 5 years - accountant says tax implications are "complicated" - is this normal?
So I'm looking to sell my multi-family property (4 units) that I've been living in for the past 2 out of 5 years. I reached out to my accountant to get an idea of what I'd be facing tax-wise, specifically what I'd owe for federal and state taxes, and whether I'd have to pay capital gains tax. What's weird is that when I asked him a similar question about a year or two ago, he gave me a straightforward answer no problem. But this time around, he's being really vague. Here's our email exchange: Me: "Hey. Replying to an old email as I've finally decided to sell. With the current market, I'm asking for $825K. Would you be able to tell me how much I would pay in taxes? I've lived in it for the past 2 out of 5 years, does that mean I wouldn't pay capital gains tax on the property? And I'll be using an agent, if that helps. You're super helpful. Thank you so much." Accountant: "Calculation of the tax on the sale of property is seriously complicated and is affected by many other items. So I can do the work but certainly you could not rely on the results as there is not a complete picture." Is this normal? I just want a ballpark figure of what to expect. I thought the 2-out-of-5-years rule was pretty straightforward for primary residence exemptions. Anyone have experience with this?
23 comments


Diez Ellis
The reason your accountant is being cautious now is because selling a multi-family property where you've lived in one unit is more complicated than a single-family home sale. Yes, the 2-out-of-5 years rule does apply, but only to the portion you used as your primary residence. For a 4-unit building, you'd typically get the capital gains exclusion (up to $250K for single filers or $500K for married filing jointly) only on 25% of the gain (1 out of 4 units). The other 75% would still be subject to capital gains tax. Additionally, if you've been claiming depreciation on the rental portions (which you should have been), you'll need to recapture that depreciation at a 25% tax rate regardless of the exclusion. Other factors that complicate the calculation: how long you've owned it, whether you're doing a 1031 exchange, your other income for the year, state-specific rules, and whether you've made significant improvements that would adjust your cost basis. Your accountant is right that it's complicated, and giving you an exact number without all the details would be irresponsible.
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Noland Curtis
•Thanks for the detailed explanation. I didn't realize the primary residence exclusion would only apply to the 25% I actually lived in. That makes sense why it's more complicated than I thought. Two follow-up questions: 1) If I've owned the property for 7 years total, does that change anything? 2) Would it make sense to live in each unit for some period of time before selling to try to get the exclusion for the entire building?
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Diez Ellis
•Owning the property for 7 years doesn't change the exclusion rules, but it does affect your overall capital gains calculation. The longer you've owned it, the more depreciation recapture you'll likely face on the rental portions. No, unfortunately living in each unit sequentially wouldn't help with the exclusion. The IRS looks at how the property was used at any given time. Moving from unit to unit doesn't transform the entire building into your primary residence. The exclusion is specifically calculated based on the percentage of the property used as your primary residence versus rental use. If you want a rough estimate, you'll need to gather: original purchase price, capital improvements made, depreciation taken, expected sale price, and your expected income for the year. With those numbers, your accountant could give you a reasonable estimate of the tax implications.
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Vanessa Figueroa
After months of headaches trying to figure out exactly what I'd owe on my duplex sale (lived in half, rented half), I found an amazing tool called taxr.ai (https://taxr.ai) that actually made sense of all this complicated tax stuff. My situation sounds similar to yours - I had the 2-out-of-5 years residence in one unit but was totally confused about how the capital gains exclusion would apply. My accountant was also giving me vague answers that left me frustrated. The tool analyzed my specific situation with the partial personal use of a multi-unit building and gave me a clear breakdown of what portion would be exempt from capital gains, what depreciation recapture I'd face, and even identified some capital improvements I had forgotten about that reduced my overall tax burden significantly. Seriously saved me thousands.
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Abby Marshall
•Does it handle complicated situations like 1031 exchanges? I'm considering selling my triplex but might want to roll the proceeds into another investment property.
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Sadie Benitez
•I'm skeptical. How does it know all the depreciation you've taken over the years? And what about state-specific rules? My state has weird capital gains calculations that don't match federal.
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Vanessa Figueroa
•It absolutely handles 1031 exchanges - it walked me through the qualification requirements and timing restrictions, plus showed me the tax differences between doing an exchange versus a standard sale. Super helpful if you're on the fence about which direction to go. Regarding the depreciation and state rules - you input your past tax information (it can even import from major tax software you've used), and it has specific calculations for different states' tax rules. I'm in California which has some of the most complicated rules, and it handled everything correctly. It even flagged when my previous accountant had calculated my depreciation incorrectly a few years back!
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Sadie Benitez
Ok I have to admit I was wrong about taxr.ai. After commenting yesterday I was still struggling with figuring out my multi-family property sale taxes so I decided to give it a try. The analysis it gave me was incredibly detailed and actually made sense! It correctly identified that I could exclude about 33% of my gains (the portion of my triplex I used as my residence) and gave me a complete breakdown of depreciation recapture taxes I'd owe on the rental portions. Even better, it found some capital improvements I'd made that my accountant had missed which increased my cost basis by about $38K. Most importantly, it explained everything in plain English alongside the calculations. Going from "it's complicated" to actual numbers I could plan around made a huge difference in my selling decision. Definitely worth checking out if you're in this situation.
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Drew Hathaway
After dealing with a similar multi-family property sale last year, I can tell you contacting the IRS directly for clarification might help. BUT... good luck actually reaching them! I spent 4+ hours on hold multiple times and kept getting disconnected. Finally discovered Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in under 20 minutes. They have this interesting system that navigates the IRS phone tree and waits on hold for you, then calls you when an agent picks up. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS specialist I spoke with clarified exactly how the primary residence exclusion works with multi-family properties and confirmed what portion of my sale was eligible for capital gains exclusion. This was way more helpful than the vague answers my accountant was giving me.
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Laila Prince
•Wait, how exactly does this work? Do they just call the IRS for you? Couldn't they just listen in on your private tax info?
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Isabel Vega
•Yeah right. Nothing gets you through to the IRS faster. I've tried everything and still end up waiting hours or getting disconnected. No way this actually works like they claim.
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Drew Hathaway
•They don't call the IRS for you in the way you're thinking. The system dials in, navigates the menus, and waits on hold. Then when a human IRS agent answers, their system calls your phone and connects you directly. There's no third party listening - they're just handling the hold time and menu navigation part. The skepticism is totally understandable. I felt the same way until I tried it. What convinced me was that they don't charge anything unless they actually get you connected to an agent. After wasting literally days of my life on hold with the IRS, spending 20 minutes working on other things while their system waited on hold was a game-changer.
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Isabel Vega
Alright, I need to publicly eat my words here. After posting that skeptical comment yesterday, I was still desperate to talk to the IRS about my rental property sale, so I figured what the hell, might as well try Claimyr. I'm still in shock that it actually worked exactly as advertised. I tried calling the IRS directly first (for comparison) and hit a 2+ hour estimated wait time. Then I used Claimyr, went back to preparing some documents, and about 15 minutes later my phone rang with an IRS agent on the line! The agent walked me through exactly how the Section 121 exclusion applies to my multi-unit property and even explained how to properly calculate the basis adjustment. Solved in one call what my accountant had been wishy-washy about for weeks. For anyone dealing with complicated property sale tax questions, actually speaking with the IRS directly cleared up so much confusion.
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Dominique Adams
Been through this exact situation. The reason your accountant can't give you a firm number is because there are too many variables they don't know yet: 1) Final selling price (offers can go above or below asking) 2) Seller concessions after inspection 3) Agent commissions and closing costs (deductible from your gain) 4) Whether you've made capital improvements that adjust your basis 5) Your other income for the year (affects your total tax bracket) 6) Whether you've used part of the property for a home office (complicates the calculation) For your 4-unit where you lived in 1 unit, the capital gains exclusion ($250K single/$500K married) only applies to 25% of your gain. The other 75% will be taxed as capital gains, AND you'll have depreciation recapture at 25% rate for all depreciation you claimed (or should have claimed) on the rental units. Your accountant is actually being responsible by not giving you a number they can't stand behind.
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Marilyn Dixon
•If they only lived in the property for 2 years total (not the full ownership period), wouldn't the exclusion be even less than 25%? Like wouldn't you have to prorate it based on the 2/7 of the time they actually lived there?
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Dominique Adams
•No, that's a common misconception. The 2-out-of-5 years rule just determines whether you qualify for the exclusion at all. As long as you've lived in the property as your primary residence for at least 2 years during the 5-year period before the sale, you qualify. The percentage of the exclusion you get is based on space, not time. Since they lived in 1 unit out of 4, they get 25% of their gain potentially excluded. If they'd lived in 2 units, it would be 50%, etc. The only time proration by time comes into play is if you don't meet the full 2-year requirement but qualify for a partial exclusion due to job change, health reasons, or unforeseen circumstances.
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Louisa Ramirez
I've been an agent for multi-family properties for over a decade, and your accountant is absolutely right to be careful here. I've seen so many sellers get shocked by their tax bills because they misunderstood how the primary residence exclusion works with multi-unit properties. Quick tip: Make sure you have detailed records of ALL capital improvements you've made to the property since purchase. This includes roof replacement, HVAC upgrades, kitchen renovations, etc. These all increase your "basis" in the property and reduce your taxable gain. If you don't have receipts, try to gather credit card statements, bank withdrawals, contractor invoices, or anything that documents these expenses. Also, if you did any repairs/improvements yourself, the materials cost can be added to your basis even if you didn't pay for labor. This is something many property owners miss.
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Noland Curtis
•Thanks for the tip! I actually did a bunch of work myself - new kitchen in my unit, bathroom renovations, and some shared improvements like landscaping and exterior paint. Would the shared improvements be fully counted or only partially since they apply to the whole building?
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Louisa Ramirez
•Great question! Improvements that benefit the entire property (like exterior paint, landscaping, roof, etc.) should be fully counted in your cost basis regardless of which unit benefits. The IRS doesn't require you to prorate these common-area improvements. For unit-specific improvements, you'd count 100% of the improvements to your personal unit, plus 100% of improvements to any rental units as well. It all increases your overall property basis. Document everything you can - even take "after" photos of improvements if you have them. The more documentation you have, the better position you'll be in if you're ever questioned about these improvements. Also, some improvements from many years ago might have already been depreciated if they were for the rental portions, so your accountant will need to factor that in too.
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CosmicCaptain
Your accountant's caution is completely justified here. Multi-family property sales where you've lived in one unit are among the most complex tax situations in real estate. Beyond what others have mentioned about the 25% primary residence exclusion and depreciation recapture, there are additional complications your accountant is likely considering: 1) **Mixed-use property allocations** - The IRS requires you to allocate expenses, improvements, and depreciation between personal and rental use portions, which can get messy if you've made shared improvements over 7 years. 2) **State tax variations** - Some states don't follow federal capital gains rules and may tax the entire gain at ordinary income rates. 3) **Net Investment Income Tax** - If your income is high enough, you may owe an additional 3.8% tax on the rental portion gains. 4) **Potential audit triggers** - Mixed-use property sales often get IRS scrutiny, so your accountant wants to ensure everything is bulletproof. Rather than asking for a final number, try asking your accountant for a range based on different scenarios (like if you sell for asking price vs. 10% above/below). This gives you planning numbers while acknowledging the variables they can't control yet. The complexity is real, but it's manageable with proper documentation and realistic expectations about the tax liability.
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Harper Thompson
•This is exactly the kind of comprehensive breakdown I was hoping to get from my accountant! The mixed-use property allocations point really hits home - I've definitely made improvements over the years that benefited both my unit and the rental units, so I can see how that would complicate things. The Net Investment Income Tax is something I hadn't even considered. Do you know what the income threshold is for that? I'm wondering if selling this year vs next year could make a difference in whether I hit that threshold. Also, asking for a range based on different scenarios is a great suggestion. I think part of my frustration was expecting a single definitive number when there are clearly too many variables still in play. I'll reach back out to my accountant with this approach.
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Dananyl Lear
Your accountant is being appropriately cautious, and here's why this situation is genuinely complex beyond just the basic 2-out-of-5 rule: **Primary residence exclusion complexity**: You'll only get the capital gains exclusion on 25% of your gain (the portion you lived in). But calculating that "gain" isn't straightforward when you've been depreciating 75% of the property for years. **Depreciation recapture nightmare**: Every dollar of depreciation you've claimed (or should have claimed) on the rental units over 7 years gets "recaptured" and taxed at 25%. If you haven't been taking depreciation deductions, the IRS still treats it as if you did for recapture purposes. **Section 1250 vs 1202 considerations**: Different parts of your gain may be taxed at different rates depending on how long you've owned it and your income level. **Documentation requirements**: The IRS scrutinizes mixed-use property sales heavily. Your accountant knows that giving you a number now without proper documentation review could leave you exposed later. My suggestion: Ask your accountant to walk you through the calculation methodology and what specific documents they need from you. Then you can at least understand the framework even if the final number has to wait until closing. The "it's complicated" response, while frustrating, is actually protecting you from nasty surprises down the road.
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Nora Bennett
•This breakdown really helps clarify why my accountant was being so cautious! The depreciation recapture point is particularly eye-opening - I had no idea that even if I didn't claim depreciation deductions, the IRS would still treat it as if I did for recapture purposes. That seems like it could be a significant tax hit I wasn't expecting. One question about the documentation requirements you mentioned - what specific records should I be gathering now to make this process smoother? I have most of my purchase documents and major improvement receipts, but I'm wondering if there are other things I should be digging up that might not be obvious. Also, when you mention Section 1250 vs 1202 considerations, could you elaborate on what triggers the different tax treatments? I want to make sure I understand all the moving pieces before I sit down with my accountant again.
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