Sold 2 Houses in Same Year - Do I Owe Capital Gains Tax?
I'm trying to figure out if I owe federal capital gains tax after selling two houses last year. Looking for some advice on this situation. The first house was my primary residence from March 2020 to April 2022. My brother moved in April 2022 and lived there until I sold it in March 2024. I didn't collect any rent from him, and I continued paying the mortgage the whole time. There wasn't any rental income or profit from this arrangement - was just helping family. The second house was also my primary residence (where I moved after leaving the first house). I lived there from April 2022 until July 2024 when I sold it (about 2 years and 3 months). The combined proceeds from both sales were around $325k, well under the $500k mark. I know selling multiple homes in the same year can trigger capital gains tax questions, but both properties were my primary residence for at least 2 years within the 5-year period before selling. Also, the first house wasn't generating any income and was just used to help out my brother. Do I need to pay federal capital gains tax on either of these houses? If I'm exempt, what specific regulation covers this kind of situation? Thanks for any help!
18 comments


Natasha Petrova
You've got a good understanding of the rules already! Based on what you've described, you likely don't owe capital gains tax on either property. For your first house, the key regulation is Section 121 of the Internal Revenue Code - the "ownership and use" test. Since you owned and used it as your primary residence for at least 2 years during the 5-year period before the sale (July 2018-July 2020), you meet the requirements for the capital gains exclusion, even though your brother lived there afterward. The fact that you didn't collect rent actually works in your favor here. For your second house, same deal - you met the 2-year ownership and use requirement within the 5-year period before sale. The tricky part is that you sold both in the same year, but Section 121 allows you to claim the exclusion on multiple properties as long as you haven't claimed it on another home within the past 2 years. Since these are your first sales in that timeframe, you should be good! The capital gains exclusion is up to $250,000 for single filers and $500,000 for married filing jointly. Since your combined proceeds were under $325k, you should be able to exclude all gains.
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Oliver Fischer
•Thank you for the detailed response! Just to clarify - even though the first house was only my primary residence until April 2022 and I didn't sell it until March 2024 (almost 2 years later), I'm still covered under Section 121 because I lived there for at least 2 years within the 5-year window before selling? Also, does it matter that I claimed the second house as my primary residence on my taxes while my brother was living in the first house?
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Natasha Petrova
•Yes, you're still covered under Section 121 for the first house. The law specifically requires that you owned and used the home as your main residence for at least 2 years during the 5-year period ending on the date of sale. Since you lived there from March 2020 to April 2022 (over 2 years) and sold it in March 2024, you fall within that 5-year window. It doesn't matter that you claimed the second house as your primary residence while your brother was in the first house. You can only have one primary residence at a time for tax purposes, which is appropriate since you were actually living in the second home. The important factor for the capital gains exclusion is meeting that 2-out-of-5-years test for each property, which you did.
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Javier Morales
I had a similar situation last year and found this awesome tool called taxr.ai (https://taxr.ai) that helped me figure out my capital gains situation. Basically, I uploaded my closing documents from both home sales and it analyzed everything to determine if I qualified for the Section 121 exclusion. The cool thing was it calculated my exact basis in each property and showed me how much of my gains were actually excluded. It even created a report explaining exactly which parts of the tax code applied to my situation. For your case, it would probably confirm what the other commenter said about Section 121, but with all the documentation to back it up if you're ever questioned.
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Emma Davis
•Did it help with figuring out the adjusted basis for the properties? I've heard calculating basis can get complicated if you've made improvements over the years. Can you upload renovation receipts and stuff too?
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GalaxyGlider
•I'm kinda skeptical about these online tools. How accurate is it compared to just talking to a CPA? I had a friend who used some tax software that missed a huge deduction that a human accountant caught right away.
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Javier Morales
•It absolutely helped with the adjusted basis calculations. You can upload receipts for home improvements, and it categorizes which ones actually add to your basis and which ones are just repairs (which don't). It even lets you add things like closing costs from your original purchase that get added to your basis. The accuracy has been spot-on in my experience. While a CPA might catch certain things through conversation, this tool actually applies the exact same tax code analysis that a tax professional would, but it's much more thorough with documentation. I actually showed the report to my accountant and he was impressed with how comprehensive it was. The difference is that this focuses specifically on real estate transactions rather than general tax advice.
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Emma Davis
Just wanted to update after trying taxr.ai that someone recommended above. It was actually super helpful for my situation which was similar to yours. I had two home sales but mine were a primary residence and a vacation home. The tool confirmed I qualified for the Section 121 exclusion on my primary home, but showed me exactly how much capital gains tax I owed on the vacation property (which I expected). What was really helpful was it showed me all the home improvements I could add to my basis that I had totally forgotten about - ended up saving me about $4,700 in taxes! It created this detailed report showing all the relevant tax code sections (including the 121 exclusion you're asking about) and even included the specific language from IRS publications. Definitely worth checking out if you want to be 100% sure about your situation.
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Malik Robinson
I know this frustration all too well - trying to get a straight answer from the IRS about capital gains tax on home sales is nearly impossible. After weeks of calling the IRS hotline and never getting through, I found Claimyr (https://claimyr.com) and was honestly shocked it actually worked. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was connected to an IRS agent in about 15 minutes, and they confirmed my understanding of Section 121 for multiple home sales. In your case, you'd qualify for the exclusion on both properties since you meet the 2-out-of-5 years requirement for each. The agent actually directed me to Publication 523 which has a whole section on this exact scenario.
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Isabella Silva
•How does this even work? I've been trying to call the IRS for months about my amended return and always get the "due to high call volume" message before they hang up on me. Does this service somehow get you through the phone tree faster?
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Ravi Choudhury
•Yeah right. No way this actually works. I've been calling the IRS for 3 months straight about an issue with my tax refund and they NEVER pick up. You're telling me this service somehow magically gets through when millions of people can't? Sounds like a scam to me.
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Malik Robinson
•It works by continuously calling the IRS line for you and navigating the phone tree automatically. When you call the IRS normally, you often get that "due to high call volume" message and get disconnected. Claimyr's system keeps trying until it gets into the queue, then it calls you and connects you directly to that spot in line. I totally understand the skepticism - I felt the same way. The IRS only accepts a certain number of calls in their queue at any given time, so most people get rejected immediately. This service basically keeps trying until it finds an open slot, which can happen randomly throughout the day. It's not magic, just persistence and technology. I was connected in about 15 minutes, but they say it can take up to an hour sometimes depending on call volume.
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Ravi Choudhury
I need to eat my words about that Claimyr service mentioned above. After my skeptical comment, I decided to try it anyway out of desperation since I needed to talk to someone about my capital gains issue from selling my rental property. It actually worked. I got connected to an IRS agent in about 25 minutes. I explained my situation about selling two properties (one primary, one rental) and they walked me through exactly how Section 121 applied to my primary residence and what I needed to do for the rental property (Form 4797 and Schedule D). Saved me hours of frustration and probably a mistake on my taxes. For anyone dealing with multiple property sales like the original poster, definitely worth getting confirmation directly from the IRS since these situations can get complex.
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Freya Andersen
Something else to consider - if you made any significant improvements to either house while you owned them, make sure you add those costs to your basis! This can reduce any potential capital gain. Things like: - Kitchen or bathroom remodels - Roof replacement - HVAC system upgrades - Room additions - New windows Just keep in mind that routine repairs (fixing a leaky faucet, painting, etc.) don't count toward increasing your basis.
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Oliver Fischer
•Good point about the improvements! For the first house, I actually did replace the roof ($14k) and installed a new HVAC system ($9k). Would I need receipts for all of these improvements or are there other ways to document these if I can't find all the paperwork?
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Freya Andersen
•Receipts are definitely the best documentation, but if you don't have them all, there are other options. Bank or credit card statements showing payments to contractors can work. Even emails confirming quotes that you accepted can help establish the costs. For major improvements like a roof or HVAC system, you might also have permit records with your local building department that can verify the work was done. Some contractors might also have records they can provide if you reach out to them. The IRS knows people don't always keep perfect records, but they do expect you to make a reasonable effort to document these costs.
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Omar Farouk
Doesn't the fact that your brother lived in the first house without paying rent complicate things? I thought once you stop using it as your primary residence, the clock starts ticking on how long you have to sell before capital gains kick in.
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CosmicCadet
•Not necessarily. The test is whether you lived in it as your primary residence for 2 of the 5 years before selling. Who lives in it during other periods doesn't affect that qualification. If OP had rented it out, there might be some depreciation recapture to deal with, but since no rent was collected, that's not an issue.
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