Tax implications when selling a rental property that was used for family elder care
I've got a somewhat complicated situation with taxes on a property sale. I owned a house for several years then moved to a different state and ended up renting it out because of some family issues that prevented me from selling at that time. When my uncle started experiencing serious health decline and needed round-the-clock care, I let my sister stay in the house rent-free while she took care of him. My dad and cousin lived nearby and helped out with maintenance and yard work. I continued paying the mortgage, insurance, and covered expenses for repairs while my sister handled utilities. This was just our family coming together to take care of our uncle - we didn't create any formal documentation about the arrangement (I just have receipts for expenses). After my uncle passed away, my sister moved out, and I invested quite a bit fixing up the house for sale. The market was really slow in that area, and it took about 11 months to finally close. I've been told that since I didn't live there as my primary residence for 2 out of the last 5 years, I'll need to pay taxes on any gains from the sale. Is there any tax provision that might apply to my situation since the house was being used for elder care? Or did I mess up by not getting some kind of formal elder care documentation beforehand? I'm located in the US and trying to figure out my tax obligations before filing.
21 comments


William Rivera
This is a great question! When you sell a property that's been used as both a personal residence and a rental, the tax treatment can get complicated. You're right about the primary residence exclusion - you generally need to have lived in the home as your primary residence for at least 2 out of the 5 years before the sale to qualify for the capital gains exclusion (up to $250,000 for single filers or $500,000 for married filing jointly). In your situation, the property transitioned from your primary residence to a rental property, and then to what might be considered a "family care facility" of sorts. Unfortunately, there isn't a specific tax provision that automatically exempts gains when a property is used for elder care within a family. However, there are a few things to consider: - When you convert a personal residence to a rental, you establish a new "basis" for the property (usually the fair market value at the time of conversion) - All the improvements and repairs you made before selling can be added to your basis, reducing any taxable gain - You may qualify for a partial exclusion if the sale was due to unforeseen circumstances I'd recommend working with a tax professional who can review your specific timeline, expenses, and circumstances to minimize your tax liability.
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Kayla Jacobson
•Thanks for the information! I'm still a bit confused about the basis calculation. When I converted from primary residence to rental (around 6 years ago), I never got an official appraisal. Is there some way to establish what the fair market value was back then? Also, would my uncle's medical condition potentially qualify as an "unforeseen circumstance"? The only reason I kept the property was to help with his care situation.
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William Rivera
•For establishing the fair market value when you converted to a rental, you can use comparable sales from that time period, property tax assessments, or even get a retrospective appraisal where a professional estimates what the value would have been. Many tax professionals can help you document a reasonable estimate. Regarding unforeseen circumstances, the IRS does consider medical conditions as potential qualifying events for a partial exclusion. Your uncle's declining health and your family's decision to use the property for his care might qualify. The key is documenting the timeline and showing how the medical situation and subsequent sale were connected. The fact that you sold shortly after his passing helps support this argument.
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Grace Lee
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Oscar Murphy
Don't forget about depreciation recapture! This is something many people miss when selling rental properties. Since you used the property as a rental for several years, you were entitled to claim depreciation during that time. Even if you didn't actually claim depreciation deductions on your tax returns during those rental years, the IRS requires you to recapture that depreciation when you sell. It's called "depreciation recapture" and it's taxed at a maximum rate of 25%. You'll need to calculate what depreciation you should have taken during the rental period, even for the time your family was using it for elder care if you weren't living there yourself.
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Kayla Jacobson
•Oh no, I didn't even think about depreciation recapture. I did claim depreciation during the years it was a standard rental with tenants, but I didn't claim anything during the period my sister was staying there for my uncle's care. Does that period still count since I wasn't collecting rent?
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Oscar Murphy
•Yes, unfortunately that period still counts for depreciation recapture purposes. The IRS looks at whether the property was available for your personal use or used as a residence. Since you weren't using it as your residence during the elder care period (your sister was living there), the IRS would consider this period as part of the rental use. Even though you weren't collecting rent from your sister, you're still required to recapture the depreciation you were entitled to claim. When calculating your gain on the sale, you'll need to include the depreciation you should have taken during both the tenant rental period and the family elder care period.
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Nora Bennett
Something to consider is whether you can treat this property as a partial business use during the elder care period. If you can document that the property was being used specifically for elder care purposes, you might be able to claim certain expenses as deductible medical expenses. The IRS allows deductions for medical care facilities in some cases. While your situation doesn't fit neatly into the tax code categories, a creative tax professional might be able to help you structure this in a favorable way.
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Ryan Andre
•That's a really interesting angle! I did something similar when my father moved in with us. We were able to deduct a portion of our utilities and even some modifications to the house as medical expenses. But I think you need documentation from a doctor recommending the living arrangement for medical purposes.
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Lauren Zeb
Has anyone mentioned Section 121(c) partial exclusion? If the primary reason for the sale was your grandmother's death (which counts as an unforeseen circumstance), you might qualify for a partial exclusion of gain based on how long you used it as a primary residence during the 5-year period ending on the date of sale. The formula would be: (shorter of: time used as primary residence during 5-year period OR time between event and sale) ÷ 2 years × $250,000 exclusion So even if you don't get the full exclusion, you might get a partial one that could save you significant taxes!
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Kayla Jacobson
•This is really helpful information, thank you! If I understand correctly, I would calculate how long I used it as a primary residence within the 5 years before selling, divide that by 2 years, and multiply by $250,000? In my case, I hadn't lived there personally for about 6 years before selling, so would that mean I get zero exclusion under this calculation?
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Lauren Zeb
•Since you hadn't lived in the home as your primary residence during the 5-year period before the sale, you're right that the first part of the calculation would be zero. However, there's still potentially the second part - the time between the qualifying event (your uncle's death) and the sale. If the sale was primarily due to your uncle's passing, and you sold within a reasonable time after that event (which sounds like you did since it took about a year to sell), you might still qualify for some level of partial exclusion based on that timing. I'd strongly recommend consulting with a tax professional who can review all the specific dates and circumstances, as the calculations can get quite complex and the IRS rules have some nuances that might work in your favor.
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