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Diego Fisher

What qualifies as living in primary residence for 2 out of 5 years capital gains rule?

I'm about to sell my house and trying to figure out the IRS 2 out of 5 years rule for primary residence regarding the $250k capital gains deduction. I'm confused about what counts as NOT living in my primary residence. During the pandemic, I traveled around in an RV for about 8 months - does that time count against me for the rule? I also spent about 10 months with a missionary group living at their base in another state. The thing is, I never owned any other property during these periods - this house has been my only home on paper. Does temporary absence like this disqualify me from claiming the full years of residence? I still had all my mail sent there, kept my driver's license address the same, and paid all the property taxes. Is there a specific rule about temporary absences, or am I overthinking this? My real estate agent gave me conflicting info compared to what I found online.

So the IRS's 2-out-of-5 years rule for primary residence is actually pretty forgiving! Temporary absences still count as time living in your home, even if you're physically elsewhere. This includes vacations, business travel, healthcare stays, and yes - RV travel during the pandemic or missionary work. The key is that these were temporary absences and you didn't establish a different primary residence during those periods. Since you mentioned you never owned another house, maintained your mailing address, kept your driver's license registered there, and continued paying property taxes, you're likely in good shape. These are exactly the kinds of factors the IRS considers when determining your primary residence. The IRS doesn't have a specific time limit for what constitutes a "temporary" absence, but they look at the circumstances and your intent to return. Documentation of your intent to return to your home (which you seem to have) is important.

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Diego Fisher

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Thanks for the explanation! That's really helpful. One more question - do I need any specific documentation to prove this was my primary residence during those absences? Would tax returns showing this address be enough? Or should I gather other evidence too just in case?

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Your tax returns showing this address are excellent documentation. Other helpful items include your voter registration, utility bills (even if minimal during absence), bank statements with this address, and any insurance policies. Also keep records of your RV trip and missionary work showing their temporary nature. While the IRS doesn't typically request such documentation upfront when you claim the exclusion, having these records organized will be valuable if they ever question your claim. The most important thing is demonstrating your intent - this home remained your primary residence that you intended to return to after temporary absences.

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Hey there! I went through something similar last year with temporary absences from my home. I was stressing about proving my residence status until someone recommended I try taxr.ai (https://taxr.ai) - it really helped clarify my situation. You upload your documents and it analyzes whether you qualify for the primary residence exclusion based on your specific circumstances. For me, it confirmed that my 14 months working abroad still counted as living in my primary residence since I had no other permanent home. It was a huge relief having that confirmation before filing!

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Does it actually explain the reasoning behind its analysis? I'm in a similar situation where I was gone for military duty but maintained my house. Would it help with that specific scenario?

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Emma Johnson

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I'm skeptical about these online tools... How accurate is it really with the residence rules? There are so many exceptions and gray areas with tax law.

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Yes, it provides detailed reasoning citing the specific IRS rules and precedents that apply to your situation. It explains which factors support your case and which might raise questions, all with references to IRS publications. Military duty is explicitly covered as a qualifying absence under IRS rules. The tool would definitely help with your scenario, as service members have specific protections regarding residence rules. It would analyze your documentation and explain the military exception provisions that apply to your case.

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Just wanted to update on my situation - I used taxr.ai after seeing it recommended here and it was incredibly helpful! As a service member, I was worried about my 14-month deployment affecting my primary residence status. The tool confirmed that military service is specifically protected under tax law regarding the primary residence exclusion. It even provided the exact IRS references I needed to confidently claim the capital gains exclusion. Saved me thousands in potential taxes and gave me peace of mind before listing my house.

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Liam Brown

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If you're worried about proving your primary residence status to the IRS, you might want to consider getting official clarification directly from them. I was in a similar situation (traveling nurse with multiple temporary assignments) and was nervous about claiming the capital gains exclusion. After trying for weeks to reach someone at the IRS with no luck, I used Claimyr (https://claimyr.com) and got connected to an actual IRS agent in under 15 minutes. They have a quick demo of how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that my situation qualified since I maintained my home as my permanent residence despite being physically absent for work. Getting that verbal confirmation from an actual IRS employee gave me so much more confidence than just reading interpretations online.

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Olivia Garcia

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Wait, how does this actually work? Doesn't the IRS have those horrible wait times where you're on hold for hours? I tried calling them last month and gave up after 90 minutes on hold.

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Emma Johnson

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This sounds like BS honestly. Nothing gets you through to the IRS that easily. I've been trying to resolve an issue for months and can't get anyone on the phone.

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Liam Brown

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It works by essentially waiting in the IRS phone queue for you. You register your number, and their system navigates the IRS phone tree and waits on hold. When an actual IRS agent picks up, the system calls you and connects you directly to that agent. No waiting on your end. You're right about the typical wait times - they're absolutely brutal. I had the same experience trying to call directly. What makes this different is you don't have to personally sit through the hold time. Their system does the waiting for you and only calls when there's an actual human ready to talk.

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Emma Johnson

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Well I need to eat my words and apologize. After my skeptical comment I was desperate enough to try Claimyr since I've been trying to get clarification on my rental property converted to primary residence situation. It actually worked exactly as described! After two months of failed attempts, I was connected to an IRS agent in about 20 minutes. The agent confirmed that my situation (similar to the original poster's) qualifies for the exemption since temporary absences don't break the residence requirement as long as you don't establish another primary home. Honestly shocked this service exists and actually delivers.

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Noah Lee

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One thing nobody's mentioned that's important - if you rented out your house during the time you were traveling in the RV or doing missionary work, that could complicate things. The IRS may consider that period as non-qualifying use, which could reduce your capital gains exclusion proportionally. Did you rent it out at all during those absences?

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Diego Fisher

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I did have a friend stay in the house for about 4 months while I was with the missionary group, but they just paid the utilities, not actual rent. Would that count as renting it out? They basically house-sat for me.

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Noah Lee

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That arrangement sounds more like house-sitting than a rental situation, which is good news for your capital gains exclusion. Since your friend wasn't paying you actual rent (just covering utilities), the IRS would likely not consider this as non-qualifying use or rental income. The key distinction is that you weren't treating the property as an income-producing rental during this time. It remained your personal residence that someone was looking after in your absence. This type of arrangement typically doesn't impact your ability to claim the full exclusion, especially since you maintained it as your legal address and intended to return.

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Ava Hernandez

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Has anyone actually been audited on the 2 out of 5 years rule? I'm curious what documentation the IRS actually asks for if they question your primary residence claim?

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I actually went through an audit last year where they questioned my primary residence claim. They asked for: driver's license, voter registration, utility bills, bank statements, tax returns, employment records, and insurance documents all showing my address. They also wanted evidence showing I didn't establish another primary residence during temporary absences.

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Based on what you've described, you should be fine with the 2-out-of-5 years rule! The IRS recognizes that people have legitimate reasons for temporary absences from their primary residence. The fact that you maintained your driver's license, mailing address, and continued paying property taxes at this address strongly supports your case that this remained your primary residence throughout those periods. Your RV travel and missionary work sound like classic examples of temporary absences that don't disqualify you from the capital gains exclusion. The key factors working in your favor are: (1) you never owned another property during these absences, (2) you maintained your legal ties to the home, and (3) you had clear intent to return (which you did). I'd recommend keeping good documentation of these periods - any records showing the temporary nature of your RV trip and missionary work, plus all the evidence you mentioned about maintaining this as your legal address. The IRS looks at the totality of circumstances, and yours seem to clearly indicate this home remained your primary residence even during your physical absences.

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This is really reassuring to hear! I was getting stressed reading conflicting information online about what counts as "living" in your primary residence. It sounds like the IRS is more reasonable about temporary absences than I expected. Quick question - do you know if there's any difference in how they treat extended travel versus work-related absences? My RV travel was more personal/pandemic-related while the missionary work was more structured. Does that distinction matter at all for the primary residence determination?

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