Home     Law Advice     Insurance Advice     Community    
Tax Law : Federal, State and Local Income Taxes, Sales Taxes, etc. For Estate, Gift and Inheritance Taxes, Please Post Under Will, Trusts & Estate Planning
Go Back   FreeAdvice Legal Forum > TAX LAW > Tax Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-07-2005, 08:17 PM
Junior Member
 
Join Date: Apr 2005
Posts: 4
Exclamation

Sale of second residence


What is the name of your state? PA
I recently sold my second home and would like to know if I qualify for a reduced exclusion.

History:
Purchased home 1984 (in Downingtown PA)
Live in residence from 1984-1987
My mother lived in residence from 1989-1993 (no rent, no expenses)
I maintained the residence, all the while, as a retirement home as I planned for PA as the state to which I would eventually retire. Never rented or used by anyone else, solely kept up by myself and spouse.
I lived in VA and changed jobs (10/1999) and sold the house there (1/2000) and relocated to Bellefonte PA.
Since I relocated to PA (my eventual location for retirement), I felt no need to keep the home in Downingtown PA and sold it (7/2004).

Do I qualify for an exclusion because of the following?

From Publication 523:
"I" did not meet the ownership and use tests, but the reason "I" sold the home was: A change in place of employment.

What is the reduction on the exclusion?
  #2  
Old 04-07-2005, 08:32 PM
Senior Member
 
Join Date: Aug 2003
Posts: 1,848
You get the reduced exclusion for the portion of time in which you met the ownership and use tests. Since you did not live in the house at any time in the five years prior to the sale, and since, from your comments we may conclude that you are not in the Military or the Diplomatic Service, you get no exclusion.

The "extenuating circumstance" that they refer to in that pub is referring to an immediate circumstance, not what you describe.

Snipes
__________________
This post does not create an agreement to represent you before the IRS, nor does it invoke confidentiality regulations. Postings are based only on the information provided and you should consult a tax professional in your area before relying on information contained in this post.
  #3  
Old 04-07-2005, 08:44 PM
Junior Member
 
Join Date: Apr 2005
Posts: 4
Exclamation

Sale of second residence


State: Pennsylvania

Thank you for the information. You were extremely helpful.

The publications for schedule D are very limited as to how to file in my particular case. Are there better resources to find out what is a valid deduction to reduce the tax liability on the gain? I have extensive amount of materials from the last 20 and need to sort them as to what was an improvement vs. expense vs. other. Can utility costs (particularly heating) be used as a deduction as the house needed to be keeped up in all weather conditions over the years?
  #4  
Old 04-07-2005, 08:51 PM
Senior Member
 
Join Date: Aug 2003
Posts: 1,848
Take your info to a tax professional who can help you sort this out.

Normally, you can add to the basis the costs of any material IMPROVEMENTS to the property.

Utilities are not an improvement, unless you actually had the utilities put in on what was undeveloped land.

Improvements are things like additions, sidewalks, fences, driveways, landscaping, etc.

NOT improvements would be repairs, such as new roof, new furnace, hot water heater, etc.

Basically if the house had something and you replaced it, that is a repair, not an improvement, though you may be able to claim the difference between the cost of hardwood flooring vs. original carpeting, and other such improvements, like commercial grade appliances and granite countertops vs. ordinary appliances and formica.

Snipes
__________________
This post does not create an agreement to represent you before the IRS, nor does it invoke confidentiality regulations. Postings are based only on the information provided and you should consult a tax professional in your area before relying on information contained in this post.
  #5  
Old 04-07-2005, 08:57 PM
Junior Member
 
Join Date: Apr 2005
Posts: 4

Sale of second residence


State: Pennsylvania

Again, that you for your time and consideration in responding to my questions.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:27 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.