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Answer: Report the gain or loss on the sale of rental property on Form 4797, Sales of Business Property or on Form 8949, Sales and Other Dispositions of Capital Assets depending on the purpose of the rental activity.
The 2-out-of-five-year rule states that you must have owned and lived in your home for a minimum of two out of the last five years before the sale. However, these two years don't have to be consecutive, and you don't have to live there on the sale date.
You should report the sale of the business or rental part on Form 4797, Sales of Business Property. Form 4797 takes into account the business or rental part of the gain, the section 121 exclusion and depreciation-related gain you can't exclude.
Additionally, you must report the sale of the home if you can't exclude all of your capital gain from income. Use Schedule D (Form 1040), Capital Gains and Losses and Form 8949, Sales and Other Dispositions of Capital Assets when required to report the home sale.
When you sell a rental property, you may be able to deduct certain expenses from your taxable income. These deductible selling expenses include commissions, legal fees, and advertising costs. Keep good records of your expenses to deduct them from your taxes.
Use a 1031 Exchange to Defer Capital Gains It's a popular way to defer capital gains taxes when selling a rental home or even a business. Often referred to as a “like-kind” exchange, this tax deferment strategy is defined in Section 1031 of the Internal Revenue Code.
Report the gain or loss on the sale of rental property on Form 4797, Sales of Business Property or on Form 8949, Sales and Other Dispositions of Capital Assets depending on the purpose of the rental activity.
Convert Rental Property to a Primary Residence If you're open and able to live in the home for two years before selling your investment property, you can avoid paying some or all capital gains tax on the eventual sale of your property.
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