Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Followed Discussions Followed Categories Followed People Followed Locations
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 7 years ago on . Most recent reply presented by

User Stats

2
Posts
0
Votes
Elsa Liu
  • Rental Property Investor
  • Lowell, MA
0
Votes |
2
Posts

Can Section 121 be claimed every year between husband and wife?

Elsa Liu
  • Rental Property Investor
  • Lowell, MA
Posted

Question about the Section 121 Exclusion, the “Capital Gains Exclusion”. $250k limit for single and $500k for married. We are married but can we be treated as single? All our properties qualify for the “two out of five years” primary residence rule. 

Below are the detailed description about our case:

House A: under wife's name, was primary residence for 2 years, 2015~2016, sold on year 2017 with capital gain $100,000, claimed exemption already on separate tax return on 2017.

House B: under husband's name, was his primary residence for 2 years, 2014~2015 (married year 2015), sold on year 2018, capital gain $110,000.

House C: under wife's name, was primary residence for 2 years, 2017~2018, capital gain probably $80,000 if sell.

Question 1: Can we claim the exemption of 110,000 on House B this year? Do we need to file separate tax returns or jointly?

Question 2: Can we sell house C on year 2019 and claim the capital gain again?

Loading replies...