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Income Tax Forms 2011

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Income Tax Forms 2011

Income tax forms 2011 15. Income tax forms 2011   Selling Your Home Table of Contents Reminder Introduction Useful Items - You may want to see: Main Home Figuring Gain or LossSelling Price Amount Realized Adjusted Basis Amount of Gain or Loss Dispositions Other Than Sales Determining Basis Excluding the GainMaximum Exclusion Ownership and Use Tests Reduced Maximum Exclusion Business Use or Rental of Home Reporting the SaleSeller-financed mortgage. Income tax forms 2011 More information. Income tax forms 2011 Special SituationsException for sales to related persons. Income tax forms 2011 Recapturing (Paying Back) a Federal Mortgage Subsidy Reminder Home sold with undeducted points. Income tax forms 2011  If you have not deducted all the points you paid to secure a mortgage on your old home, you may be able to deduct the remaining points in the year of the sale. Income tax forms 2011 See Mortgage ending early under Points in chapter 23. Income tax forms 2011 Introduction This chapter explains the tax rules that apply when you sell your main home. Income tax forms 2011 In most cases, your main home is the one in which you live most of the time. Income tax forms 2011 If you sold your main home in 2013, you may be able to exclude from income any gain up to a limit of $250,000 ($500,000 on a joint return in most cases). Income tax forms 2011 See Excluding the Gain , later. Income tax forms 2011 Generally, if you can exclude all the gain, you do not need to report the sale on your tax return. Income tax forms 2011 If you have gain that cannot be excluded, it is taxable. Income tax forms 2011 Report it on Form 8949, Sales and Other Dispositions of Capital Assets, and Schedule D (Form 1040). Income tax forms 2011 You may also have to complete Form 4797, Sales of Business Property. Income tax forms 2011 See Reporting the Sale , later. Income tax forms 2011 If you have a loss on the sale, you generally cannot deduct it on your return. Income tax forms 2011 However, you may need to report it. Income tax forms 2011 See Reporting the Sale , later. Income tax forms 2011 The following are main topics in this chapter. Income tax forms 2011 Figuring gain or loss. Income tax forms 2011 Basis. Income tax forms 2011 Excluding the gain. Income tax forms 2011 Ownership and use tests. Income tax forms 2011 Reporting the sale. Income tax forms 2011 Other topics include the following. Income tax forms 2011 Business use or rental of home. Income tax forms 2011 Recapturing a federal mortgage subsidy. Income tax forms 2011 Useful Items - You may want to see: Publication 523 Selling Your Home 530 Tax Information for Homeowners 547 Casualties, Disasters, and Thefts Form (and Instructions) Schedule D (Form 1040) Capital Gains and Losses 982 Reduction of Tax Attributes Due to Discharge of Indebtedness 8828 Recapture of Federal Mortgage Subsidy 8949 Sales and Other Dispositions of Capital Assets Main Home This section explains the term “main home. Income tax forms 2011 ” Usually, the home you live in most of the time is your main home and can be a: House, Houseboat, Mobile home, Cooperative apartment, or Condominium. Income tax forms 2011 To exclude gain under the rules of this chapter, you in most cases must have owned and lived in the property as your main home for at least 2 years during the 5-year period ending on the date of sale. Income tax forms 2011 Land. Income tax forms 2011   If you sell the land on which your main home is located, but not the house itself, you cannot exclude any gain you have from the sale of the land. Income tax forms 2011 However, if you sell vacant land used as part of your main home and that is adjacent to it, you may be able to exclude the gain from the sale under certain circumstances. Income tax forms 2011 See Vacant land under Main Home in Publication 523 for more information. Income tax forms 2011 Example. Income tax forms 2011 You buy a piece of land and move your main home to it. Income tax forms 2011 Then you sell the land on which your main home was located. Income tax forms 2011 This sale is not considered a sale of your main home, and you cannot exclude any gain on the sale of the land. Income tax forms 2011 More than one home. Income tax forms 2011   If you have more than one home, you can exclude gain only from the sale of your main home. Income tax forms 2011 You must include in income gain from the sale of any other home. Income tax forms 2011 If you have two homes and live in both of them, your main home is ordinarily the one you live in most of the time during the year. Income tax forms 2011 Example 1. Income tax forms 2011 You own two homes, one in New York and one in Florida. Income tax forms 2011 From 2009 through 2013, you live in the New York home for 7 months and in the Florida residence for 5 months of each year. Income tax forms 2011 In the absence of facts and circumstances indicating otherwise, the New York home is your main home. Income tax forms 2011 You would be eligible to exclude the gain from the sale of the New York home but not of the Florida home in 2013. Income tax forms 2011 Example 2. Income tax forms 2011 You own a house, but you live in another house that you rent. Income tax forms 2011 The rented house is your main home. Income tax forms 2011 Example 3. Income tax forms 2011 You own two homes, one in Virginia and one in New Hampshire. Income tax forms 2011 In 2009 and 2010, you lived in the Virginia home. Income tax forms 2011 In 2011 and 2012, you lived in the New Hampshire home. Income tax forms 2011 In 2013, you lived again in the Virginia home. Income tax forms 2011 Your main home in 2009, 2010, and 2013 is the Virginia home. Income tax forms 2011 Your main home in 2011 and 2012 is the New Hampshire home. Income tax forms 2011 You would be eligible to exclude gain from the sale of either home (but not both) in 2013. Income tax forms 2011 Property used partly as your main home. Income tax forms 2011   If you use only part of the property as your main home, the rules discussed in this publication apply only to the gain or loss on the sale of that part of the property. Income tax forms 2011 For details, see Business Use or Rental of Home , later. Income tax forms 2011 Figuring Gain or Loss To figure the gain or loss on the sale of your main home, you must know the selling price, the amount realized, and the adjusted basis. Income tax forms 2011 Subtract the adjusted basis from the amount realized to get your gain or loss. Income tax forms 2011     Selling price     − Selling expenses       Amount realized       Amount realized     − Adjusted basis       Gain or loss   Selling Price The selling price is the total amount you receive for your home. Income tax forms 2011 It includes money and the fair market value of any other property or any other services you receive and all notes, mortgages or other debts assumed by the buyer as part of the sale. Income tax forms 2011 Payment by employer. Income tax forms 2011   You may have to sell your home because of a job transfer. Income tax forms 2011 If your employer pays you for a loss on the sale or for your selling expenses, do not include the payment as part of the selling price. Income tax forms 2011 Your employer will include it as wages in box 1 of your Form W-2, and you will include it in your income on Form 1040, line 7. Income tax forms 2011 Option to buy. Income tax forms 2011   If you grant an option to buy your home and the option is exercised, add the amount you receive for the option to the selling price of your home. Income tax forms 2011 If the option is not exercised, you must report the amount as ordinary income in the year the option expires. Income tax forms 2011 Report this amount on Form 1040, line 21. Income tax forms 2011 Form 1099-S. Income tax forms 2011   If you received Form 1099-S, Proceeds From Real Estate Transactions, box 2 (Gross proceeds) should show the total amount you received for your home. Income tax forms 2011   However, box 2 will not include the fair market value of any services or property other than cash or notes you received or will receive. Income tax forms 2011 Instead, box 4 will be checked to indicate your receipt or expected receipt of these items. Income tax forms 2011 Amount Realized The amount realized is the selling price minus selling expenses. Income tax forms 2011 Selling expenses. Income tax forms 2011   Selling expenses include: Commissions, Advertising fees, Legal fees, and Loan charges paid by the seller, such as loan placement fees or “points. Income tax forms 2011 ” Adjusted Basis While you owned your home, you may have made adjustments (increases or decreases) to the basis. Income tax forms 2011 This adjusted basis must be determined before you can figure gain or loss on the sale of your home. Income tax forms 2011 For information on how to figure your home's adjusted basis, see Determining Basis , later. Income tax forms 2011 Amount of Gain or Loss To figure the amount of gain or loss, compare the amount realized to the adjusted basis. Income tax forms 2011 Gain on sale. Income tax forms 2011   If the amount realized is more than the adjusted basis, the difference is a gain and, except for any part you can exclude, in most cases is taxable. Income tax forms 2011 Loss on sale. Income tax forms 2011   If the amount realized is less than the adjusted basis, the difference is a loss. Income tax forms 2011 A loss on the sale of your main home cannot be deducted. Income tax forms 2011 Jointly owned home. Income tax forms 2011   If you and your spouse sell your jointly owned home and file a joint return, you figure your gain or loss as one taxpayer. Income tax forms 2011 Separate returns. Income tax forms 2011   If you file separate returns, each of you must figure your own gain or loss according to your ownership interest in the home. Income tax forms 2011 Your ownership interest is generally determined by state law. Income tax forms 2011 Joint owners not married. Income tax forms 2011   If you and a joint owner other than your spouse sell your jointly owned home, each of you must figure your own gain or loss according to your ownership interest in the home. Income tax forms 2011 Each of you applies the rules discussed in this chapter on an individual basis. Income tax forms 2011 Dispositions Other Than Sales Some special rules apply to other dispositions of your main home. Income tax forms 2011 Foreclosure or repossession. Income tax forms 2011   If your home was foreclosed on or repossessed, you have a disposition. Income tax forms 2011 See Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments, to determine if you have ordinary income, gain, or loss. Income tax forms 2011 Abandonment. Income tax forms 2011   If you abandon your home, see Publication 4681 to determine if you have ordinary income, gain, or loss. Income tax forms 2011 Trading (exchanging) homes. Income tax forms 2011   If you trade your old home for another home, treat the trade as a sale and a purchase. Income tax forms 2011 Example. Income tax forms 2011 You owned and lived in a home with an adjusted basis of $41,000. Income tax forms 2011 A real estate dealer accepted your old home as a trade-in and allowed you $50,000 toward a new home priced at $80,000. Income tax forms 2011 This is treated as a sale of your old home for $50,000 with a gain of $9,000 ($50,000 – $41,000). Income tax forms 2011 If the dealer had allowed you $27,000 and assumed your unpaid mortgage of $23,000 on your old home, your sales price would still be $50,000 (the $27,000 trade-in allowed plus the $23,000 mortgage assumed). Income tax forms 2011 Transfer to spouse. Income tax forms 2011   If you transfer your home to your spouse or you transfer it to your former spouse incident to your divorce, you in most cases have no gain or loss. Income tax forms 2011 This is true even if you receive cash or other consideration for the home. Income tax forms 2011 As a result, the rules in this chapter do not apply. Income tax forms 2011 More information. Income tax forms 2011   If you need more information, see Transfer to spouse in Publication 523 and Property Settlements in Publication 504, Divorced or Separated Individuals. Income tax forms 2011 Involuntary conversion. Income tax forms 2011   You have a disposition when your home is destroyed or condemned and you receive other property or money in payment, such as insurance or a condemnation award. Income tax forms 2011 This is treated as a sale and you may be able to exclude all or part of any gain from the destruction or condemnation of your home, as explained later under Special Situations . Income tax forms 2011 Determining Basis You need to know your basis in your home to figure any gain or loss when you sell it. Income tax forms 2011 Your basis in your home is determined by how you got the home. Income tax forms 2011 Generally, your basis is its cost if you bought it or built it. Income tax forms 2011 If you got it in some other way (inheritance, gift, etc. Income tax forms 2011 ), your basis is generally either its fair market value when you received it or the adjusted basis of the previous owner. Income tax forms 2011 While you owned your home, you may have made adjustments (increases or decreases) to your home's basis. Income tax forms 2011 The result of these adjustments is your home's adjusted basis, which is used to figure gain or loss on the sale of your home. Income tax forms 2011 See Adjusted Basis , later. Income tax forms 2011 You can find more information on basis and adjusted basis in chapter 13 of this publication and in Publication 523. Income tax forms 2011 Cost As Basis The cost of property is the amount you paid for it in cash, debt obligations, other property, or services. Income tax forms 2011 Purchase. Income tax forms 2011   If you bought your home, your basis is its cost to you. Income tax forms 2011 This includes the purchase price and certain settlement or closing costs. Income tax forms 2011 In most cases, your purchase price includes your down payment and any debt, such as a first or second mortgage or notes you gave the seller in payment for the home. Income tax forms 2011 If you build, or contract to build, a new home, your purchase price can include costs of construction, as discussed in Publication 523. Income tax forms 2011 Settlement fees or closing costs. Income tax forms 2011   When you bought your home, you may have paid settlement fees or closing costs in addition to the contract price of the property. Income tax forms 2011 You can include in your basis some of the settlement fees and closing costs you paid for buying the home, but not the fees and costs for getting a mortgage loan. Income tax forms 2011 A fee paid for buying the home is any fee you would have had to pay even if you paid cash for the home (that is, without the need for financing). Income tax forms 2011    Chapter 13 lists some of the settlement fees and closing costs that you can include in the basis of property, including your home. Income tax forms 2011 It also lists some settlement costs that cannot be included in basis. Income tax forms 2011   Also see Publication 523 for additional items and a discussion of basis other than cost. Income tax forms 2011 Adjusted Basis Adjusted basis is your cost or other basis increased or decreased by certain amounts. Income tax forms 2011 To figure your adjusted basis, you can use Worksheet 1 in Publication 523. Income tax forms 2011 Do not use Worksheet 1 if you acquired an interest in your home from a decedent who died in 2010 and whose executor filed Form 8939, Allocation of Increase in Basis for Property Acquired From a Decedent. Income tax forms 2011 Increases to basis. Income tax forms 2011   These include the following. Income tax forms 2011 Additions and other improvements that have a useful life of more than 1 year. Income tax forms 2011 Special assessments for local improvements. Income tax forms 2011 Amounts you spent after a casualty to restore damaged property. Income tax forms 2011 Improvements. Income tax forms 2011   These add to the value of your home, prolong its useful life, or adapt it to new uses. Income tax forms 2011 You add the cost of additions and other improvements to the basis of your property. Income tax forms 2011   For example, putting a recreation room or another bathroom in your unfinished basement, putting up a new fence, putting in new plumbing or wiring, putting on a new roof, or paving your unpaved driveway are improvements. Income tax forms 2011 An addition to your house, such as a new deck, a sunroom, or a new garage, is also an improvement. Income tax forms 2011 Repairs. Income tax forms 2011   These maintain your home in good condition but do not add to its value or prolong its life. Income tax forms 2011 You do not add their cost to the basis of your property. Income tax forms 2011   Examples of repairs include repainting your house inside or outside, fixing your gutters or floors, repairing leaks or plastering, and replacing broken window panes. Income tax forms 2011 Decreases to basis. Income tax forms 2011   These include the following. Income tax forms 2011 Discharge of qualified principal residence indebtedness that was excluded from income. Income tax forms 2011 Some or all of the cancellation of debt income that was excluded due to your bankruptcy or insolvency. Income tax forms 2011 For details, see Publication 4681. Income tax forms 2011 Gain you postponed from the sale of a previous home before May 7, 1997. Income tax forms 2011 Deductible casualty losses. Income tax forms 2011 Insurance payments you received or expect to receive for casualty losses. Income tax forms 2011 Payments you received for granting an easement or right-of-way. Income tax forms 2011 Depreciation allowed or allowable if you used your home for business or rental purposes. Income tax forms 2011 Energy-related credits allowed for expenditures made on the residence. Income tax forms 2011 (Reduce the increase in basis otherwise allowable for expenditures on the residence by the amount of credit allowed for those expenditures. Income tax forms 2011 ) Adoption credit you claimed for improvements added to the basis of your home. Income tax forms 2011 Nontaxable payments from an adoption assistance program of your employer you used for improvements you added to the basis of your home. Income tax forms 2011 Energy conservation subsidy excluded from your gross income because you received it (directly or indirectly) from a public utility after 1992 to buy or install any energy conservation measure. Income tax forms 2011 An energy conservation measure is an installation or modification primarily designed either to reduce consumption of electricity or natural gas or to improve the management of energy demand for a home. Income tax forms 2011 District of Columbia first-time homebuyer credit (allowed on the purchase of a principal residence in the District of Columbia beginning on August 5, 1997 and before January 1, 2012). Income tax forms 2011 General sales taxes (allowed beginning 2004 and ending before 2014) claimed as an itemized deduction on Schedule A (Form 1040) that were imposed on the purchase of personal property, such as a houseboat used as your home or a mobile home. Income tax forms 2011 Discharges of qualified principal residence indebtedness. Income tax forms 2011   You may be able to exclude from gross income a discharge of qualified principal residence indebtedness. Income tax forms 2011 This exclusion applies to discharges made after 2006 and before 2014. Income tax forms 2011 If you choose to exclude this income, you must reduce (but not below zero) the basis of the principal residence by the amount excluded from your gross income. Income tax forms 2011   File Form 982 with your tax return. Income tax forms 2011 See the form's instructions for detailed information. Income tax forms 2011 Recordkeeping. Income tax forms 2011 You should keep records to prove your home's adjusted basis. Income tax forms 2011 Ordinarily, you must keep records for 3 years after the due date for filing your return for the tax year in which you sold your home. Income tax forms 2011 But if you sold a home before May 7, 1997, and postponed tax on any gain, the basis of that home affects the basis of the new home you bought. Income tax forms 2011 Keep records proving the basis of both homes as long as they are needed for tax purposes. Income tax forms 2011 The records you should keep include: Proof of the home's purchase price and purchase expenses, Receipts and other records for all improvements, additions, and other items that affect the home's adjusted basis, Any worksheets or other computations you used to figure the adjusted basis of the home you sold, the gain or loss on the sale, the exclusion, and the taxable gain, Any Form 982 you filed to report any discharge of qualified principal residence indebtedness, Any Form 2119, Sale of Your Home, you filed to postpone gain from the sale of a previous home before May 7, 1997, and Any worksheets you used to prepare Form 2119, such as the Adjusted Basis of Home Sold Worksheet or the Capital Improvements Worksheet from the Form 2119 instructions, or other source of computations. Income tax forms 2011 Excluding the Gain You may qualify to exclude from your income all or part of any gain from the sale of your main home. Income tax forms 2011 This means that, if you qualify, you will not have to pay tax on the gain up to the limit described under Maximum Exclusion , next. Income tax forms 2011 To qualify, you must meet the ownership and use tests described later. Income tax forms 2011 You can choose not to take the exclusion by including the gain from the sale in your gross income on your tax return for the year of the sale. Income tax forms 2011 You can use Worksheet 2 in Publication 523 to figure the amount of your exclusion and your taxable gain, if any. Income tax forms 2011 If you have any taxable gain from the sale of your home, you may have to increase your withholding or make estimated tax payments. Income tax forms 2011 See Publication 505, Tax Withholding and Estimated Tax. Income tax forms 2011 Maximum Exclusion You can exclude up to $250,000 of the gain (other than gain allocated to periods of nonqualified use) on the sale of your main home if all of the following are true. Income tax forms 2011 You meet the ownership test. Income tax forms 2011 You meet the use test. Income tax forms 2011 During the 2-year period ending on the date of the sale, you did not exclude gain from the sale of another home. Income tax forms 2011 For details on gain allocated to periods of nonqualified use, see Periods of nonqualified use , later. Income tax forms 2011 You may be able to exclude up to $500,000 of the gain (other than gain allocated to periods of nonqualified use) on the sale of your main home if you are married and file a joint return and meet the requirements listed in the discussion of the special rules for joint returns, later, under Married Persons . Income tax forms 2011 Ownership and Use Tests To claim the exclusion, you must meet the ownership and use tests. Income tax forms 2011 This means that during the 5-year period ending on the date of the sale, you must have: Owned the home for at least 2 years (the ownership test), and Lived in the home as your main home for at least 2 years (the use test). Income tax forms 2011 Exception. Income tax forms 2011   If you owned and lived in the property as your main home for less than 2 years, you can still claim an exclusion in some cases. Income tax forms 2011 However, the maximum amount you may be able to exclude will be reduced. Income tax forms 2011 See Reduced Maximum Exclusion , later. Income tax forms 2011 Example 1—home owned and occupied for at least 2 years. Income tax forms 2011 Mya bought and moved into her main home in September 2011. Income tax forms 2011 She sold the home at a gain in October 2013. Income tax forms 2011 During the 5-year period ending on the date of sale in October 2013, she owned and lived in the home for more than 2 years. Income tax forms 2011 She meets the ownership and use tests. Income tax forms 2011 Example 2—ownership test met but use test not met. Income tax forms 2011 Ayden bought a home, lived in it for 6 months, moved out, and never occupied the home again. Income tax forms 2011 He later sold the home for a gain. Income tax forms 2011 He owned the home during the entire 5-year period ending on the date of sale. Income tax forms 2011 He meets the ownership test but not the use test. Income tax forms 2011 He cannot exclude any part of his gain on the sale unless he qualified for a reduced maximum exclusion (explained later). Income tax forms 2011 Period of Ownership and Use The required 2 years of ownership and use during the 5-year period ending on the date of the sale do not have to be continuous nor do they both have to occur at the same time. Income tax forms 2011 You meet the tests if you can show that you owned and lived in the property as your main home for either 24 full months or 730 days (365 × 2) during the 5-year period ending on the date of sale. Income tax forms 2011 Temporary absence. Income tax forms 2011   Short temporary absences for vacations or other seasonal absences, even if you rent out the property during the absences, are counted as periods of use. Income tax forms 2011 The following examples assume that the reduced maximum exclusion (discussed later) does not apply to the sales. Income tax forms 2011 Example 1. Income tax forms 2011 David Johnson, who is single, bought and moved into his home on February 1, 2011. Income tax forms 2011 Each year during 2011 and 2012, David left his home for a 2-month summer vacation. Income tax forms 2011 David sold the house on March 1, 2013. Income tax forms 2011 Although the total time David used his home is less than 2 years (21 months), he meets the requirement and may exclude gain. Income tax forms 2011 The 2-month vacations are short temporary absences and are counted as periods of use in determining whether David used the home for the required 2 years. Income tax forms 2011 Example 2. Income tax forms 2011 Professor Paul Beard, who is single, bought and moved into a house on August 18, 2010. Income tax forms 2011 He lived in it as his main home continuously until January 5, 2012, when he went abroad for a 1-year sabbatical leave. Income tax forms 2011 On February 6, 2013, 1 month after returning from the leave, Paul sold the house at a gain. Income tax forms 2011 Because his leave was not a short temporary absence, he cannot include the period of leave to meet the 2-year use test. Income tax forms 2011 He cannot exclude any part of his gain, because he did not use the residence for the required 2 years. Income tax forms 2011 Ownership and use tests met at different times. Income tax forms 2011   You can meet the ownership and use tests during different 2-year periods. Income tax forms 2011 However, you must meet both tests during the 5-year period ending on the date of the sale. Income tax forms 2011 Example. Income tax forms 2011 Beginning in 2002, Helen Jones lived in a rented apartment. Income tax forms 2011 The apartment building was later converted to condominiums, and she bought her same apartment on December 3, 2010. Income tax forms 2011 In 2011, Helen became ill and on April 14 of that year she moved to her daughter's home. Income tax forms 2011 On July 12, 2013, while still living in her daughter's home, she sold her condominium. Income tax forms 2011 Helen can exclude gain on the sale of her condominium because she met the ownership and use tests during the 5-year period from July 13, 2008, to July 12, 2013, the date she sold the condominium. Income tax forms 2011 She owned her condominium from December 3, 2010, to July 12, 2013 (more than 2 years). Income tax forms 2011 She lived in the property from July 13, 2008 (the beginning of the 5-year period), to April 14, 2011 (more than 2 years). Income tax forms 2011 The time Helen lived in her daughter's home during the 5-year period can be counted toward her period of ownership, and the time she lived in her rented apartment during the 5-year period can be counted toward her period of use. Income tax forms 2011 Cooperative apartment. Income tax forms 2011   If you sold stock as a tenant-stockholder in a cooperative housing corporation, the ownership and use tests are met if, during the 5-year period ending on the date of sale, you: Owned the stock for at least 2 years, and Lived in the house or apartment that the stock entitles you to occupy as your main home for at least 2 years. Income tax forms 2011 Exceptions to Ownership and Use Tests The following sections contain exceptions to the ownership and use tests for certain taxpayers. Income tax forms 2011 Exception for individuals with a disability. Income tax forms 2011   There is an exception to the use test if: You become physically or mentally unable to care for yourself, and You owned and lived in your home as your main home for a total of at least 1 year during the 5-year period before the sale of your home. Income tax forms 2011 Under this exception, you are considered to live in your home during any time within the 5-year period that you own the home and live in a facility (including a nursing home) licensed by a state or political subdivision to care for persons in your condition. Income tax forms 2011 If you meet this exception to the use test, you still have to meet the 2-out-of-5-year ownership test to claim the exclusion. Income tax forms 2011 Previous home destroyed or condemned. Income tax forms 2011   For the ownership and use tests, you add the time you owned and lived in a previous home that was destroyed or condemned to the time you owned and lived in the replacement home on whose sale you wish to exclude gain. Income tax forms 2011 This rule applies if any part of the basis of the home you sold depended on the basis of the destroyed or condemned home. Income tax forms 2011 Otherwise, you must have owned and lived in the same home for 2 of the 5 years before the sale to qualify for the exclusion. Income tax forms 2011 Members of the uniformed services or Foreign Service, employees of the intelligence community, or employees or volunteers of the Peace Corps. Income tax forms 2011   You can choose to have the 5-year test period for ownership and use suspended during any period you or your spouse serve on “qualified official extended duty” as a member of the uniformed services or Foreign Service of the United States, or as an employee of the intelligence community. Income tax forms 2011 You can choose to have the 5-year test period for ownership and use suspended during any period you or your spouse serve outside the United States either as an employee of the Peace Corps on "qualified official extended duty" or as an enrolled volunteer or volunteer leader of the Peace Corps. Income tax forms 2011 This means that you may be able to meet the 2-year use test even if, because of your service, you did not actually live in your home for at least the required 2 years during the 5-year period ending on the date of sale. Income tax forms 2011   If this helps you qualify to exclude gain, you can choose to have the 5-year test period suspended by filing a return for the year of sale that does not include the gain. Income tax forms 2011 For more information about the suspension of the 5-year test period, see Members of the uniformed services or Foreign Service, employees of the intelligence community, or employees or volunteers of the Peace Corps in Publication 523. Income tax forms 2011 Married Persons If you and your spouse file a joint return for the year of sale and one spouse meets the ownership and use tests, you can exclude up to $250,000 of the gain. Income tax forms 2011 (But see Special rules for joint returns , next. Income tax forms 2011 ) Special rules for joint returns. Income tax forms 2011   You can exclude up to $500,000 of the gain on the sale of your main home if all of the following are true. Income tax forms 2011 You are married and file a joint return for the year. Income tax forms 2011 Either you or your spouse meets the ownership test. Income tax forms 2011 Both you and your spouse meet the use test. Income tax forms 2011 During the 2-year period ending on the date of the sale, neither you nor your spouse excluded gain from the sale of another home. Income tax forms 2011 If either spouse does not satisfy all these requirements, the maximum exclusion that can be claimed by the couple is the total of the maximum exclusions that each spouse would qualify for if not married and the amounts were figured separately. Income tax forms 2011 For this purpose, each spouse is treated as owning the property during the period that either spouse owned the property. Income tax forms 2011 Example 1—one spouse sells a home. Income tax forms 2011 Emily sells her home in June 2013 for a gain of $300,000. Income tax forms 2011 She marries Jamie later in the year. Income tax forms 2011 She meets the ownership and use tests, but Jamie does not. Income tax forms 2011 Emily can exclude up to $250,000 of gain on a separate or joint return for 2013. Income tax forms 2011 The $500,000 maximum exclusion for certain joint returns does not apply because Jamie does not meet the use test. Income tax forms 2011 Example 2—each spouse sells a home. Income tax forms 2011 The facts are the same as in Example 1 except that Jamie also sells a home in 2013 for a gain of $200,000 before he marries Emily. Income tax forms 2011 He meets the ownership and use tests on his home, but Emily does not. Income tax forms 2011 Emily can exclude $250,000 of gain and Jamie can exclude $200,000 of gain on the respective sales of their individual homes. Income tax forms 2011 However, Emily cannot use Jamie's unused exclusion to exclude more than $250,000 of gain. Income tax forms 2011 Therefore, Emily and Jamie must recognize $50,000 of gain on the sale of Emily's home. Income tax forms 2011 The $500,000 maximum exclusion for certain joint returns does not apply because Emily and Jamie do not both meet the use test for the same home. Income tax forms 2011 Sale of main home by surviving spouse. Income tax forms 2011   If your spouse died and you did not remarry before the date of sale, you are considered to have owned and lived in the property as your main home during any period of time when your spouse owned and lived in it as a main home. Income tax forms 2011   If you meet all of the following requirements, you may qualify to exclude up to $500,000 of any gain from the sale or exchange of your main home. Income tax forms 2011 The sale or exchange took place after 2008. Income tax forms 2011 The sale or exchange took place no more than 2 years after the date of death of your spouse. Income tax forms 2011 You have not remarried. Income tax forms 2011 You and your spouse met the use test at the time of your spouse's death. Income tax forms 2011 You or your spouse met the ownership test at the time of your spouse's death. Income tax forms 2011 Neither you nor your spouse excluded gain from the sale of another home during the last 2 years. Income tax forms 2011 Example. Income tax forms 2011   Harry owned and used a house as his main home since 2009. Income tax forms 2011 Harry and Wilma married on July 1, 2013, and from that date they use Harry's house as their main home. Income tax forms 2011 Harry died on August 15, 2013, and Wilma inherited the property. Income tax forms 2011 Wilma sold the property on September 3, 2013, at which time she had not remarried. Income tax forms 2011 Although Wilma owned and used the house for less than 2 years, Wilma is considered to have satisfied the ownership and use tests because her period of ownership and use includes the period that Harry owned and used the property before death. Income tax forms 2011 Home transferred from spouse. Income tax forms 2011   If your home was transferred to you by your spouse (or former spouse if the transfer was incident to divorce), you are considered to have owned it during any period of time when your spouse owned it. Income tax forms 2011 Use of home after divorce. Income tax forms 2011   You are considered to have used property as your main home during any period when: You owned it, and Your spouse or former spouse is allowed to live in it under a divorce or separation instrument and uses it as his or her main home. Income tax forms 2011 Reduced Maximum Exclusion If you fail to meet the requirements to qualify for the $250,000 or $500,000 exclusion, you may still qualify for a reduced exclusion. Income tax forms 2011 This applies to those who: Fail to meet the ownership and use tests, or Have used the exclusion within 2 years of selling their current home. Income tax forms 2011 In both cases, to qualify for a reduced exclusion, the sale of your main home must be due to one of the following reasons. Income tax forms 2011 A change in place of employment. Income tax forms 2011 Health. Income tax forms 2011 Unforeseen circumstances. Income tax forms 2011 Unforeseen circumstances. Income tax forms 2011   The sale of your main home is because of an unforeseen circumstance if your primary reason for the sale is the occurrence of an event that you could not reasonably have anticipated before buying and occupying your main home. Income tax forms 2011   See Publication 523 for more information and to use Worksheet 3 to figure your reduced maximum exclusion. Income tax forms 2011 Business Use or Rental of Home You may be able to exclude gain from the sale of a home you have used for business or to produce rental income. Income tax forms 2011 But you must meet the ownership and use tests. Income tax forms 2011 Periods of nonqualified use. Income tax forms 2011   In most cases, gain from the sale or exchange of your main home will not qualify for the exclusion to the extent that the gains are allocated to periods of nonqualified use. Income tax forms 2011 Nonqualified use is any period after 2008 during which neither you nor your spouse (or your former spouse) used the property as a main home with the following exceptions. Income tax forms 2011 Exceptions. Income tax forms 2011   A period of nonqualified use does not include: Any portion of the 5-year period ending on the date of the sale or exchange after the last date you (or your spouse) use the property as a main home; Any period (not to exceed an aggregate period of 10 years) during which you (or your spouse) are serving on qualified official extended duty: As a member of the uniformed services; As a member of the Foreign Service of the United States; or As an employee of the intelligence community; and Any other period of temporary absence (not to exceed an aggregate period of 2 years) due to change of employment, health conditions, or such other unforeseen circumstances as may be specified by the IRS. Income tax forms 2011 The gain resulting from the sale of the property is allocated between qualified and nonqualified use periods based on the amount of time the property was held for qualified and nonqualified use. Income tax forms 2011 Gain from the sale or exchange of a main home allocable to periods of qualified use will continue to qualify for the exclusion for the sale of your main home. Income tax forms 2011 Gain from the sale or exchange of property allocable to nonqualified use will not qualify for the exclusion. Income tax forms 2011 Calculation. Income tax forms 2011   To figure the portion of the gain allocated to the period of nonqualified use, multiply the gain by the following fraction:   Total nonqualified use during the period of ownership after 2008      Total period of ownership     This calculation can be found in Worksheet 2, line 10, in Publication 523. Income tax forms 2011 Example 1. Income tax forms 2011 On May 23, 2007, Amy, who is unmarried for all years in this example, bought a house. Income tax forms 2011 She moved in on that date and lived in it until May 31, 2009, when she moved out of the house and put it up for rent. Income tax forms 2011 The house was rented from June 1, 2009, to March 31, 2011. Income tax forms 2011 Amy claimed depreciation deductions in 2009 through 2011 totaling $10,000. Income tax forms 2011 Amy moved back into the house on April 1, 2011, and lived there until she sold it on January 31, 2013, for a gain of $200,000. Income tax forms 2011 During the 5-year period ending on the date of the sale (January 31, 2008-January 31, 2013), Amy owned and lived in the house for more than 2 years as shown in the following table. Income tax forms 2011 Five Year Period Used as  Home Used as  Rental 1/31/08 – 5/31/09 16 months       6/1/09 – 3/31/11   22 months 4/1/11 – 1/31/13 22 months         38 months 22 months During the period Amy owned the house (2,080 days), her period of nonqualified use was 668 days. Income tax forms 2011 Amy divides 668 by 2,080 and obtains a decimal (rounded to at least three decimal places) of 0. Income tax forms 2011 321. Income tax forms 2011 To figure her gain attributable to the period of nonqualified use, she multiplies $190,000 (the gain not attributable to the $10,000 depreciation deduction) by 0. Income tax forms 2011 321. Income tax forms 2011 Because the gain attributable to periods of nonqualified use is $60,990, Amy can exclude $129,010 of her gain. Income tax forms 2011 Example 2. Income tax forms 2011 William owned and used a house as his main home from 2007 through 2010. Income tax forms 2011 On January 1, 2011, he moved to another state. Income tax forms 2011 He rented his house from that date until April 30, 2013, when he sold it. Income tax forms 2011 During the 5-year period ending on the date of sale (May 1, 2008-April 30, 2013), William owned and lived in the house for more than 2 years. Income tax forms 2011 He must report the sale on Form 4797 because it was rental property at the time of sale. Income tax forms 2011 Because the period of nonqualified use does not include any part of the 5-year period after the last date William lived in the house, he has no period of nonqualified use. Income tax forms 2011 Because he met the ownership and use tests, he can exclude gain up to $250,000. Income tax forms 2011 However, he cannot exclude the part of the gain equal to the depreciation he claimed or could have claimed for renting the house, as explained next. Income tax forms 2011 Depreciation after May 6, 1997. Income tax forms 2011   If you were entitled to take depreciation deductions because you used your home for business purposes or as rental property, you cannot exclude the part of your gain equal to any depreciation allowed or allowable as a deduction for periods after May 6, 1997. Income tax forms 2011 If you can show by adequate records or other evidence that the depreciation allowed was less than the amount allowable, then you may limit the amount of gain recognized to the depreciation allowed. Income tax forms 2011 See Publication 544 for more information. Income tax forms 2011 Property used partly for business or rental. Income tax forms 2011   If you used property partly as a home and partly for business or to produce rental income, see Publication 523. Income tax forms 2011 Reporting the Sale Do not report the 2013 sale of your main home on your tax return unless: You have a gain and do not qualify to exclude all of it, You have a gain and choose not to exclude it, or You received Form 1099-S. Income tax forms 2011 If any of these conditions apply, report the entire gain or loss. Income tax forms 2011 For details on how to report the gain or loss, see the Instructions for Schedule D (Form 1040) and the Instructions for Form 8949. Income tax forms 2011 If you used the home for business or to produce rental income, you may have to use Form 4797 to report the sale of the business or rental part (or the sale of the entire property if used entirely for business or rental). Income tax forms 2011 See Business Use or Rental of Home in Publication 523 and the Instructions for Form 4797. Income tax forms 2011 Installment sale. Income tax forms 2011    Some sales are made under arrangements that provide for part or all of the selling price to be paid in a later year. Income tax forms 2011 These sales are called “installment sales. Income tax forms 2011 ” If you finance the buyer's purchase of your home yourself instead of having the buyer get a loan or mortgage from a bank, you probably have an installment sale. Income tax forms 2011 You may be able to report the part of the gain you cannot exclude on the installment basis. Income tax forms 2011    Use Form 6252, Installment Sale Income, to report the sale. Income tax forms 2011 Enter your exclusion on line 15 of Form 6252. Income tax forms 2011 Seller-financed mortgage. Income tax forms 2011   If you sell your home and hold a note, mortgage, or other financial agreement, the payments you receive in most cases consist of both interest and principal. Income tax forms 2011 You must separately report as interest income the interest you receive as part of each payment. Income tax forms 2011 If the buyer of your home uses the property as a main or second home, you must also report the name, address, and social security number (SSN) of the buyer on line 1 of Schedule B (Form 1040A or 1040). Income tax forms 2011 The buyer must give you his or her SSN, and you must give the buyer your SSN. Income tax forms 2011 Failure to meet these requirements may result in a $50 penalty for each failure. Income tax forms 2011 If either you or the buyer does not have and is not eligible to get an SSN, see Social Security Number in chapter 1. Income tax forms 2011 More information. Income tax forms 2011   For more information on installment sales, see Publication 537, Installment Sales. Income tax forms 2011 Special Situations The situations that follow may affect your exclusion. Income tax forms 2011 Sale of home acquired in a like-kind exchange. Income tax forms 2011   You cannot claim the exclusion if: You acquired your home in a like-kind exchange (also known as a section 1031 exchange), or your basis in your home is determined by reference to the basis of the home in the hands of the person who acquired the property in a like-kind exchange (for example, you received the home from that person as a gift), and You sold the home during the 5-year period beginning with the date your home was acquired in the like-kind exchange. Income tax forms 2011 Gain from a like-kind exchange is not taxable at the time of the exchange. Income tax forms 2011 This means that gain will not be taxed until you sell or otherwise dispose of the property you receive. Income tax forms 2011 To defer gain from a like-kind exchange, you must have exchanged business or investment property for business or investment property of a like kind. Income tax forms 2011 For more information about like-kind exchanges, see Publication 544, Sales and Other Dispositions of Assets. Income tax forms 2011 Home relinquished in a like-kind exchange. Income tax forms 2011   If you use your main home partly for business or rental purposes and then exchange the home for another property, see Publication 523. Income tax forms 2011 Expatriates. Income tax forms 2011   You cannot claim the exclusion if the expatriation tax applies to you. Income tax forms 2011 The expatriation tax applies to certain U. Income tax forms 2011 S. Income tax forms 2011 citizens who have renounced their citizenship (and to certain long-term residents who have ended their residency). Income tax forms 2011 For more information about the expatriation tax, see Expatriation Tax in chapter 4 of Publication 519, U. Income tax forms 2011 S. Income tax forms 2011 Tax Guide for Aliens. Income tax forms 2011 Home destroyed or condemned. Income tax forms 2011   If your home was destroyed or condemned, any gain (for example, because of insurance proceeds you received) qualifies for the exclusion. Income tax forms 2011   Any part of the gain that cannot be excluded (because it is more than the maximum exclusion) can be postponed under the rules explained in: Publication 547, in the case of a home that was destroyed, or Publication 544, chapter 1, in the case of a home that was condemned. Income tax forms 2011 Sale of remainder interest. Income tax forms 2011   Subject to the other rules in this chapter, you can choose to exclude gain from the sale of a remainder interest in your home. Income tax forms 2011 If you make this choice, you cannot choose to exclude gain from your sale of any other interest in the home that you sell separately. Income tax forms 2011 Exception for sales to related persons. Income tax forms 2011   You cannot exclude gain from the sale of a remainder interest in your home to a related person. Income tax forms 2011 Related persons include your brothers, sisters, half-brothers, half-sisters, spouse, ancestors (parents, grandparents, etc. Income tax forms 2011 ), and lineal descendants (children, grandchildren, etc. Income tax forms 2011 ). Income tax forms 2011 Related persons also include certain corporations, partnerships, trusts, and exempt organizations. Income tax forms 2011 Recapturing (Paying Back) a Federal Mortgage Subsidy If you financed your home under a federally subsidized program (loans from tax-exempt qualified mortgage bonds or loans with mortgage credit certificates), you may have to recapture all or part of the benefit you received from that program when you sell or otherwise dispose of your home. Income tax forms 2011 You recapture the benefit by increasing your federal income tax for the year of the sale. Income tax forms 2011 You may have to pay this recapture tax even if you can exclude your gain from income under the rules discussed earlier; that exclusion does not affect the recapture tax. Income tax forms 2011 Loans subject to recapture rules. Income tax forms 2011   The recapture applies to loans that: Came from the proceeds of qualified mortgage bonds, or Were based on mortgage credit certificates. Income tax forms 2011 The recapture also applies to assumptions of these loans. Income tax forms 2011 When recapture applies. Income tax forms 2011   Recapture of the federal mortgage subsidy applies only if you meet both of the following conditions. Income tax forms 2011 You sell or otherwise dispose of your home at a gain within the first 9 years after the date you close your mortgage loan. Income tax forms 2011 Your income for the year of disposition is more than that year's adjusted qualifying income for your family size for that year (related to the income requirements a person must meet to qualify for the federally subsidized program). Income tax forms 2011 When recapture does not apply. Income tax forms 2011   Recapture does not apply in any of the following situations. Income tax forms 2011 Your mortgage loan was a qualified home improvement loan (QHIL) of not more than $15,000 used for alterations, repairs, and improvements that protect or improve the basic livability or energy efficiency of your home. Income tax forms 2011 Your mortgage loan was a QHIL of not more than $150,000 in the case of a QHIL used to repair damage from Hurricane Katrina to homes in the hurricane disaster area; a QHIL funded by a qualified mortgage bond that is a qualified Gulf Opportunity Zone Bond; or a QHIL for an owner-occupied home in the Gulf Opportunity Zone (GO Zone), Rita GO Zone, or Wilma GO Zone. Income tax forms 2011 For more information, see Publication 4492, Information for Taxpayers Affected by Hurricanes Katrina, Rita, and Wilma. Income tax forms 2011 Also see Publication 4492-B, Information for Affected Taxpayers in the Midwestern Disaster Areas. Income tax forms 2011 The home is disposed of as a result of your death. Income tax forms 2011 You dispose of the home more than 9 years after the date you closed your mortgage loan. Income tax forms 2011 You transfer the home to your spouse, or to your former spouse incident to a divorce, where no gain is included in your income. Income tax forms 2011 You dispose of the home at a loss. Income tax forms 2011 Your home is destroyed by a casualty, and you replace it on its original site within 2 years after the end of the tax year when the destruction happened. Income tax forms 2011 The replacement period is extended for main homes destroyed in a federally declared disaster area, a Midwestern disaster area, the Kansas disaster area, and the Hurricane Katrina disaster area. Income tax forms 2011 For more information, see Replacement Period in Publication 547. Income tax forms 2011 You refinance your mortgage loan (unless you later meet the conditions listed previously under When recapture applies ). Income tax forms 2011 Notice of amounts. Income tax forms 2011   At or near the time of settlement of your mortgage loan, you should receive a notice that provides the federally subsidized amount and other information you will need to figure your recapture tax. Income tax forms 2011 How to figure and report the recapture. Income tax forms 2011    The recapture tax is figured on Form 8828. Income tax forms 2011 If you sell your home and your mortgage is subject to recapture rules, you must file Form 8828 even if you do not owe a recapture tax. Income tax forms 2011 Attach Form 8828 to your Form 1040. Income tax forms 2011 For more information, see Form 8828 and its instructions. Income tax forms 2011 Prev  Up  Next   Home   More Online Publications
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The Income Tax Forms 2011

Income tax forms 2011 5. Income tax forms 2011   Ministers and Church Employees Table of Contents Alternative Limit for Church Employees Changes to Includible Compensation for Most Recent Year of ServiceChanges to Includible Compensation Changes to Years of Service Self-employed ministers and church employees who participate in 403(b) plans generally follow the same rules as other 403(b) plan participants. Income tax forms 2011 This means that if you are a self-employed minister or a church employee, your MAC generally is the lesser of: Your limit on annual additions, or Your limit on elective deferrals. Income tax forms 2011 For most ministers and church employees, the limit on annual additions is figured without any changes. Income tax forms 2011 This means that if you are a minister or church employee, your limit on annual additions generally is the lesser of: $51,000 for 2013 and $52,000 for 2014, or Your includible compensation for your most recent year of service. Income tax forms 2011 Although, in general, the same limit applies, church employees can choose an alternative limit and there are changes in how church employees, foreign missionaries, and self-employed ministers figure includible compensation for the most recent year of service. Income tax forms 2011 This chapter will explain the alternative limit and the changes. Income tax forms 2011 Who is a church employee?   A church employee is anyone who is an employee of a church or a convention or association of churches, including an employee of a tax-exempt organization controlled by or associated with a church or a convention or association of churches. Income tax forms 2011 Alternative Limit for Church Employees If you are a church employee, you can choose to use $10,000 a year as your limit on annual additions, even if your annual additions computed under the general rule is less. Income tax forms 2011 Total contributions over your lifetime under this choice cannot be more than $40,000. Income tax forms 2011 Changes to Includible Compensation for Most Recent Year of Service There are two types of changes in determining includible compensation for the most recent year of service. Income tax forms 2011 They are: Changes in how the includible compensation of foreign missionaries and self-employed ministers is figured, and A change to the years that are counted when figuring the most recent year of service for church employees and self-employed ministers. Income tax forms 2011 Changes to Includible Compensation Includible compensation is figured differently for foreign missionaries and self-employed ministers. Income tax forms 2011 Foreign missionary. Income tax forms 2011   If you are a foreign missionary, your includible compensation includes foreign earned income that may otherwise be excludable from your gross income under section 911. Income tax forms 2011   If you are a foreign missionary, and your adjusted gross income is $17,000 or less, contributions to your 403(b) account will not be treated as exceeding the limit on annual additions if the contributions are not in excess of $3,000. Income tax forms 2011   You are a foreign missionary if you are either a layperson or a duly ordained, commissioned, or licensed minister of a church and you meet both of the following requirements. Income tax forms 2011 You are an employee of a church or convention or association of churches. Income tax forms 2011 You are performing services for the church outside the United States. Income tax forms 2011 Self-employed minister. Income tax forms 2011   If you are a self-employed minister, you are treated as an employee of a tax-exempt organization that is a qualified employer. Income tax forms 2011 Your includible compensation is your net earnings from your ministry minus the contributions made to the retirement plan on your behalf and the deductible portion of your self-employment tax. Income tax forms 2011 Changes to Years of Service Generally, only service with the employer who maintains your 403(b) account can be counted when figuring your limit on annual additions. Income tax forms 2011 Church employees. Income tax forms 2011   If you are a church employee, treat all of your years of service as an employee of a church or a convention or association of churches as years of service with one employer. Income tax forms 2011 Self-employed minister. Income tax forms 2011   If you are a self-employed minister, your years of service include full and part years during which you were self-employed. Income tax forms 2011 Prev  Up  Next   Home   More Online Publications