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February 5, 2024
Question

Military Sale of Home before 2 year capital gain exclusion

  • February 5, 2024
  • 1 reply
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Would we be able to be exempt from paying taxes on the gain on the sale of our primary residence if we are active military duty, owned less than 2 years, lived in North Carolina, with Texas as Primary State of Residence? I retired from military Jan 2024.

1 reply

February 5, 2024

The military service exemption from residing in the house in two out of previous five years allows you to suspend the 5-year test period for ownership and residence.  It does not waive the two year residence period.  There is another exception that allows you to take a partial exemption if you took or were transferred to a new job in a work location at least 50 miles farther from the home than your old work location.  For additional information, see the following IRS Publication:  Publication 523, Selling Your Home

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