taxn00b Posted June 23, 2022 Report Posted June 23, 2022 Taxpayers (MFJ) owned two side by side duplexes. While residing there, they knocked down the dividing wall and used both duplexes as a single unit for their primary residence (one address). When they sold the property, they reconstructed the dividing wall and sold each side as a separate unit, each reported as an independent sale (two settlement sheets and two 1099-S). Would they be able to claim the 121 exclusion on both sales? TIA Quote
mcb39 Posted June 23, 2022 Report Posted June 23, 2022 2 hours ago, taxn00b said: Taxpayers (MFJ) owned two side by side duplexes. While residing there, they knocked down the dividing wall and used both duplexes as a single unit for their primary residence (one address). When they sold the property, they reconstructed the dividing wall and sold each side as a separate unit, each reported as an independent sale (two settlement sheets and two 1099-S). Would they be able to claim the 121 exclusion on both sales? TIA I don't see why not if they pass the residency tests and never used it as a rental. 3 Quote
TexTaxToo Posted June 24, 2022 Report Posted June 24, 2022 22 hours ago, taxn00b said: Would they be able to claim the 121 exclusion on both sales? TIA Interesting question for a tax lawyer. If you think they qualify, would they be able to take the entire $500K exclusion on each sale? Or should they get only a combined $500K exclusion on the two sales? Both may run into the problem that the exclusion is not allowed for any sale if the exclusion was taken on a sale within the previous two years. Of course, they could have made a single sale to a third party, who then sold the two units separately. Since they didn't, I don't know the answer. 2 Quote
Lion EA Posted June 24, 2022 Report Posted June 24, 2022 If it was one residence for the MFJ couple selling, and they otherwise qualify, then up to $500,000 exclusion. It was one residence for the couple, per OP; they just sold it in two pieces. A bit like selling some land used with a residence and then later house and rest of the land as two sales that can qualify for the exclusion if meeting all the qualifications and time limits. Never a rental, right? Quote
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