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Subject:  Re: Sale of rental property Date:  8/12/2001  9:10 PM
Author:  jailleres Number:  53287 of 127613

I am not a tax professional. I did this once on my personal taxes, which I make a lot of mistakes on. I recommend you see a tax pro because you'll be dealing with this issue, with recaptured depreciation, and with schedule D gains and losses.

My source is J.K.Lasser, 2000 tax year. So you need to get the current one or find the related IRS pubs (pubs 544 and 550 and Schedule D), to start with.

>>>The reason we rented was because we could not sell it for a fair price when I moved to a new job.

Lasser, p. 473: "If you are forced to sell your principal residence before meeting the 2 out of 5 year ownership and use tests because of a change in your place of employment or health or unforeseen circumstances, the exclusion is prorated.... The IRS allocates the exclusion on a daily basis..."
Since the exclusion on personal residences is $250K every so often (2years?), if you work that out over 2 years, you get about $10K of excluded gain for each month that you lived in the house. So right there you will owe no taxes on the gain.

>>>I did include depreciation in my net gain, but I think I underestimated the amountI did include depreciation in my net gain, but I think I underestimated the amount.

Get your tax records and find out. What I do next is to make and Excel spreadsheet of Schedule D and start working out the numbers. You have to load in the whole Schedule D calculations, though, and it gets tricky. The depreciation makes the whole thing more complicated and I don't know if it is allowed to be excluded as discussed above. It has a special tax rate of 25% on Schedule D. So I recommend getting your stuff all on a spreadsheet, or at least in a proper filing system and added up to reduce the fees, and find a good tax accountant. You still have time before year end to work it out and see if selling stocks will benefit you.

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