Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 10 Draft Ok to Print AH XSL/XML Fileid: … tions/p523/2022/a/xml/cycle04/source (Init. & Date) _______ Page 1 of 22 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Contents Internal Revenue Service Future Developments . . . . . . . . . . . . . . . . . . . . . . . 1 Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Publication 523 Cat. No. 15044W Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Does Your Home Sale Qualify for the Exclusion of Gain? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Selling Eligibility Test . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Does Your Home Qualify for a Partial Your Home Exclusion of Gain? . . . . . . . . . . . . . . . . . . . . . . 6 Figuring Gain or Loss . . . . . . . . . . . . . . . . . . . . . . . 8 For use in preparing Basis Adjustments—Details and Exceptions . . . . . 8 Business or Rental Use of Home . . . . . . . . . . . . 11 2022 Returns How Much Is Taxable? . . . . . . . . . . . . . . . . . . . . . 14 Recapturing Depreciation . . . . . . . . . . . . . . . . . 15 Reporting Your Home Sale . . . . . . . . . . . . . . . . . . 15 Reporting Gain or Loss on Your Home Sale . . . . 15 Reporting Deductions Related to Your Home Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Reporting Other Income Related to Your Home Sale . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Paying Back Credits and Subsidies . . . . . . . . . . 18 How To Get Tax Help . . . . . . . . . . . . . . . . . . . . . . 18 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Future Developments For the latest information about developments related to Pub. 523, such as legislation enacted after it was published, go to IRS.gov/Pub523. Reminders Photographs of missing children. The IRS is a proud partner with the National Center for Missing & Exploited Children® (NCMEC). Photographs of missing children se- lected by the Center may appear in this publication on pa- ges that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 800-THE-LOST (800-843-5678) if you recognize a child. Special rules for capital gains invested in Qualified Opportunity Funds. Effective December 22, 2017, sec- tion 1400Z-2 provides a temporary deferral of inclusion in gross income for capital gains invested in Qualified Op- portunity Funds, and permanent exclusion of capital gains from the sale or exchange of an investment in the Quali- fied Opportunity Fund if the investment is held for at least Get forms and other information faster and easier at: 10 years. For more information, see the Instructions for • IRS.gov (English) • IRS.gov/Korean (한국어) Form 8949. • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) Extension of the exclusion of canceled or forgiven • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) mortgage debt from income. The exclusion of income Dec 12, 2022 |
Page 2 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. for mortgage debt canceled or forgiven was extended Useful Items through December 31, 2025. The indebtedness dis- You may want to see: charged must generally be on a qualified principal resi- dence, and based on an agreement in writing prior to Jan- Publication uary 1, 2026. See Report as ordinary income on Form 504 504 Divorced or Separated Individuals 1040, 1040-SR, or 1040-NR applicable canceled or for- given mortgage debt, later. 505 505 Tax Withholding and Estimated Tax 527 527 Residential Rental Property 530 530 Tax Information for Homeowners Introduction 537 537 Installment Sales This publication explains the tax rules that apply when you 544 544 Sales and Other Dispositions of Assets sell or otherwise give up ownership of a home. If you meet certain conditions, you may exclude the first $250,000 of 547 547 Casualties, Disasters, and Thefts gain from the sale of your home from your income and 551 551 Basis of Assets avoid paying taxes on it. The exclusion is increased to 587 587 Business Use of Your Home $500,000 for a married couple filing jointly. This publication also has worksheets for calculations 936 936 Home Mortgage Interest Deduction relating to the sale of your home. It will show you how to: 4681 4681 Canceled Debts, Foreclosures, 1. Determine if you have a gain or loss on the sale of Repossessions, and Abandonments your home, Form (and Instructions) 2. Figure how much of any gain is taxable, and Schedule A (Form 1040) Schedule A (Form 1040) Itemized Deductions 3. Report the transaction correctly on your tax return. Schedule B (Form 1040) Schedule B (Form 1040) Interest and Ordinary Comments and suggestions. We welcome your com- Dividends ments about this publication and suggestions for future Schedule D (Form 1040) Schedule D (Form 1040) Capital Gains and Losses editions. 982 982 Reduction of Tax Attributes Due to Discharge of You can send us comments through IRS.gov/ FormComments. Or, you can write to the Internal Reve- Indebtedness (and Section 1082 Basis nue Service, Tax Forms and Publications, 1111 Constitu- Adjustment) tion Ave. NW, IR-6526, Washington, DC 20224. 1040 1040 U.S. Individual Income Tax Return Although we can’t respond individually to each com- 1040-NR 1040-NR U.S. Nonresident Income Tax Return ment received, we do appreciate your feedback and will consider your comments and suggestions as we revise 1040-SR 1040-SR U.S. Income Tax Return for Seniors our tax forms, instructions, and publications. Don’t send 1099-S 1099-S Proceeds From Real Estate Transactions tax questions, tax returns, or payments to the above ad- 4797 dress. 4797 Sales of Business Property 5405 Getting answers to your tax questions. If you have 5405 Repayment of the First-Time Homebuyer a tax question not answered by this publication or the How Credit To Get Tax Help section at the end of this publication, go 6252 6252 Installment Sale Income to the IRS Interactive Tax Assistant page at IRS.gov/ 8822 8822 Change of Address Help/ITA where you can find topics by using the search feature or viewing the categories listed. 8828 8828 Recapture of Federal Mortgage Subsidy 8949 Getting tax forms, instructions, and publications. 8949 Sales and Other Dispositions of Capital Assets Go to IRS.gov/Forms to download current and prior-year W-2 W-2 Wage and Tax Statement forms, instructions, and publications. W-7 W-7 Application for IRS Individual Taxpayer Ordering tax forms, instructions, and publications. Identification Number Go to IRS.gov/OrderForms to order current forms, instruc- tions, and publications; call 800-829-3676 to order prior-year forms and instructions. The IRS will process your order for forms and publications as soon as possible. Does Your Home Sale Qualify Don’t resubmit requests you’ve already sent us. You can for the Exclusion of Gain? get forms and publications faster online. The tax code recognizes the importance of home owner- ship by allowing you to exclude gain when you sell your main home. To qualify for the maximum exclusion of gain ($250,000 or $500,000 if married filing jointly), you must meet the Eligibility Test, explained later. To qualify for a Page 2 Publication 523 (2022) |
Page 3 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. partial exclusion of gain, meaning an exclusion of gain less than the full amount, you must meet one of the situa- tions listed in Does Your Home Qualify for a Partial Exclu- Eligibility Test sion of Gain, later. Before considering the Eligibility Test or whether your The Eligibility Test determines whether you are eligible for home qualifies for a partial exclusion, you should consider the maximum exclusion of gain ($250,000 or $500,000 if some preliminary items. married filing jointly). Transfer of your home to a spouse or an ex-spouse. Eligibility Step 1—Automatic Generally, if you transferred your home (or share of a Disqualification jointly owned home) to a spouse or ex-spouse as part of a divorce settlement, you are considered to have no gain or Determine whether any of the automatic disqualifica- loss. You have nothing to report from the transfer and this tions apply. Your home sale isn’t eligible for the exclu- entire publication doesn’t apply to you. However, there is sion if ANY of the following are true. one exception to this rule. If your spouse or ex-spouse is a nonresident alien, then you likely will have a gain or loss • You acquired the property through a like-kind ex- from the transfer and the tests in this publication apply. change (1031 exchange), during the past 5 years. See Pub. 544, Sales and Other Dispositions of As- Home’s date of sale. To determine if you meet the Eligi- sets. bility Test or qualify for a partial exclusion, you will need to You are subject to expatriate tax. For more information • know the home's date of sale, meaning when you sold it. If about expatriate tax, see chapter 4 of Pub. 519, U.S. you received Form 1099-S, Proceeds From Real Estate Tax Guide for Aliens. Transactions, the date of sale appears in box 1. If you didn’t receive Form 1099-S, the date of sale is either the If any of these conditions are true, the exclusion date the title transferred or the date the economic burdens doesn’t apply. Skip to Figuring Gain or Loss, later. and benefits of ownership shifted to the buyer, whichever date is earlier. In most cases, these dates are the same. Eligibility Step 2—Ownership Sale of your main home. You may take the exclusion, Determine whether you meet the ownership require- whether maximum or partial, only on the sale of a home ment. If you owned the home for at least 24 months (2 that is your principal residence, meaning your main home. years) out of the last 5 years leading up to the date of sale An individual has only one main home at a time. If you (date of the closing), you meet the ownership require- own and live in just one home, then that property is your ment. For a married couple filing jointly, only one spouse main home. If you own or live in more than one home, has to meet the ownership requirement. then you must apply a "facts and circumstances" test to determine which property is your main home. While the Eligibility Step 3—Residence most important factor is where you spend the most time, other factors are relevant as well. They are listed below. Determine whether you meet the residence require- The more of these factors that are true of a home, the ment. If you owned the home and used it as your resi- more likely that it is your main home. dence for at least 24 months of the previous 5 years, you meet the residence requirement. The 24 months of resi- • The address listed on your: dence can fall anywhere within the 5-year period, and it 1. U.S. Postal Service address, doesn't have to be a single block of time. All that is re- quired is a total of 24 months (730 days) of residence dur- 2. Voter Registration Card, ing the 5-year period. Unlike the ownership requirement, 3. Federal and state tax returns, and each spouse must meet the residence requirement indi- 4. Driver's license or car registration. vidually for a married couple filing jointly to get the full ex- clusion. • The home is near: If you were ever away from home, you need to de- 1. Where you work, termine whether that time counts toward your residence 2. Where you bank, requirement. A vacation or other short absence counts as time you lived at home (even if you rented out your home 3. The residence of one or more family members, while you were gone). and If you become physically or mentally unable to 4. Recreational clubs or religious organizations of care for yourself, and you use the residence as your which you are a member. principal residence for 12 months in the 5 years preceding Finally, the exclusion can apply to many different types the sale or exchange, any time you spent living in a care of housing facilities. A single-family home, a condomin- facility (such as a nursing home) counts toward your ium, a cooperative apartment, a mobile home, and a 2-year residence requirement, so long as the facility has a houseboat each may be a main home and therefore license from a state or other political entity to care for peo- qualify for the exclusion. ple with your condition. Publication 523 (2022) Page 3 |
Page 4 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Eligibility Step 4—Look-Back owned it, and you must meet the residence requirement on your own. Determine whether you meet the look-back require- ment. If you didn't sell another home during the 2-year Widowed taxpayers. If you are a widowed taxpayer period before the date of sale (or, if you did sell another who doesn't meet the 2-year ownership and residence re- home during this period, but didn't take an exclusion of the quirements on your own, consider the following rule. If you gain earned from it), you meet the look-back requirement. haven’t remarried at the time of the sale, then you may in- You may take the exclusion only once during a 2-year pe- clude any time when your late spouse owned and lived in riod. the home, even if without you, to meet the ownership and residence requirements. Eligibility Step 5—Exceptions to the Also, you may be able to increase your exclusion amount from $250,000 to $500,000. You may take the Eligibility Test higher exclusion if you meet all of the following conditions. There are some exceptions to the Eligibility Test. If any of 1. You sell your home within 2 years of the death of your the following situations apply to you, read on to see if they spouse; may affect your qualification. If none of these situations apply, skip to Step 6. 2. You haven’t remarried at the time of the sale; • A separation or divorce occurred during the ownership 3. Neither you nor your late spouse took the exclusion of the home. See Separated or divorced taxpayers. on another home sold less than 2 years before the date of the current home sale; and • The death of a spouse occurred during the ownership of the home. See Widowed taxpayers. 4. You meet the 2-year ownership and residence re- quirements (including your late spouse's times of • The sale involved vacant land. See Vacant land next ownership and residence, if applicable). to home. • You owned a remainder interest, meaning the right to Service, Intelligence, and Peace Corps personnel. If own a home in the future, and you sold that right. See you or your spouse are a member of the Uniformed Serv- Remainder interest. ices or the Foreign Service, an employee of the intelli- gence community of the United States, or an employee, • Your previous home was destroyed or condemned. enrolled volunteer or volunteer leader of the Peace Corps, See Home destroyed or condemned—considerations you may choose to suspend the 5-year test period for for benefits. ownership and residence when you’re on qualified official • You were a service member during the ownership of extended duty. This means you may be able to meet the the home. See Service, Intelligence, and Peace Corps 2-year residence test even if, because of your service, you personnel. didn’t actually live in your home for at least the 2 years • You acquired or are relinquishing the home in a during the 5-year period ending on the date of sale. like-kind exchange. See Like-kind/1031 exchange. Qualified extended duty. You are on qualified exten- • You used the entire property as a vacation home or ded duty if: rental after 2008 or you used a portion of the home, • You are called or ordered to active duty for an indefi- separate from the living area, for business or rental nite period, or for a definite period of more than 90 purposes. See Business or Rental Use of Home. days. Separated or divorced taxpayers. If you were separa- • You are serving at a duty station at least 50 miles from ted or divorced prior to the sale of the home, you can treat your main home, or you are living in government quar- the home as your residence if: ters under government orders. • You are a sole or joint owner, and • You are one of the following: • Your spouse or former spouse is allowed to live in the 1. A member of the armed forces (Army, Navy, Air home under a divorce or separation agreement and Force, Marine Corps, Coast Guard); uses the home as his or her main home. 2. A member of the commissioned corps of the Na- If your home was transferred to you by a spouse or tional Oceanic and Atmospheric Administration ex-spouse (whether in connection with a divorce or not), (NOAA) or the Public Health Service; you can count any time when your spouse owned the 3. A Foreign Service chief of mission, ambassa- home as time when you owned it. However, you must dor-at-large, or officer; meet the residence requirement on your own. If you owned your home prior to your marriage and after your di- 4. A member of the Senior Foreign Service or the vorce or separation, and your spouse or former spouse is Foreign Service personnel; not allowed to live in the home under a divorce or separa- tion agreement, you count any time that you owned the 5. An employee, enrolled volunteer, or enrolled vol- home solely or jointly with your spouse as time when you unteer leader of the Peace Corps serving outside the United States; or Page 4 Publication 523 (2022) |
Page 5 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 6. An employee of the intelligence community, Vacant land next to home. You can include the sale of meaning: vacant land adjacent to the land on which your home sits as part of a sale of your home if ALL of the following are a. The Office of the Director of National Intelli- true. gence, the Central Intelligence Agency, the National Security Agency, the Defense Intelli- • You owned and used the vacant land as part of your gence Agency, the National Geospatial-Intelli- home. gence Agency, or the National Reconnais- • The sale of the vacant land and the sale of your home sance Office; occurred within 2 years of each other. b. Any other office within the Department of De- • Both sales either meet the Eligibility Test or qualify for fense for the collection of specialized national partial tax benefits, as described earlier. intelligence through reconnaissance pro- grams; Also, if your sale of vacant land meets all these require- ments, you must treat that sale and the sale of your home c. Any of the intelligence elements of the Army, as a single transaction for tax purposes, meaning that you the Navy, the Air Force, the Marine Corps, the may apply the exclusion only once. Federal Bureau of Investigation, the Depart- ment of Treasury, the Department of Energy, Note. However, if you move your home from the land and the Coast Guard; on which it stood (meaning you relocate the actual physi- cal structure), then that land no longer counts as part of d. The Bureau of Intelligence and Research of your home. For example, if you move a mobile home to a the Department of State; or new lot and sell the old lot, then you can’t treat the sale of e. Any of the elements of the Department of the old lot as the sale of your home. Homeland Security concerned with the analy- ses of foreign intelligence information. Home destroyed or condemned—considerations for benefits. If an earlier home of yours was destroyed or Period of suspension. The period of suspension condemned, you may be able to count your time there to- can’t last more than 10 years. Together, the 10-year sus- ward the ownership and residence test. pension period and the 5-year test period can be as long If your home was destroyed, see Pub. 547, Casualties, as, but no more than, 15 years. You can’t suspend the Disasters, or Thefts. If your home was condemned, see 5-year period for more than one property at a time. You Pub. 544, Sales and Other Disposition of Assets. can revoke your choice to suspend the 5-year period at any time. Remainder interest. The sale of a remainder interest in your home is eligible for the exclusion only if both of the Example 1. You bought a home on May 1, 2006. You following conditions are met. used it as your main home until August 27, 2009. On Au- gust 28, 2009, you went on qualified official extended duty • The buyer isn’t a “related party.” A related party can be a related person or a related corporation, trust, with the Navy. You didn’t live in the house again before partnership, or other entity that you control or in which selling it on August 1, 2022. You choose to use the entire you have an interest. 10-year suspension period. Therefore, the suspension pe- riod would extend back from August 1, 2022, to August 2, • You haven't previously sold an interest in the home for 2012, and the 5-year test period would extend back to Au- which you took the exclusion. gust 2, 2007. During that period, you owned the house all 5 years and lived in it as your main home from August 2, Like-kind/1031 exchange. If you sold a home that you 2007, until August 28, 2009, a period of more than 24 acquired in a like-kind exchange, then the following test months. You meet the ownership and use tests because applies. you owned and lived in the home for at least 2 years dur- You can’t claim the exclusion if: ing this test period. 1. Either (a) or (b) applies: Example 2. You bought and moved into a home in a. You acquired your home in a like-kind exchange 2013. You lived in it as your main home for 3 / years. For 1 2 (also known as a section 1031 exchange), or the next 6 years, you didn’t live in it because you were on b. Your basis in your home is determined by refer- qualified official extended duty with the Army. You then ence to a previous owner's basis, and that previ- sold the home at a gain in 2022. To meet the use test, you ous owner acquired the property in a like-kind ex- choose to suspend the 5-year test period for the 6 years change (for example, the owner acquired the you were on qualified official extended duty. This means home and then gave it to you); and you can disregard those 6 years. Therefore, your 5-year test period consists of the 5 years before you went on 2. You sold the home within 5 years of the date your qualified official extended duty. You meet the ownership home was acquired in the like-kind exchange. and use tests because you owned and lived in the home for 3 / years during this test period.1 2 For more information about like-kind exchanges, see Pub. 544. Publication 523 (2022) Page 5 |
Page 6 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If you relinquished your home in a like-kind exchange, 1. Parent, grandparent, stepmother, stepfather; then you should determine if you qualify to exclude gain 2. Child (including adopted child, eligible foster as you would if you sold the home. Under certain circum- child, and stepchild), grandchild; stances, you may meet the requirements for both the ex- clusion of gain from the exchange of a main home and the 3. Brother, sister, stepbrother, stepsister, half nonrecognition of gain from a like-kind exchange. For brother, half sister; more information, see Revenue Procedure 2005-14, 4. Mother-in-law, father-in-law, brother-in-law, sis- 2005-7 I.R.B. 528, available at IRS.gov/irb/ ter-in-law, son-in-law, daughter-in-law; 2005-07_IRB#RP-2005-14. 5. Uncle, aunt, nephew, or niece. Eligibility Step 6—Final Determination of • A doctor recommended a change in residence for you Eligibility because you were experiencing a health problem. If you meet the ownership, residence, and look-back re- • The above is true of your spouse, a co-owner of the quirements, taking the exceptions into account, then you home, or anyone else for whom the home was his or meet the Eligibility Test. Your home sale qualifies for the her residence. maximum exclusion. Skip to Worksheet 1, later. Unforeseeable Events If you didn’t meet the Eligibility Test, then your home isn’t eligible for the maximum exclusion, but you should You meet the standard requirements if any of the following continue to Does Your Home Qualify for a Partial Exclu- events occurred during the time you owned and lived in sion of Gain. the home you sold. • Your home was destroyed or condemned. Does Your Home Qualify for a Partial • Your home suffered a casualty loss because of a natu- Exclusion of Gain? ral or man-made disaster or an act of terrorism. (It If you don't meet the Eligibility Test, you may still qualify doesn’t matter whether the loss is deductible on your for a partial exclusion of gain. You can meet the require- tax return.) ments for a partial exclusion if the main reason for your • You, your spouse, a co-owner of the home, or anyone home sale was a change in workplace location, a health else for whom the home was his or her residence: issue, or an unforeseeable event. 1. Died; Work-Related Move 2. Became divorced or legally separated, or were is- sued a separate decree to pay maintenance (sup- You meet the requirements for a partial exclusion if any of port) to the other spouse; the following events occurred during your time of owner- ship and residence in the home. 3. Gave birth to two or more children from the same pregnancy; • You took or were transferred to a new job in a work lo- cation at least 50 miles farther from the home than 4. Became eligible for unemployment compensa- your old work location. For example, your old work lo- tion; cation was 15 miles from the home and your new work 5. Became unable, because of a change in employ- location is 65 miles from the home. ment status, to pay basic living expenses for the • You had no previous work location and you began a household (including expenses for food, clothing, new job at least 50 miles from the home. housing, medication, transportation, taxes, court-ordered payments, and expenses reasona- • Either of the above is true of your spouse, a co-owner bly necessary for making an income). of the home, or anyone else for whom the home was his or her residence. 6. An event is determined to be an unforeseeable event in IRS published guidance. Health-Related Move Other Facts and Circumstances You meet the requirements for a partial exclusion if any of the following health-related events occurred during your Even if your situation doesn’t match any of the standard time of ownership and residence in the home. requirements described above, you still may qualify for an • You moved to obtain, provide, or facilitate diagnosis, exception. You may qualify if you can demonstrate the pri- cure, mitigation, or treatment of disease, illness, or in- mary reason for sale, based on facts and circumstances, jury for yourself or a family member. is work related, health related, or unforeseeable. Impor- tant factors are: • You moved to obtain or provide medical or personal care for a family member suffering from a disease, ill- • The situation causing the sale arose during the time ness, or injury. A family member includes your: you owned and used your property as your residence. Page 6 Publication 523 (2022) |
Page 7 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 1. Find Your Exclusion Limit Use this worksheet only if no automatic disqualifications apply, and take all exceptions into account. A) Determine if you are eligible for the maximum exclusion limit. Status You are eligible for the maximum exclusion if... Maximum If you’re not eligible for exclusion the maximum exclusion limit, then you should… Married Both spouses meet the residence and look-back requirements $500,000 Determine if either spouse is filing jointly and one or both spouses meet the ownership requirement. eligible for the full limit as a single person. If not, determine if either spouse is eligible for a partial exclusion. Single, You meet the residence, ownership, and look-back $250,000 Determine if you are eligible married requirements. for a partial exclusion. filing separately Widowed 1. You sell your home within 2 years of the death of your $500,000 Determine if you are eligible spouse. for the full limit as a single person. If not, determine if 2. You haven't remarried at the time of the sale. you are eligible for a partial 3. Neither you nor your late spouse took the exclusion on exclusion. another home sold less than 2 years before the date of the current home sale. 4. You meet the 2-year ownership and residence requirements (including your late spouse's times of ownership and residence, if applicable). B) Complete this section only if you have determined that you aren’t eligible for the maximum exclusion but are eligible for a partial exclusion. If you are eligible for a partial exclusion, use this section to determine your exclusion limit. Step 1 Determine the shortest of the following 3 periods: 1. Your time of residence in the home during the 5-year period leading up to the sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Your time of ownership of the home leading up to the sale . . . . . . . . . . . . . . . . . . . . . . . . . . 3. The time that has elapsed between the sale and the date you last sold a home for which you took the exclusion, if applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 2 Take the smallest period from Step 1 (you may use days or months) and divide that number by 730 (if using days) or 24 (if using months) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 3 Multiply the result from Step 2 by $250,000. Stop here if not married filing jointly . . . . . . . . . Step 4 Repeat Steps 1–3 for your spouse and add the two results . . . . . . . . . . . . . . . . . . . . . . . . . . . . C) Your exclusion limit is $___________. Unless you have taxable gain from business or rental use (see Business or Rental Use of Home), only gain in excess of this amount is taxable. • You sold your home not long after the situation arose. • The home became significantly less suitable as a • You couldn’t have reasonably anticipated the situation main home for you and your family for a specific rea- when you bought the home. son. • You began to experience significant financial difficulty maintaining the home. Publication 523 (2022) Page 7 |
Page 8 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Some settlement fees and closing costs you can’t in- clude in your basis are: Figuring Gain or Loss • Fire and casualty insurance premiums, To figure the gain or loss on the sale of your main home, • Rent for occupancy of the house before closing, you must know the selling price, the amount realized, and the adjusted basis. Subtract the adjusted basis from the • Charges for utilities or other services related to occu- amount realized to get your gain or loss. pancy of the house before closing, • Any fee or cost that you deducted as a moving ex- Selling price pense (allowed for certain fees and costs before − Selling expenses 1994), Amount realized • Charges connected with getting a mortgage loan, − Adjusted basis such as: Gain or loss 1. Mortgage insurance premiums (including funding fees connected with loans guaranteed by the De- A positive number indicates a gain; a negative number partment of Veterans Affairs), indicates a loss. 2. Loan assumption fees, Certain events during your ownership, such as use of your home for business purposes or your making im- 3. Cost of a credit report, provements to it, can affect your gain or loss. They are ex- 4. Fee for an appraisal required by a lender, plained in this section. 5. Points (discount points, loan origination fees), and See Worksheet 2, later, for steps you should follow to figure your gain or loss. • Fees for refinancing a mortgage. Construction. If you contracted to have your house built Basis Adjustments—Details and on the land you own, your basis is: Exceptions • The cost of the land, plus You should include many, but not all, costs associated • The amount it cost you to complete the house, includ- with the purchase and maintenance of your home in the ing: basis of your home. For more information on determining 1. The cost of labor and materials, basis, see Pub. 551, Basis of Assets. 2. Any amounts paid to a contractor, Fees and Closing Costs 3. Any architect's fees, Some settlement fees and closing costs you can include 4. Building permit charges, in your basis are: 5. Utility meter and connection charges, and • Abstract fees (abstract of title fees), 6. Legal fees directly connected with building the • Charges for installing utility services, house. • Legal fees (including fees for the title search and pre- Your cost includes your down payment and any debt paring the sales contract and deed), such as a first or second mortgage or notes you gave the • Recording fees, seller or builder. It also includes certain settlement or clos- • Survey fees, ing costs. In addition, you must generally reduce your ba- sis by points the seller paid you. • Transfer or stamp taxes, and If you built all or part of your house yourself, its basis is • Owner's title insurance. the total amount it cost you to complete it. Don’t include in Settlement costs don’t include amounts placed in es- the cost of the house: crow for the future payment of items such as taxes and in- • The value of your own labor, or surance. • The value of any other labor for which you didn’t pay. Costs owed by the seller that you paid. You can in- clude in your basis any amounts the seller owes that you agree to pay (as long as the seller doesn’t reimburse you), such as: • Any real estate taxes owed up through the day before the sale date, • Back interest owed by the seller, Page 8 Publication 523 (2022) |
Page 9 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • The seller's title recording or mortgage fees, Examples of improvements you CAN’T include in your basis. You can’t include: • Charges for improvements or repairs that are the sell- er's responsibility (for example, lead paint removal), • Any costs of repairs or maintenance that are neces- and sary to keep your home in good condition but don’t add to its value or prolong its life. Examples include • Sales commissions (for example, payment to the sell- painting (interior or exterior), fixing leaks, filling holes er's real estate agent). or cracks, or replacing broken hardware. Improvements • Any costs of any improvements that are no longer part of your home (for example, wall-to-wall carpeting that Improvements add to the value of your home, prolong its you installed but later replaced). useful life, or adapt it to new uses. You add the cost of ad- • Any costs of any improvements with a life expectancy, ditions and improvements to the basis of your property. when installed, of less than 1 year. The following chart lists some examples of improve- Exception. The entire job is considered an improve- ments. ment if items that would otherwise be considered repairs are done as part of an extensive remodeling or restoration Examples of Improvements That of your home. For example, if you have a casualty and Increase Basis your home is damaged, increase your basis by the Keep for Your Records amount you spend on repairs that restore the property to its pre-casualty condition. However, you must adjust your Additions Systems basis by any amount of insurance reimbursement you re- Bedroom Heating system ceive or expect to receive for casualty losses. See Work- Bathroom Central air conditioning sheet 2, line 5. Deck Furnace Garage Duct work Energy credits and subsidies. If you included in your Porch Central humidifier basis the cost of any energy-related improvements (such Patio Central vacuum as a solar energy system), and you received any tax cred- Air/water filtration systems its or subsidies related to those improvements, you must Wiring subtract those credits or subsidies from your total basis. Security system Examples include: Lawn & Grounds Lawn sprinkler system • 1977–1987: Credit for home energy improvements, Landscaping Driveway • 1992–present: Direct or indirect subsidy from a public utility for installations or modifications aimed at lower- Walkway ing a home's electricity or natural gas usage or better Fence managing its energy demand, Retaining wall Swimming pool • 2006–present: Credit for home energy efficiency im- provements, Exterior Plumbing • 2006–present: Credit for qualified solar electric prop- Storm windows/doors Septic system erty expenditures and qualified solar water heating New roof Water heater property expenditures available, and New siding Soft water system • 2006–2007, 2009–present: Credit for energy improve- Satellite dish Filtration system ments to non-business properties. Insulation Interior Home Acquired Through a Trade Attic Built-in appliances Walls Kitchen modernization Traded for another home. When you trade your home Floors Flooring for a new one, you are treated as having sold your home Pipes and duct work Wall-to-wall carpeting and purchased a new one. Your sale price is the trade-in Fireplace value you received for your home plus any mortgage or other debt that the person taking your home as a trade-in Repairs done as part of larger project. You can in- assumed (took over) from you as part of the deal. clude repair-type work if it is done as part of an extensive Traded for other property. If you paid for your home by remodeling or restoration job. For example, replacing bro- trading other property for it, the starting basis of your ken windowpanes is a repair, but replacing the same win- home is usually the fair market value of the property you dow as part of a project of replacing all the windows in traded. your home counts as an improvement. Publication 523 (2022) Page 9 |
Page 10 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Home Foreclosed, Repossessed, or Table 1. Exceptions to Using a Donor's Abandoned Adjusted Basis for a Home Received as a Gift If your home was foreclosed on, repossessed, or aban- doned, you may have ordinary income, gain, or loss. See IF... AND... THEN... Pub. 4681, Canceled Debts, Foreclosures, Reposses- at the time of your usage of the you must use the fair market sions, and Abandonments. the gift, the donor’s adjusted value of the home at the time donor’s basis as your basis of the gift as your basis (if If you used part of your home for business or rental pur- adjusted basis results in a loss, using the fair market value poses, see Foreclosures and Repossessions in chapter 1 in the home results in a gain for you, then of Pub. 544, for examples of how to figure gain or loss. was more than you don’t need to recognize the home’s fair that gain). market value, Home Destroyed or Condemned at the time of the donor paid gift you figure your basis by You have a disposition when your home is destroyed or the gift, the tax on the gift of the starting with the donor’s condemned and you receive other property or money in donor’s home, adjusted basis at the time of payment, such as insurance or a condemnation award. adjusted basis the gift and adding the federal in the home gift tax paid due to the This is treated as a sale and you may be able to exclude was less than increase in value of the home all or part of any gain that you have. If your home was de- the home’s fair (see Regulations section stroyed, see Pub. 547. If your home was condemned, see market value, 1.1015-5 for further details on Pub. 544. this calculation). Home Received in Divorce Home Inherited Home acquired after July 18, 1984. If your former Home acquired from a decedent who died before or spouse was the sole owner, your starting basis is the after 2010. If you inherited your home from a decedent same as your former spouse's adjusted basis just before who died before or after 2010, your basis is the fair market you received the home. If you co-owned the home with value of the property on the date of the decedent's death your spouse, add the adjusted basis of your spouse's (or the later alternate valuation date chosen by the per- half-share in the home to the adjusted basis of your own sonal representative of the estate). If a federal estate tax half-share to get your starting basis. (In most cases, the return (Form 706) was filed or required to be filed, the adjusted basis of the two half-shares will be the same.) value of the property listed on the estate tax return is your The rules apply whether or not you received anything in basis. If Form 706 didn’t have to be filed, your basis in the exchange for the home. home is the same as its appraised value at the date of Home acquired on or before July 18, 1984. Your start- death, for purposes of state inheritance or transmission ing basis will usually be the home's fair market value at the taxes. See section 1014 for details. time you acquired it from your spouse or ex-spouse. Surviving spouse. If you are a surviving spouse and For more information, see Pub. 504, Divorced or Sepa- you owned your home jointly, your basis in the home will rated Individuals. If you or your spouse or ex-spouse lived change. The new basis for the interest your spouse in a community property state, see Pub. 555, Community owned will be its fair market value on the date of death (or Property. alternate valuation date). The basis in your interest will re- main the same. Your new basis in the home is the total of Home Received as a Gift these two amounts. If you and your spouse owned the home either as ten- If you received your home as a gift, you should keep re- ants by the entirety or as joint tenants with right of survi- cords of the date you received it. Record the adjusted ba- vorship, you will each be considered to have owned sis of the donor at the time of the gift and the fair market one-half of the home. value of the home at the time of the gift. Also ask if the do- nor paid any gift tax. As a general rule, you will use the do- Example. Your jointly owned home (owned as joint nor’s adjusted basis at the time of the gift as your basis. tenants with right of survivorship) had an adjusted basis of However, see Table 1 below to determine if any excep- $50,000 on the date of your spouse's death, and the fair tions to this rule listed in the “IF” column apply. market value on that date was $100,000. Your new basis in the home is $75,000 ($25,000 for one-half of the adjus- ted basis plus $50,000 for one-half of the fair market value). Community property. In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mex- ico, Texas, Washington, and Wisconsin), each spouse is usually considered to own half of the community property. When either spouse dies, the total fair market value of the Page 10 Publication 523 (2022) |
Page 11 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. community property becomes the basis of the entire prop- Calculation. To figure the portion of the gain allocated erty, including the part belonging to the surviving spouse. to the period of non-qualified use, see Worksheet 3. De- For this rule to apply, at least half the value of the com- termine if You Have Taxable Gain below. munity property interest must be includible in the dece- dent's gross estate, whether or not the estate must file a Exceptions. The following situations apply when using return. only a portion of the main home for business or rental us- For more information about community property, see age and don’t affect your gain or loss calculations. Pub. 555, Community Property. • Space within the living area. If the space you used If you are selling a home in which you acquired an for business or rental purposes was within the living area of the home, then your usage doesn't affect your CAUTION Pub. 4895, Tax Treatment of Property Acquired ! interest from a decedent who died in 2010, see gain or loss calculations (except for an adjustment to From a Decedent Dying in 2010, available at https:// basis for depreciation, taken after May 6, 1997, to be www.irs.gov/pub/irs-prior/p4895--2011.pdf, to determine recaptured and reported as ordinary income). Exam- your basis. ples of spaces within the living area include a rented spare bedroom and attic space used as a home office. For information on space outside the living area, see Business or Rental Use of Home Business or rental usage calculations below. If you fail to meet the requirements to qualify for the • Space formerly used for business or rental. $250,000 or $500,000 exclusion, you may still qualify for a Space that was once used for business or rental pur- reduced exclusion. If you fail to meet the ownership and poses may be considered as residence space at the use tests, or if you used a portion of your home for busi- time of sale. A space formerly used for business is ness or rental purposes during your ownership, this type considered residence space if ALL of the following are of usage may affect your gain or loss calculations. For true. more information about using any part of your home for – You weren’t using the space for business or rental business or as a rental property, see Pub. 587, Business at the time you sold the property, Use of Your Home, and Pub. 527, Residential Rental Property. – You didn’t earn any business or rental income from the space in the year you sold your home, and Gain from the sale or exchange of your main home isn’t – You used the space as residence space for 2 years excludable from income if it is allocable to periods of out of the 5 years leading up to the sale. non-qualified use. Non-qualified use means any period af- ter 2008 where neither you nor your spouse (or your for- If your space is considered as residence space at the time mer spouse) used the property as your main home, with of the sale, then your former business usage DOESN’T af- certain exceptions. fect your gain/loss calculations, unless you took or were allowed to take depreciation for use of your home for busi- Exceptions. A period of non-qualified use does not in- ness or rental purposes. See Worksheet 2, line 5. clude: Business or rental usage calculations. Business or 1. Any portion of the 5-year period ending on the date of rental space that is separate from the living area affects the sale or exchange after the last date you or your your gain/loss calculations. Examples of space not within spouse (or former spouse) used the property as your the living area include a first-floor storefront with an at- main home; tached residence; a rented apartment in a duplex; or a 2. Any period (not to exceed 10 years) during which you working farm with a farmhouse on the property. If you (or your spouse) are serving on qualified official ex- have used part of the home (not within the home’s living tended duty area) for solely business or rental purposes for more than 3 of the last 5 years, you need to make separate gain/loss a. As a member of the uniformed services; calculations for the business and residence portions of b. As a member of the Foreign Service of the Uni- your property. Make three copies of all pages of Work- ted States; or sheet 2. Label one copy “Total,” one copy “Home,” and one copy “Business or Rental.” c. As an employee of the intelligence community; Complete your “Total” worksheet using the figures for and your property as a whole. Include the total amount you re- 3. Any other period of temporary absence (not to exceed ceived, all of your basis adjustments, etc. Include the cost an aggregate period of 2 years) due to change of em- of all improvements, whether you made them to the busi- ployment, health conditions, or other unforeseen cir- ness space or the residential space. cumstances as may be specified by the IRS. See Eli- Determine your “business or rental percentage,” mean- gibility Step 5—Exceptions to the Eligibility Test, and ing the percentage of your property that you used for busi- Does Your Home Sale Qualify for the Exclusion of ness or rental. If you took depreciation on your home on Gain, earlier. past tax returns, use the same business or rental percent- age that you used in determining how much depreciation to take. If you didn’t take depreciation on your home on Publication 523 (2022) Page 11 |
Page 12 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 2. How To Figure Your Gain or Loss If you have questions as you work through these step-by-step instructions, or want examples of costs that can and can’t be included, see Basis Adjustments—Details and Exceptions. • If married filing jointly, figure gain or loss for both spouses together. If single or married filing separately, figure gain or loss as an individual. • If the home you sold had multiple owners, your gain or loss is the gain or loss on the entire sale multiplied by your percentage of ownership. • If you used any portion of the property for business or rental purposes, go to Business or Rental Use of Home. 1. Determine the sale price. This is everything you received for selling your home. a. All money (currency, check, wire transfer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a. b. The fair market value of any other property or services you received . . . . . . . . . . . . . . . . . . . . . . . . b. c. The value of any notes, mortgages, or other debts that the buyer agreed to assume (take over) as part of the sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. d. Any real estate taxes the buyer paid on your behalf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. e. Any amount you received for granting an option to buy your home, if the option was exercised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e. f. Add lines 1a through 1e. This is your sale price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. • If you received payment for personal property, DON’T include it in the sale price. • If you received payment or reimbursement from your employer because of a job transfer, DON’T include the payment as part of the selling price. Your employer will include it as wages in box 1 of your Form W-2. • If you received Form 1099-S, the gross proceeds for the sale price should appear in box 2. If box 4 is checked, the sale price included non-cash payments, and you need to determine the value of these and add them to the figure in box 2. • If you didn’t receive Form 1099-S, refer to your real estate transaction documents for the total amount you received for your home. 2. Determine your selling expenses. These are the costs directly associated with selling your home. a. Any sales commissions (for example, a real estate agent's sales commission) . . . . . . . . . . . . . . . a. b. Any advertising fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. c. Any legal fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. d. Any mortgage points or other loan charges you paid that would normally have been the buyer's responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. e. Any other fees or costs to sell your home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e. f. Add lines 2a through 2e. These are your selling expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. 3. Figure your “amount realized” (sale price minus selling expenses). Line 1f minus line 2f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Determine your “total basis” (the total amount you invested in your home). This includes what you paid for your home as well as other money you may have spent that added to its value. a. The amount you paid for your home (or if you built your home, the cost of the land). Include any down payment and any amount you borrowed to pay for the home. For cooperative apartments, include the value of the corporation stock you purchased. If you acquired your home through inheritance, gift, bargain sale, trade, or anything except a fair market purchase, see Basis Adjustments—Details and Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a. b. Any settlement fees or closing costs you paid when you bought your home, except for financing-related costs (such as seller-paid points). The settlement statement should list the fees related to buying the home. See Basis Adjustments—Details and Exceptions and Fees and Closing Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. c. Any real estate taxes or other costs you paid on behalf of the seller you bought your home from (and for which the seller never paid you back) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. d. Any amounts you spent on construction or other improvements that are still part of your home at the time of sale (not including costs of maintenance and repairs). See Basis Adjustments—Details and Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. e. Any amounts you spent to repair damage to your home or the land on which it sits . . . . . . . . . . . e. f. Any special assessments for local improvements (such as special tax or condominium association assessments that aren’t merely for repairs or maintenance) . . . . . . . . . . . . . . . . . . . . . f. g. Add lines 4a through 4f. This is your total basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g. Page 12 Publication 523 (2022) |
Page 13 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 2. How To Figure Your Gain or Loss (continued) 5. Determine your “basis adjustments” (any payments, credits, or benefits you may need to deduct from your basis). a. Any depreciation you took or were allowed to take for use of your home for business or rental purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a. b. Any casualty losses (such as flood or fire damage) you claimed as a deduction on a federal tax return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. c. Any insurance payments you received or expect to receive for casualty losses . . . . . . . . . . . . . c. d. Any payments you received for granting an easement, conservation restriction, or right-of-way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. e. Any energy credits or subsidies that effectively paid you back for improvements you included in your total basis. See Basis Adjustments—Details and Exceptions . . . . . . . . . . . . . . . . . . . . . . . e. f. Any adoption credits you claimed, or any nontaxable payments from an employer-sponsored adoption assistance program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. g. Any real estate taxes the seller paid on your behalf (and for which you never paid the seller back). If you reimburse the seller, it doesn’t affect basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g. h. Any mortgage points the seller paid for you when you bought your home, if one of the following is true . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h. • You bought your home between January 1, 1991, and April 3, 1994, AND you deducted the points as home mortgage interest in the year paid, or • You bought your home after April 3, 1994 (regardless of whether you deducted the points). i. Any canceled or forgiven mortgage debt amount that was excluded before January 1, 2026, due to a bankruptcy or insolvency and that you didn’t have to declare as income. (See Pub. 4681.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i. j. Any sales tax you paid on your home (such as for a mobile home or houseboat) and then claimed as a deduction on a federal tax return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j. k. The value of any temporary housing the builder of your home provided for you . . . . . . . . . . . . . k. • Use this equation: Contract price × Value of temporary housing ÷ (Value of temporary housing + Value of new home) l. Any gain you postponed from the sale of a previous home sold before May 7, 1997 . . . . . . . . . l. m. Add lines 5a through 5m. This is your basis adjustment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m. 6. Figure your “adjusted basis” (total basis minus basis adjustments). Line 4g minus line 5m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. • If your adjusted basis is less than zero and you went through a mortgage workout or other process resulting in forgiveness or cancellation of mortgage debt (“discharge of qualified principal residence indebtedness”), don’t count any portion of your canceled debt that is bringing your basis below zero. 7. Figure your gain or loss (amount realized minus adjusted basis). Line 3 minus line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. • If the number is negative (adjusted basis is greater than amount realized), you sold your home at a loss. You can’t deduct this loss, but you don’t need to pay any tax on the money you received from selling your home. Skip to Reporting Your Home Sale, later. • If the number is positive, you sold your home at a gain. Skip to How Much Is Taxable, later. Publication 523 (2022) Page 13 |
Page 14 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. past tax returns, compare the size of your business or is the gain or loss related to the home portion of the prop- rental space to the size of the whole property and express erty you sold. this as a percentage. For example, if you have a building Review the results of your “Home” and “Business” with three equal-sized stories, and you live in the top two worksheets to determine your next step. When you have stories and use the ground floor for a store, then you are completed each worksheet, you will know whether you using / of the property and your business percentage is 1 3 have a gain or loss on each part of your property. It is pos- 33.3%. sible to have a gain on both parts, a loss on both parts, or For each number on your “Total” worksheet, figure the a gain on one part and a loss on the other. See Table 2 to business-related portion of that number and enter it on determine your next steps. your “Business or Rental” worksheet. You may use differ- ent methods to determine the business portion of different numbers. Here are the three possible methods and the circumstances under which each method applies. How Much Is Taxable? • Dollar-amount method. Where a figure consists of Review of the Eligibility Test. Generally, your home specific dollar amounts that relate to either the resi- sale qualifies for the maximum exclusion, if all of the fol- dence portion or the business portion of the property, lowing conditions are true. the figure must be broken down by these dollar amounts. For example, if the figure for improvements • You didn’t acquire the property through a like-kind ex- to the property was $100,000, and all of that applied to change in the past 5 years. the residence portion, then the business portion of the • You aren’t subject to the expatriate tax. improvements would be zero. • You owned the home for 2 of the last 5 years and lived • “100% rule” for depreciation. The first item under in the home for 2 (1 if you become disabled) of the last line 5a in Worksheet 2 is a business depreciation item. 5 years leading up to the date of the sale.* Any figure for this item is 100% a business figure. • For the 2 years before the date of the current sale, you • Percentage method. Where a figure applies to the didn't sell another home on which you claimed the ex- property as a whole (such as the sale price), the busi- clusion. ness or rental portion is the figure multiplied by the business portion percentage you calculated earlier. • You didn’t use the property as a vacation or rental Use the percentage method for all items that don’t re- home after 2008, or you didn’t use a portion of the quire the dollar-amount or depreciation methods. home, outside of the living area, for business or rental purposes. The total you get on line 7 on your “Business” copy of Worksheet 2 is the gain or loss related to the business or • The sale doesn’t involve the transfer of vacant land or rental portion of the property you sold. a remainder interest.** Next, complete your “Home” worksheet. For each num- *If this condition isn’t met, your home sale may qualify ber, take the number from your “Total” worksheet, subtract for a partial exclusion. The sale must involve one of the the number from your “Business or Rental” worksheet, following events experienced by you, your spouse, or a and enter the result in your “Home” worksheet (for exam- co-owner: a work-related move, a health-related move, a ple, subtract the number on line 1f of the "Business or death, a divorce, a pregnancy with multiple children, a Rental" worksheet from the number on line 1f of your "To- change in employment status, a change in unemployment tal" worksheet), and enter the result on your "Home" work- compensation eligibility, or other unusual event. sheet. **The transfer of vacant land or of a remainder interest Now figure the totals on your “Home” worksheet. The may qualify for the maximum exclusion, but special rules total you get on line 7 on the “Home” copy of Worksheet 2 apply in those situations. Table 2. Does Your Home or Business Show a Gain or a Loss? IF... THEN... your “Home” worksheet follow the instructions at the end of line 7, under Worksheet 2 for “If the number is negative.” shows a loss, your “Home” worksheet see How Much Is Taxable? and Worksheet 3 to find out how much of the gain on your “Home” shows a gain, worksheet is taxable. your “Business” DON’T follow the instructions at the end of line 7, under Worksheet 2. Instead, report the loss from worksheet shows a loss, your “Business” worksheet on Form 4797, Sales of Business Property. Note. Your loss may be limited. See the Instructions for Form 4797. your “Business” you can’t exclude any of the gain shown on your “Business” worksheet. DON’T follow the instructions worksheet shows a gain, at the end of line 7, under Worksheet 2. Instead, report the gain from your “Business” worksheet on Form 4797. Page 14 Publication 523 (2022) |
Page 15 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For a step-by-step guide to determining whether your • You wish to report your gain as a taxable gain even home sale qualifies for the maximum exclusion, see Does though some or all of it is eligible for exclusion. You Your Home Sale Qualify for the Exclusion of Gain? above. may wish to do this if, for example, you plan to sell an- other main home within the next 2 years and are likely If you qualify for an exclusion on your home sale, up to to receive a larger gain from the sale of that property. $250,000 ($500,000 if married and filing jointly) of your If you later choose to report, rather than exclude, your gain will be tax free. If your gain is more than that amount, taxable gain, you can undo that choice by filing an or if you qualify only for a partial exclusion, then some of amended return within 3 years of the due date of your your gain may be taxable. This section contains return for the year of the sale, excluding extensions. step-by-step instructions for figuring out how much of your If NONE of the three bullets above is true, you don’t gain is taxable. See Worksheet 3, later, for assistance in need to report your home sale on your tax return. If you determining your taxable gain. didn’t make separate home and business calculations on If you determined in Does Your Home Sale Qualify for your property, skip to Reporting Deductions Related to the Exclusion of Gain, earlier, that your home sale doesn't Your Home Sale, later. qualify for any exclusion (either full or partial), then your If ANY of the three bullets above is true, skip to Deter- entire gain is taxable. If you don’t have a gain, you owe no mine whether your home sale is an installment sale, later. tax on the sale. In either case, you don’t need to complete Worksheet 3 and you can skip to Reporting Your Home If you made separate gain/loss calculations for Sale, later. business and residence portions of your property, you may have to use Form 4797 to report the sale of the business or rental part. See Business or Rental Use of Recapturing Depreciation Home, earlier. If you used all or part of your home for business or rental Determine whether your home sale is an installment after May 6, 1997, you may need to pay back (“recapture”) sale. If you finance the buyer's purchase of your home some or all of the depreciation you were entitled to take on (you hold a note, mortgage, or other financial agreement), your property. “Recapturing” depreciation means you you probably have an installment sale. You may be able to must include it as ordinary income on your tax return. report any non-excludable gain on an installment basis. Use Form 6252, Installment Sale Income, to report the sale. For more information, see Pub. 537, Installment Sales. Reporting Your Home Sale Report any interest you receive from the buyer. If the This section tells you how to report taxable gain, take de- buyer is making payments to you over time (as when you ductions relating to your home sale, and report income provide seller financing), then you must generally report other than the gain that you may have received from your part of each payment as interest on your tax return. Re- home sale. port the interest portion of the payment as ordinary in- This section also covers special circumstances that ap- come on Form 1040 or 1040-SR, line 2b, or Sched- ply to some home sellers. ule NEC (Form 1040-NR) if a nonresident alien. If the buyer is using the property as a first or second home, also What records to keep. Any time you buy real es- report the interest on Schedule B (Form 1040), Interest TIP tate, you should keep records to document the and Ordinary Dividends, to Form 1040 or 1040-SR and property's adjusted basis. In general, keep these provide the buyer's name, address, and social security records until 3 years after the due date for your tax return number. If you don’t show the buyer’s name, address, and for the year in which you sold your home. SSN you may have to pay a $50 penalty. If you’re a nonresident or resident alien who Reporting Gain or Loss on Your doesn’t have and isn’t eligible to get a social security Home Sale number, you may be issued an individual taxpayer identi- fication number (ITIN). If you don’t have an ITIN, apply for Determine whether you need to report the gain from one by filing Form W-7, Application for IRS Individual Tax- your home. You need to report the gain if ANY of the fol- payer Identification Number. If needed, a nonresident or lowing is true. resident alien buyer can apply for an ITIN as well. • You have taxable gain on your home sale (or on the residential portion of your property if you made sepa- Complete Form 8949, Sales and Other Dispositions rate calculations for home and business) and don’t of Capital Assets. Use Form 8949 to report gain from qualify to exclude all of the gain. the sale or disposition of the personal-use portion of your home if you can’t exclude the gain. If you received Form • You received a Form 1099-S. If so, you must report 1099-S, report the transaction on Form 8949. See the In- the sale on Form 8949 even if you have no taxable structions for Form 8949. gain to report. See Instructions for Form 8949 and In- structions for Schedule D (Form 1040) for more de- tails. Publication 523 (2022) Page 15 |
Page 16 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 3. Determine if You Have Taxable Gain If you completed “Business” and “Home” versions of your gain/loss worksheet as described in Business or Rental Use of Home, earlier, complete this worksheet only for the “Home” version. Section A. Determine your net gain. Complete this section only if you used any part of your home for business or rental purposes between May 6, 1997, and the date of sale. Otherwise, skip to Section B. Step 1 Enter your gain from line 7 of Worksheet 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 2 List the total of all depreciation deductions that you took or could have taken for the use of your home for business or rental purposes between May 6, 1997, and the date of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 3 Subtract the sum of Step 2 from the amount listed in Section A, Step 1. This is your net gain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section B. Determine your non-qualified use gain. Complete this section only if the following apply: a) During the time you owned the property there were periods of non-qualified use when neither you nor your spouse (or your former spouse) used the property as your main residence; b) the periods of non-qualified use occurred after 2008; c) the periods of non-qualified use occurred before the last day the property was used as your or your spouse’s (or your former spouse) principal residence prior to the date of sale. Do not include any period of non-qualified use that occurred after the last day that you or your spouse (or former spouse) used the property as your principal residence during the 5-year period prior to the date of sale.* Otherwise, skip to Section C. *Note . If the period of non-use was 1) for an aggregate of 2 years or less and due to a change in employment, a health condition, or other "unforeseen circumstance" described in Does Your Home Qualify for a Partial Exclusion of Gain, earlier; or 2) for 10 years or less and due to a "stop the clock" exception for certain military, intelligence, and Peace Corps personnel described in Service, Intelligence, and Peace Corps Personnel, earlier, then you may skip Section B. Step 1 Enter the amount from Section A, Step 1 or, if you skipped Section A, your gain from line 7 of Worksheet 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 2 Enter the total number of days after 2008 and before the date of sale that neither you nor your spouse (or former spouse) used the home as a main residence. Do not include any days that occurred after the last day that you or your spouse (or former spouse) used the property as your main residence during the 5-year period prior to the date of sale. This number is your non-use days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 3 Enter the total number of days you owned your home (counting all days, not just days after 2008). This number is your number of days owned . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 4 Divide the non-use days by the days owned. This number is your non-residence factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 5 Multiply the decimal from Section B, Step 4, by the amount listed in Section B, Step 1. This number is your non-qualified use gain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section C. Determine your gain that is eligible for exclusion. IF... THEN your gain that is eligible for exclusion is … you skipped Sections A your gain from line 7, under Worksheet 2. and B you completed Section A your net gain, from Section A, Step 3. but skipped Section B you completed Section B your gain from line 7, under Worksheet 2 less your non-qualified use gain, from Section B, Step 5. (regardless of whether you completed Section A) Your gain that is eligible for exclusion is $ _______________ Section D. Determine if you have taxable gain. IF... THEN … your gain that is eligible for your gain that is eligible for exclusion from your income is not to be reported on your tax return. The exclusion from Section C is Reporting Your Home Sale section only applies to your non-qualified use gain. less than or equal to your exclusion limit from Worksheet 1, Section C your gain that is eligible for some of your gain isn’t excludable, and you may owe tax on it. See Reporting Your Home Sale for exclusion from Section C is instructions on how to report the gain on your tax return. greater than your exclusion limit from Worksheet 1, Section C If you have gain that can’t be excluded, you must long-term transaction, depending on how long you owned TIP generally report it on Form 8949, Sales and Other the home. In addition, you may be able to temporarily de- Dispositions of Capital Assets, and Schedule D fer capital gains invested in a Qualified Opportunity Fund (Form 1040), Capital Gains and Losses. Report the sale (QOF). You may also be able to permanently exclude cap- on Part I or Part II of Form 8949 as a short-term or ital gains from the sale or exchange of an investment in a Page 16 Publication 523 (2022) |
Page 17 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. QOF if the investment is held for at least 10 years. For 1. Total real estate taxes for the real property tax year . . $620 more information, see the Instructions for Form 8949. 2. Number of days in the real property tax year that you owned the property . . . . . . . . . . . . . . . . . . . . . . 125 Complete Schedule D (Form 1040), Capital Gains 3. Divide line 2 by 365 (366 if leap year). . . . . . . . . . . 0.342 and Losses. Using the information on Form 8949, report 4. Multiply line 1 by line 3. This is your deduction. Enter it on Schedule D (Form 1040) the gain or loss on your home on line 5b of Schedule A (Form 1040) . . . . . . . . . . . $212 as a capital gain or loss. Follow the instructions for Sched- Since the buyers paid all of the taxes, Dennis and Pat also ule D when completing the form. include the $212 in the home's selling price. The buyers If you have any taxable gain from the sale of your add the $212 to their basis in the home. The buyers can home, you may have to increase your withholding or make deduct $408 ($620 – $212) as an itemized deduction, the estimated tax payments. See Pub. 505, Tax Withholding taxes for the part of the year they owned the home. and Estimated Tax. If you received a Form 1099-S, start with the amount Reporting Deductions Related to Your of real estate tax you actually paid in the year of sale. Sub- tract the buyer's share of real estate tax as shown in Home Sale box 6. The result is the amount you can use in figuring your itemized deductions. If you aren’t itemizing deductions on your return for the year in which you sold your home, skip to Reporting Other If you didn’t already deduct all your mortgage Income Related to Your Home Sale, later. points on an earlier tax return, you may be able to de- duct them on your tax return for the year of sale. See Pub. There is no tax deduction for transfer taxes, stamp 936, Home Mortgage Interest Deduction. taxes, or other taxes, fees, and charges you paid when you sold your home. However, if you paid these amounts Report on Schedule A (Form 1040), Itemized Deduc- as the seller, you can treat these taxes and fees as selling tions, any itemized real estate deduction. Follow the expenses. If you pay these amounts as the buyer, include Instructions for Schedule A when completing the form. them in your cost basis of the property. Determine the amount of real estate tax deductions Reporting Other Income Related to associated with your home sale. Depending on your Your Home Sale circumstances, you may need to figure your real estate tax deductions differently. See the discussion that follows Report as ordinary income on Form 1040, 1040-SR, for more information. or 1040-NR any amounts received from selling per- sonal property. If you sold furniture, drapes, lawn equip- If you didn’t receive a Form 1099-S, use the follow- ment, a washer/dryer, or other property that wasn’t a per- ing method to compute your real estate tax deduction, manent part of your home, report the amount you received which may be different from the amount of real estate tax for the items as ordinary income. Report this amount on you actually paid. Schedule 1 (Form 1040), line 8z, or Schedule NEC (Form • Divide the number of days you owned the property 1040-NR) if a nonresident alien. The selling price of your during the year of sale, not counting the date of sale, home doesn’t include amounts you received for personal by 365 (or 366 for a leap year). property sold with your home. • Multiply that figure by the amount of real estate tax Report as ordinary income on Form 1040, 1040-SR, due on the home during the 12-month billing cycle that or 1040-NR any amounts received for sales of ex- contains the date of sale. The result is the amount of pired options to purchase your property. If you gran- real estate tax you can deduct as an itemized deduc- ted someone an option to buy your home and it expired in tion. the year of sale, report the amount you received for the Example. The real estate tax on Dennis and Pat option as ordinary income. Report this amount on Sched- White's home was $620 for the year. Their real property ule 1 (Form 1040), line 8z, or Schedule NEC (Form tax year was the calendar year, with payment due August 1040-NR) if a nonresident alien. 3, 2022. They sold the home on May 6, 2022. Dennis and Report as ordinary income on Form 1040, 1040-SR, Pat are considered to have paid a proportionate share of or 1040-NR applicable canceled or forgiven mort- the real estate taxes on the home even though they didn’t gage debt. If you went through a mortgage workout, fore- actually pay them to the taxing authority. closure, or other process in which a lender forgave or can- Dennis and Pat owned their home during the 2022 real celed mortgage debt on your home, then you must property tax year for 125 days (January 1 to May 5, the generally report the amount of forgiven or canceled debt day before the sale). They figure their deduction for taxes as income on your tax return. However, if you had a writ- as follows. ten agreement for the forgiveness of the debt in place be- fore January 1, 2026, then you might be able to exclude the forgiven amount from your income. For more informa- tion, see Pub. 4681, Canceled Debts, Foreclosures, Re- possessions, and Abandonments. Publication 523 (2022) Page 17 |
Page 18 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Paying Back Credits and Subsidies in your local community, if you qualify, which include the following. If you received any homebuyer credits or federal mort- • Free File. This program lets you prepare and file your gage subsidies, you may have to pay back (“recapture”) federal individual income tax return for free using some or all of the amount by increasing your tax payment. brand-name tax-preparation-and-filing software or Free File fillable forms. However, state tax preparation Determine any amounts you may have claimed as a may not be available through Free File. Go to IRS.gov/ first-time homebuyer tax credit. If you bought your FreeFile to see if you qualify for free online federal tax home in 2008, you must pay back the credit unless you preparation, e-filing, and direct deposit or payment op- qualify for an exception. tions. See Form 5405, Repayment of the First-Time Home- buyer Credit, to find out how much to pay back, or if you • VITA. The Volunteer Income Tax Assistance (VITA) qualify for any exceptions. If you do have to repay the program offers free tax help to people with credit, file Form 5405 with your tax return. low-to-moderate incomes, persons with disabilities, and limited-English-speaking taxpayers who need Determine any amounts you may have received in help preparing their own tax returns. Go to IRS.gov/ federal mortgage subsidies in the 9 years leading up VITA, download the free IRS2Go app, or call to the date of sale. If you financed your home under a 800-906-9887 for information on free tax return prepa- federally subsidized program (loans from tax-exempt ration. qualified mortgage bonds or loans with mortgage credit certificates), you may have to recapture all or part of the • TCE. The Tax Counseling for the Elderly (TCE) pro- benefit you received from that program upon the sale or gram offers free tax help for all taxpayers, particularly other transfer of ownership of your home. You recapture those who are 60 years of age and older. TCE volun- the benefit by increasing your federal income tax for the teers specialize in answering questions about pen- year of the sale. You may have to pay this recapture tax sions and retirement-related issues unique to seniors. even if you can exclude your gain from income under the Go to IRS.gov/TCE, download the free IRS2Go app, rules discussed earlier; that exclusion doesn’t affect the or call 888-227-7669 for information on free tax return recapture tax. preparation. See Form 8828, Recapture of Federal Mortgage Sub- • MilTax. Members of the U.S. Armed Forces and sidy, to find out how much to repay, or whether you qualify qualified veterans may use MilTax, a free tax service for any exceptions. offered by the Department of Defense through Military If you did receive any federal mortgage subsidies, you OneSource. For more information, go to must file Form 8828 with your tax return whether you sold MilitaryOneSource MilitaryOneSource.mil/MilTax ( ). your home at a loss or a gain. If you had a loss, you won't Also, the IRS offers Free Fillable Forms, which can have to pay back any subsidy. be completed online and then filed electronically re- gardless of income. Using online tools to help prepare your return. Go to How To Get Tax Help IRS.gov/Tools for the following. If you have questions about a tax issue; need help prepar- • The Earned Income Tax Credit Assistant IRS.gov/ ( ing your tax return; or want to download free publications, EITCAssistant) determines if you’re eligible for the forms, or instructions, go to IRS.gov to find resources that earned income credit (EIC). can help you right away. • The Online EIN Application IRS.gov/EIN ( ) helps you get an employer identification number (EIN) at no Preparing and filing your tax return. After receiving all cost. your wage and earnings statements (Forms W-2, W-2G, 1099-R, 1099-MISC, 1099-NEC, etc.); unemployment • The Tax Withholding Estimator IRS.gov/W4app ( ) compensation statements (by mail or in a digital format) or makes it easier for you to estimate the federal income other government payment statements (Form 1099-G); tax you want your employer to withhold from your pay- and interest, dividend, and retirement statements from check. This is tax withholding. See how your withhold- banks and investment firms (Forms 1099), you have sev- ing affects your refund, take-home pay, or tax due. eral options to choose from to prepare and file your tax re- • The First-Time Homebuyer Credit Account Look-up turn. You can prepare the tax return yourself, see if you (IRS.gov/HomeBuyer) tool provides information on qualify for free tax preparation, or hire a tax professional to your repayments and account balance. prepare your return. • The Sales Tax Deduction Calculator IRS.gov/ ( Free options for tax preparation. Go to IRS.gov to see SalesTax) figures the amount you can claim if you your options for preparing and filing your return online or itemize deductions on Schedule A (Form 1040). Getting answers to your tax questions. On IRS.gov, you can get up-to-date information on current events and changes in tax law. Page 18 Publication 523 (2022) |
Page 19 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • IRS.gov/Help: A variety of tools to help you get an- • Youtube.com/irsvideosmultilingua. swers to some of the most common tax questions. • Youtube.com/irsvideosASL. • IRS.gov/ITA: The Interactive Tax Assistant, a tool that Watching IRS videos. The IRS Video portal will ask you questions and, based on your input, pro- (IRSVideos.gov) contains video and audio presentations vide answers on a number of tax law topics. for individuals, small businesses, and tax professionals. • IRS.gov/Forms: Find forms, instructions, and publica- tions. You will find details on the most recent tax Online tax information in other languages. You can changes and interactive links to help you find answers find information on IRS.gov/MyLanguage if English isn’t to your questions. your native language. • You may also be able to access tax law information in Free Over-the-Phone Interpreter (OPI) Service. The your electronic filing software. IRS is committed to serving our multilingual customers by offering OPI services. The OPI Service is a federally fun- ded program and is available at Taxpayer Assistance Need someone to prepare your tax return? There are Centers (TACs), other IRS offices, and every VITA/TCE various types of tax return preparers, including enrolled return site. The OPI Service is accessible in more than agents, certified public accountants (CPAs), accountants, 350 languages. and many others who don’t have professional credentials. If you choose to have someone prepare your tax return, Accessibility Helpline available for taxpayers with choose that preparer wisely. A paid tax preparer is: disabilities. Taxpayers who need information about ac- • Primarily responsible for the overall substantive accu- cessibility services can call 833-690-0598. The Accessi- racy of your return, bility Helpline can answer questions related to current and future accessibility products and services available in al- • Required to sign the return, and ternative media formats (for example, braille, large print, • Required to include their preparer tax identification audio, etc.). The Accessibility Helpline does not have ac- number (PTIN). cess to your IRS account. For help with tax law, refunds, or account-related issues, go to IRS.gov/LetUsHelp. Although the tax preparer always signs the return, you're ultimately responsible for providing all the informa- Note. Form 9000, Alternative Media Preference, or tion required for the preparer to accurately prepare your Form 9000(SP) allows you to elect to receive certain types return. Anyone paid to prepare tax returns for others of written correspondence in the following formats. should have a thorough understanding of tax matters. For more information on how to choose a tax preparer, go to • Standard Print. Tips for Choosing a Tax Preparer on IRS.gov. • Large Print. Coronavirus. Go to IRS.gov/Coronavirus for links to in- • Braille. formation on the impact of the coronavirus, as well as tax • Audio (MP3). relief available for individuals and families, small and large businesses, and tax-exempt organizations. • Plain Text File (TXT). • Braille Ready File (BRF). Employers can register to use Business Services On- line. The Social Security Administration (SSA) offers on- Disasters. Go to Disaster Assistance and Emergency line service at SSA.gov/employer for fast, free, and secure Relief for Individuals and Businesses to review the availa- online W-2 filing options to CPAs, accountants, enrolled ble disaster tax relief. agents, and individuals who process Form W-2, Wage and Tax Statement, and Form W-2c, Corrected Wage and Getting tax forms and publications. Go to IRS.gov/ Tax Statement. Forms to view, download, or print all the forms, instruc- tions, and publications you may need. Or, you can go to IRS social media. Go to IRS.gov/SocialMedia to see the IRS.gov/OrderForms to place an order. various social media tools the IRS uses to share the latest information on tax changes, scam alerts, initiatives, prod- Getting tax publications and instructions in eBook ucts, and services. At the IRS, privacy and security are format. You can also download and view popular tax our highest priority. We use these tools to share public in- publications and instructions (including the Instructions for formation with you. Don’t post your social security number Form 1040) on mobile devices as eBooks at IRS.gov/ (SSN) or other confidential information on social media eBooks. sites. Always protect your identity when using any social networking site. Note. IRS eBooks have been tested using Apple's The following IRS YouTube channels provide short, in- iBooks for iPad. Our eBooks haven’t been tested on other formative videos on various tax-related topics in English, dedicated eBook readers, and eBook functionality may Spanish, and ASL. not operate as intended. • Youtube.com/irsvideos. Publication 523 (2022) Page 19 |
Page 20 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Access your online account (individual taxpayers identity theft, you can learn what steps you should only). Go to IRS.gov/Account to securely access infor- take. mation about your federal tax account. • Get an Identity Protection PIN (IP PIN). IP PINs are • View the amount you owe and a breakdown by tax six-digit numbers assigned to taxpayers to help pre- year. vent the misuse of their SSNs on fraudulent federal in- come tax returns. When you have an IP PIN, it pre- • See payment plan details or apply for a new payment vents someone else from filing a tax return with your plan. SSN. To learn more, go to IRS.gov/IPPIN. • Make a payment or view 5 years of payment history and any pending or scheduled payments. Ways to check on the status of your refund. • Access your tax records, including key data from your • Go to IRS.gov/Refunds. most recent tax return, and transcripts. • Download the official IRS2Go app to your mobile de- • View digital copies of select notices from the IRS. vice to check your refund status. • Approve or reject authorization requests from tax pro- • Call the automated refund hotline at 800-829-1954. fessionals. Note. The IRS can’t issue refunds before mid-Febru- • View your address on file or manage your communi- ary for returns that claimed the EIC or the additional child cation preferences. tax credit (ACTC). This applies to the entire refund, not just the portion associated with these credits. Tax Pro Account. This tool lets your tax professional submit an authorization request to access your individual Making a tax payment. Go to IRS.gov/Payments for in- taxpayer IRS online account. For more information, go to formation on how to make a payment using any of the fol- IRS.gov/TaxProAccount. lowing options. Using direct deposit. The fastest way to receive a tax • IRS Direct Pay: Pay your individual tax bill or estima- refund is to file electronically and choose direct deposit, ted tax payment directly from your checking or sav- which securely and electronically transfers your refund di- ings account at no cost to you. rectly into your financial account. Direct deposit also • Debit or Credit Card: Choose an approved payment avoids the possibility that your check could be lost, stolen, processor to pay online or by phone. destroyed, or returned undeliverable to the IRS. Eight in 10 taxpayers use direct deposit to receive their refunds. If • Electronic Funds Withdrawal: Schedule a payment you don’t have a bank account, go to IRS.gov/ when filing your federal taxes using tax return prepara- DirectDeposit for more information on where to find a tion software or through a tax professional. bank or credit union that can open an account online. • Electronic Federal Tax Payment System: Best option for businesses. Enrollment is required. Getting a transcript of your return. The quickest way to get a copy of your tax transcript is to go to IRS.gov/ • Check or Money Order: Mail your payment to the ad- Transcripts. Click on either “Get Transcript Online” or “Get dress listed on the notice or instructions. Transcript by Mail” to order a free copy of your transcript. • Cash: You may be able to pay your taxes with cash at If you prefer, you can order your transcript by calling a participating retail store. 800-908-9946. • Same-Day Wire: You may be able to do same-day Reporting and resolving your tax-related identity wire from your financial institution. Contact your finan- theft issues. cial institution for availability, cost, and time frames. • Tax-related identity theft happens when someone Note. The IRS uses the latest encryption technology to steals your personal information to commit tax fraud. ensure that the electronic payments you make online, by Your taxes can be affected if your SSN is used to file a phone, or from a mobile device using the IRS2Go app are fraudulent return or to claim a refund or credit. safe and secure. Paying electronically is quick, easy, and • The IRS doesn’t initiate contact with taxpayers by faster than mailing in a check or money order. email, text messages (including shortened links), tele- phone calls, or social media channels to request or What if I can’t pay now? Go to IRS.gov/Payments for verify personal or financial information. This includes more information about your options. requests for personal identification numbers (PINs), • Apply for an online payment agreement IRS.gov/ ( passwords, or similar information for credit cards, OPA) to meet your tax obligation in monthly install- banks, or other financial accounts. ments if you can’t pay your taxes in full today. Once • Go to IRS.gov/IdentityTheft, the IRS Identity Theft you complete the online process, you will receive im- Central webpage, for information on identity theft and mediate notification of whether your agreement has data security protection for taxpayers, tax professio- been approved. nals, and businesses. If your SSN has been lost or • Use the Offer in Compromise Pre-Qualifier to see if stolen or you suspect you’re a victim of tax-related you can settle your tax debt for less than the full Page 20 Publication 523 (2022) |
Page 21 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. amount you owe. For more information on the Offer in TaxpayerAdvocate.IRS.gov to help you understand what Compromise program, go to IRS.gov/OIC. these rights mean to you and how they apply. These are your rights. Know them. Use them. Filing an amended return. Go to IRS.gov/Form1040X for information and updates. What Can TAS Do for You? Checking the status of your amended return. Go to TAS can help you resolve problems that you can’t resolve IRS.gov/WMAR to track the status of Form 1040-X amen- with the IRS. And their service is free. If you qualify for ded returns. their assistance, you will be assigned to one advocate Note. It can take up to 3 weeks from the date you filed who will work with you throughout the process and will do your amended return for it to show up in our system, and everything possible to resolve your issue. TAS can help processing it can take up to 16 weeks. you if: • Your problem is causing financial difficulty for you, Understanding an IRS notice or letter you’ve re- your family, or your business; ceived. Go to IRS.gov/Notices to find additional informa- tion about responding to an IRS notice or letter. • You face (or your business is facing) an immediate threat of adverse action; or Note. You can use Schedule LEP (Form 1040), Re- • You’ve tried repeatedly to contact the IRS but no one quest for Change in Language Preference, to state a pref- has responded, or the IRS hasn’t responded by the erence to receive notices, letters, or other written commu- date promised. nications from the IRS in an alternative language. You may not immediately receive written communications in How Can You Reach TAS? the requested language. The IRS’s commitment to LEP taxpayers is part of a multi-year timeline that is scheduled TAS has offices in every state, the District of Columbia, to begin providing translations in 2023. You will continue and Puerto Rico. Your local advocate’s number is in your to receive communications, including notices and letters local directory and at TaxpayerAdvocate.IRS.gov/ in English until they are translated to your preferred lan- Contact-Us. You can also call them at 877-777-4778. guage. Contacting your local IRS office. Keep in mind, many How Else Does TAS Help Taxpayers? questions can be answered on IRS.gov without visiting an TAS works to resolve large-scale problems that affect IRS TAC. Go to IRS.gov/LetUsHelp for the topics people many taxpayers. If you know of one of these broad issues, ask about most. If you still need help, IRS TACs provide report it to them at IRS.gov/SAMS. tax help when a tax issue can’t be handled online or by phone. All TACs now provide service by appointment, so you’ll know in advance that you can get the service you TAS for Tax Professionals need without long wait times. Before you visit, go to TAS can provide a variety of information for tax professio- IRS.gov/TACLocator to find the nearest TAC and to check nals, including tax law updates and guidance, TAS pro- hours, available services, and appointment options. Or, grams, and ways to let TAS know about systemic prob- on the IRS2Go app, under the Stay Connected tab, lems you’ve seen in your practice. choose the Contact Us option and click on “Local Offices.” Low Income Taxpayer Clinics (LITCs) The Taxpayer Advocate Service (TAS) Is Here To Help You LITCs are independent from the IRS. LITCs represent in- dividuals whose income is below a certain level and need What Is TAS? to resolve tax problems with the IRS, such as audits, ap- peals, and tax collection disputes. In addition, LITCs can TAS is an independent organization within the IRS that provide information about taxpayer rights and responsibili- helps taxpayers and protects taxpayer rights. Their job is ties in different languages for individuals who speak Eng- to ensure that every taxpayer is treated fairly and that you lish as a second language. Services are offered for free or know and understand your rights under the Taxpayer Bill a small fee for eligible taxpayers. To find an LITC near of Rights. you, go to TaxpayerAdvocate.IRS.gov/about-us/Low- Income-Taxpayer-Clinics-LITC or see IRS Pub. 4134, Low How Can You Learn About Your Taxpayer Income Taxpayer Clinic List. Rights? The Taxpayer Bill of Rights describes 10 basic rights that all taxpayers have when dealing with the IRS. Go to Publication 523 (2022) Page 21 |
Page 22 of 22 Fileid: … tions/p523/2022/a/xml/cycle04/source 9:00 - 12-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To help us develop a more useful index, please let us know if you have ideas for index entries. Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us. Subsidies 9 More than one home 3 A exclusion of canceled or forgiven mortgage debt 1 N Armed Service Members 4 Exclusion of gain 3 Assistance (See Tax help) Nonresident or resident alien 15 Automatic disqualification 3 F Away from home 3 O Federal mortgage subsidies 18 B First-time homebuyer tax credit 18 Ownership 3 Form 8949 15 Ownership requirement 3 Basis adjustments: Future developments 1 Adjusted basis 8 P Business or Rental use of home 11 G Paying back credits 18 C Gain or loss 8 Paying back subsidies 18 Exclusion of gain 3 Peace Corps Members 4 Capital Gains: Publications (See Tax help) Qualified Opportunity Funds 1 H Closing costs 8 R Community property: Home acquired through a trade 9 Basis determination 10 Home inherited 10 Remodeling 9 Condemnation: Home received as gift 10 Rental use of home 11 Basis 10 Home sale: Repairs 9 Sale price 10 Reporting requirements 15 Reporting home sale deductions 17 Condominium: Houseboat: Reporting other income related to home sale 17 As main home 3 As main home 3 Reporting taxable gain or loss 15 Cooperative apartment: Residence 3 As main home 3 I Residence requirement 3 Improvements 9 D Inheritance: S Death of Spouse 4 Home received as 10 Seller costs 8 Depreciation: Installment sale 15 Settlement fees 8 Home used for business or rental Interest reporting 15 Spouse: purposes 15 Death of (See Surviving spouse) Destruction: L Surviving spouse: Basis 10 Look-back requirement 4 Basis determination 10 Sale price 10 Look-back requirement exceptions 4 Disability: Mentally disabled 3 T Physically disabled 3 M Tax help 18 Divorce 10 Main home: Taxable gain 14 Defined 3 Transfer of home 3 E Factors used to determine 3 Missing children, photographs of 1 W Eligibility test 3 Mobile home: Widowed Taxpayers 4 Energy: As main home 3 Credit 9 Page 22 Publication 523 (2022) |