Tax Break When Selling Land Adjacent To Your Residence
Plan for Qualified Lot Sales |
IRS regulations specifically allow you to use the federal income tax home sale gain exclusion privilege to shelter profit from selling vacant land adjacent to your house - even if the land sale occurs in one or more transactions that are completely separate from the sale of your house. Although this sounds too good to be true, it is true!
Gain Exclusion Qualification Rules If you're unmarried, you can potentially sell your principal residence for a gain of up to $250,000 without owing anything to the U.S. Treasury. If you're married and file jointly, you can potentially exclude up to $500,000 of home sale gain. To qualify, you generally must pass both of the following tests: 1. You must have owned the property for at least two years during the five-year period ending on the sale date (the ownership test). 2. You must have used the property as a principal residence for at least two years during the same five-year period (the use test). To be eligible for the $500,000 joint-filer exclusion, at least one spouse must pass the ownership test, and both spouses must pass the use test. If you excluded a gain from an earlier principal residence sale under these rules, you generally must wait at least two years before taking advantage of the break again. For joint filers, the $500,000 exclusion is only available when both you and your spouse have not claimed an exclusion for an earlier sale within two years of the sale date in question. Capital gains in excess of your exclusion are generally taxed at a maximum federal rate of no more than 15 percent. State tax may also apply. |
- The land must be adjacent to the parcel that contains your house, and it must be used as part of your principal residence (as opposed to being used for business or rental purposes).
- The house must also be used as your principal residence.
- The adjacent land must be sold within two years before or after the sale of the parcel that contains your house, and you must meet certain timing requirements for both the sale of the house and the sale, or sales, of the land. (See right-hand box for timing qualifications.)


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