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Principal Residence: What Qualifies for Tax Purposes?

Principal Residence: The home a person inhabits most of the time.

Investopedia / Jake Shi

Definition

A principal residence constitutes the taxpayer's residence for a continued and specific period of time.

What Is a Principal Residence?

For tax purposes, a principal resi𒀰dence is the dwelling t𒅌hat a person inhabits most of the time. It does not matter whether it is a house, apartment, trailer, or boat as long as it is where the taxpayer lives for most of the year. A principal residence is also referred to as a primary residence or main residence.

If a taxpayer owns multiple proper𓃲ties, onl💮y one can be considered the principal residence.

Key Takeaways

  • If a taxpayer maintains more than one residence, the dwelling in which they spend more of their time would qualify as the principal residence.
  • When a principal residence is sold, the seller may qualify for a tax exclusion on the profit.
  • Proof that it was the taxpayer's principal residence may be required.

Understanding Principal Residence

Ownership of a property in and ⭕of itself does not mean it is a principa🌠l residence. What’s more, putting furniture and other personal effects in the dwelling does not necessarily qualify it as a principal residence.

For tax purposes, the taxpayer must both use and lease or own the residence for a minimum length of time to meet some of the qualifications.

In most cases, taxpayers must file taxes on 澳洲幸运5官方开奖结果体彩网:capital gains from the sale of any property. However, when they sell a primary residence, they qualify for a federal tax 澳洲幸运5官方开奖结果体彩网:exclusion of a $250,000 gain ($500,000 if married and filing 𝐆jജointly) if they meet the following Internal Revenue Service (IRS) requirements:

  1. They owned the home and used it as a primary residence for at least two of the five years preceding the sale of the property.
  2. They did not acquire the home through a like-kind exchange in the past five years.
  3. They did not exclude the gain from the sale of another home for up to two years prior to the sale of this home.

Proving a Principal Residence for Tax Purposes

While absences from the home for vacation or long-term medical care do not affect the standing of a principal residence, protracted lack of occupancy for other reasons may disqualify it. There also are exclusions from disqualification for taxpayers assigned to extended duty in the uniformed services, the foreign service, or the intelligence service. 

Important

The taxpayer must both use the residence and lease or own it for a minimum duration to meet some of the qualific🍌ations.

For taxpayers who maintain more than one residence and divide their time between those residences, the dwelling in which they spend more time would qualify as their principal residences. If the taxpayer owns one home but rents another residence in which they live, the rented property would be their p💞rincipal residence.

Other types of proof may be required to establish one’s principal residence. This can include utility bills with the occupant’s name and address, a driver’s license with the address, or a voter registration card. Mobile homes, apartments, and boats may qualify as primary residences if they are equipped with sleeping space, a bathroom, and a kitchen.

Principal Residence and Divorce

In the event of a divorce or 澳洲幸运5官方开奖结果体彩网:legal separation, determining which spouse can claim a home as a principal residence for tax purposes depends on several factors. The IRS allows either spouse to claim the capital gains exclusion—$250,000 individually or $500,000 jointly—if they meet the ownership and use tests. However, complications arise when only one spouse remains in the home, or when the title is in one spouse’s name only.

If one spouse continues to live in the home after the separation, they may still qualify for the exclusion on their own if they meet the ownership and use requirements independently. In some cases, the IRS allows time spent in the home by a former spouse to count toward the use test for the non-resident spouse, especially if the home is awarded to one spouse under a divorce or separation agreement. This means a spouse who moves out but retains ownership might still qualify if their former spouse continues to live there.

To avoid confusion or disqualification, it's important for divorcing spouses to document any agreements related to the property, including who will remain in the home and for how long. These agreements, when formalized in a divorce decree or written separation agreement, can support a claim for the exclusion.

Temporary Absences and Safe Harbors

Temporary absences from a home do not necessarily disqualify it as a principal residence for tax purposes, as long as the taxpayer can demonstrate continued ownership and intent to return. Situations such as work assignments, medical treatment, or extended travel a🐬re often treated as exceptions, provided the home remains the taxpayer’s primary living space when noౠt away. The IRS recognizes that life events can lead to gaps in physical occupancy without severing the taxpayer’s connection to the residence.

The IRS also provides a specific “safe harbor” exception for certain taxpayers, especially members of the military. These individuals may suspend the five-year lookback period for up to 10 years while on qualified extended duty. This provision allows them to still meet the “two out 🍬of five years” test even if they have not lived in the home recently, provided they otherwise meet the ownership and use criteria. This type of exception is referred to as a "stop the clock" exception.

Can You Have More Than One Principal Residence?

For tax purposes, you can 澳洲幸运5官方开奖结果体彩网:only have one principal residence. Under United States tax law, a taxpayer must use, own, or lease a residence for a specified duration for it to be deemed a principal residence. The home must have been used as the taxpayer's primary residence in two of the last five years. If you have claimed a tax exemption for a previous residence within the last two years, you cannot claim an exemption on a new principal residence, even if it is now your main home.

What Is the Tax Exemption for a Principal Residence?

Individual owners of a home do not have to pay capital gains on the first $250,000 𒆙of value sold on a property. Married couples are exempt from capital gains tax on the first $500,000 in gains.

Capital gains tax is owed for gains that exceed these numbers.

What Is the 2 Out of 5 Year Rule?

Under United States tax law, for a home to qualify as a principal residence, it must meet the two out of five year rule. This means that a person must live in the residence for a total of two years or 730 days combined out of a five-year period. This rule also applies to married couples filing jointly.

How Can I Verify My Principal Residence?

A principal residence can be verified through utility bills, a driver's license, or a voter registration card. It may also be proved through tax returns, motor vehicle registration, or the address closest to your job.

The Bottom Line

Most of us have little trouble identifying our principal residence. It's where we live, at least most of the time. You may be required to prove it from time to time if you have a second home or spend a great deal of your time elsewhere. Most importantly, the question could come up when you're reporting a capital gain from the sale of your principal residence and you qualify for the hefty exclusion from taxes that comes only with the sale of a principal residence.

Proving it should be a straightforward matter, however. A voter registration card or driver's license, a series of tax returns mailed to you at that address, or utility bills directed to you all indicate your principal residence.

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