近距离内射合集

Question: My husband and I purchased a home in April 2024 and have a contract to sell with a closing date of May 15. I simply assumed that we would pay no tax on our gain because our ownership would be more than 2 years. However, we own a condominium in San Diego and typically spend Christmas and much of the summer there. I have now been warned that these absences may cause us to pay tax on the sale of our house here. Had we known this, we would have delayed the closing. I do not know if the buyer will allow us to push the date back, and I do not even know how far I would have to push it back. Any thoughts?

Hamill: First, you are dealing with the tax law provision that says you can exclude gain from the sale of a principal residence.

To qualify, the house must have been owned and used as your principal residence for two of the five years before the sale.

The amount of the exclusion is $500,000 for a couple who are married and filing a joint return.

The regulations allow you to count in one of two ways. Either 24 full months or 730 days. Either way, you seem to fail the test.

However, the regulations also say that in measuring the use test, any 鈥渟hort temporary absences鈥� are ignored.

The temporary absence relief is logical since everyone leaves their home for periods extending overnight.

What is uncertain is how long you can be away and still treat the absence as a 鈥渟hort, temporary鈥� one.

The regulations offer two examples, one in which the taxpayer鈥檚 use qualifies and one in which it does not.

The 鈥渂ad鈥� example is a college professor who takes a one-year sabbatical and leaves his principal residence. This is not a short, temporary absence.

The 鈥済ood鈥� example is a taxpayer who has two vacation periods, each for two months. This is a short, temporary absence.

You did not say the exact days of absence for 鈥淐hristmas鈥� and 鈥渕uch of the summer.鈥� I suspect that the Christmas absence is short enough that it will not create an issue.

A summer absence of two months or less would be fine based on the example in the regulations.

Let me turn into my tax adviser mode, which means deliberately vague language delivered by a creature with a heart, but perhaps one that is a few sizes too small.

If your summer absences are for a full three months each, I cannot advise you that you will qualify for the exemption based on the facts provided.

There is no authority on point, however, so there is no authority that says three months is not a temporary absence.

The vague, less-than-full-hearted answer is that neither I nor any other tax adviser can tell you that you will qualify for the exemption.

But the way that competent tax practice works is that the adviser does not need to be certain of the answer to say that you can do something.

I think that any competent tax adviser who has read the regulations would be willing to sign your tax return claiming the gain exclusion based on the facts provided.

The only annoying part of the advice will be that the competent adviser will warn that he or she cannot assure you that the exclusion will be available.

The IRS could challenge the availability of the exclusion. They might be successful in this challenge.

An important issue is that, based on the facts provided and the advice I think you would get from a competent adviser, you could certify that you qualify for the exclusion.

What I mean by this is that you can sign a form at the title company that says you have owned and used the house as your principal residence for two of the five years before sale.

The title company then does not have to issue Form 1099-S (Proceeds from Real Estate Transactions).

If this form is not issued, the sale will not have to be reported on your 2026 tax return. This, of course, makes it quite difficult for the IRS to know that the sale occurred.

Jim Hamill is the director of tax practice at Reynolds, Hix & Co. in Albuquerque. He can be reached at jimhamill@rhcocpa.com.