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Nevertheless, post-May 6, 1997 depreciation allowable on nonresidential use can set off gain recognition on the residential-use part of your house. Leann used 10% of her home as a workplace for a company. She owned and used the home as a principal residence for a minimum of two years during the five-year duration before she sold it.

On January 1, 1999, Morton bought a house that he utilized partly for service functions. He sells the home on January 1, 2002 having owned and utilized it for three years. View Details understands a $40,000 gain on the sale, of which $30,000 is attributable to the property portion of the home and $10,000 to the company part.

The gain on the residential portion of the house eligible for exclusion ($30,000) is lowered by $2,000 the quantity by which the depreciation reductions exceed the gain on the business-use portion of the house ($12,000 depreciation minus $10,000 gain). Therefore, Morton will exclude $28,000 ($30,000 minus $2,000) from income but will include $12,000.

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Nevertheless, if Morton had taken devaluation reductions of $7,000, the gain on the property portion of the house eligible for exclusion ($30,000) would not be decreased due to the fact that Morton's depreciation reductions ($7,000) did not go beyond the gain on the business-use portion of the home ($10,000). Therefore, he would exclude $30,000 from earnings however consist of $10,000.


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Taxpayers who collectively own a primary residence, however file separate returns, may each omit up to $250,000 of the gain attributable to their interest in the home. A couple who submit a joint return might exclude as much as $500,000 of the gain if Either spouse meets the two-year ownership requirement.

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Neither spouse omitted gain from a previous sale or exchange of a principal home within the last 2 years. If the taxpayers do not meet any among these requirements, the maximum exclusion amount a couple can claim on a joint return is the amount of each partner's exemption amount, determined as though (1) the spouses were not wed and (2) each spouse owned the home throughout the period that either partner owned the home.