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The Federal Tax Code allows married taxpayers to exclude from capital gains taxes up to $500,000 in profits from selling a home (singles can exclude $250,000). In order to qualify for this exemption, you must prove that that the home has been your principal residence for at least two out of the last five years. The establishment of the home as a principal residence depends on the facts of each homeowner's circumstance. Here are two cases to consider.

Homeowner A has lived at 25 Pine Drive for 12 years. Although he stays at his vacation cottage in another town for up to three months out of each year (sometimes more), 25 Pine Drive is his principal residence, where he lives most of the time. When he sells the home, Homeowner A (filing as a single individual) can keep up to $250,000 in tax-free profit.

Homeowner B buys 108 Maple Street, intending to live there. He rents it out while waiting to sell his current home, where he has lived for six years. His principal residence sells at the end of two years. Homeowner B moves into his new house, lives there for three months, and then decides to travel. After a six-month trip, he regrets buying 108 Maple Street and sells it. Even though he has owned the house on Maple Street for over two years, it won't qualify as "owner-occupied", because he only lived in it for a few months. Thus Homeowner B is not eligible to claim the tax exemption when he sells the house on Maple Street.

Consult your tax advisor for advice about your particular circumstance.

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Sherri Melton
Keller Williams Realty Augusta Partners
3633 Wheeler Rd., Ste. 125
Augusta, GA 30909
706-495-1135
Fax: 706-364-1963
SherriMelton@NUMBER1EXPERT.com

Sherri is dedicated to accomplishing her clients goals whether that may be buying or selling around Augusta. You will find her high energy level, integrity, and driven work ethic are second to none. Sherri was the # 1 Sales Agent for 2009 with Keller Williams Realty Augusta Partners. She was nominated Associate to receive the WI4C2TS award in 2008. This reflects the company culture: WIN-WIN - or no deal, INTEGRITY - Do the right thing, CREATIVITY - Ideas before results - CUSTOMERS - Always come first, COMMITMENT - In all things, SUCCESS - Results through people, TEAMWORK - Together everyone achieves more, COMMUNICATION - Seek first to understand, and TRUST - Starts with honesty. A stickler for high standards, exceptional service and a reputation for results, you will feel very comfortable with Sherri. Sherri is also an Accredited Staging Professional Agent. She offers this service to all sellers because a Staged home gives you the competitive edge you need in todays market! 94.8% of ASP Staged Homes sell on average in 37 days or less. She serves on the Associate Leadership Council as Culture Chair for Keller Williams Realty Augusta Partners.

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