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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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Tom Heyl
Keller Williams Realty
488 Springfield Ave.
Summit, NJ 07901
Office: 908-273-2991 x 116
Mobile: 973-479-1898
Fax: 908-273-2996
TomHeyl@KW.com

Born and raised in Chatham Township’s, Green Village, NJ, Tom offers unparalleled local real estate market insight and expertise. Tom is a graduate of the Chatham School system and Rutgers University’s Cook College with a Bachelor of Science degree in agricultural economics. Tom previously worked at his family’s business, Heyl Roses Inc. in Green Village. Heyl Roses was the last and oldest commercial rose and cut flower grower in New Jersey. Tom Heyl has been an active part of the Chatham area community by serving as the former Deputy Chief of the Green Village Fire Department and was an alternate member of Chatham Twp. Board of Adjustment as well as an appointed member of the Morris County farmland preservation committee. Tom currently serves as an active member of the New Vernon Volunteer Fire Department. Tom has two children currently attending Chatham schools. Tom Heyl has been Full Time Realtor since 1998 and is consistently one of our area's top producing Realtors. Tom provides the same excellent level of service to all of his clients whether they are first time buyers or estate caliber sellers. Tom also has a unique perspective and knowledge of new construction, currently working with several fine home builders and renovators. Specializing in the Chatham’s, Madison, New Vernon, Morris Twp., Summit, New Providence and surrounding communities.

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