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Income Tax When You Sell a Home Used Partly for Business or Rent 
 
by kmhagen September 19, 2005

Example – Business Use in Year of Sale

You have a two-story house with a full basement level that you bought for $120,000 five years ago.  You used the entire property as your home for three years.  Then you started a home-based business.  You closed off the basement level and used it only for business for two years.  During those two years you claimed depreciation of $4,000.  At the end of the fifth year, while you were still using the basement level for your business, you sold the property for $180,000.

  • First you would determine the adjusted basis of the portion used as your home and the business portion.  Assuming the purchase price is allocated equally by floor, 2/3 would be for your home and 1/3 would be for the basement level used in your business.  The basis of your home would be $80,000, and the adjusted basis of the business portion would be $40,000 minus $4,000 depreciation, for a net of $36,000.
  • Allocating the selling price based on the same proportion would give you $120,000 applicable to your home and $60,000 applicable to business.
  • The allocated selling price minus the adjusted basis would result in a gain of $40,000 ($120,000 minus $80,000) on the part of the property used as your home, and $24,000 ($60,000 minus $36,000) on the business portion of the property.
  • From the $24,000 gain on the business portion, you would subtract the $4,000 depreciation claimed since May 6, 1997.  (This will be the Unrecaptured Section 1250 Gain).  This will leave an excludible gain of $20,000 on the business portion ($24,000 minus $4,000).
  • Assume your maximum exclusion is $250,000.  Since your total gain of $60,000 ($40,000 for home and $20,000 for business) is less, you can exclude your entire gain.
  • You would not have to report the gain on the sale of the portion of the property you use as your home since you can exclude the entire amount.
  • You would report the gain from the business part, $24,000, in Part III of Form 4797, and your exclusion of $20,000 on line 2 of Form 4797, leaving you with a taxable gain of $4,000 from the business part of your property.

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