Capital Gains Tax Rate for Real Estate, Home and Property 2011, 2012

The new Housing Assistance Tax Act of 2008 has made some changes to the capital gains tax rate for real estate, home and property. If you have sold your main residence, you can now exclude up to $500,00.00 in capital gains when you file your income tax for capital gains.

The amount that can be excluded will be based on the percentage of time you lived in your home as the primary resident. If you used your home as anything other than your primary residence then your gains must be separated between qualifying and non-qualifying use. This allocation will not take effect until January 1, 2009.

Qualifying Use

If you have used your home for your primary residence then you are able to deduct up to $250,000.00 for single filers and $500,000.00 if you are married and filing jointly. You must have used your home for your primary residence for at least two years out of the five years ending on the date that the home is sold. Your real estate will be able to hold on to its qualifying status if there is an absence in the home due to a change in job, health problems, or certain types of unforeseen changes.

Non Qualifying Use

If your home was not used as your primary residence. Any type of short term absence from the home that does not exceed a total of two years will still be considered qualifying use. If you used your home as your primary residence but you did not meet the time test to qualify then you are able to allocate your capital tax gains. This means that the time you lived in your home will be allocated as qualifying use and therefore will become tax deductible.

Please visit TurboTax Online with all of your capital gains tax questions. TurboTax online offers free tax calculators and deduction maximizers to help you get the most deductions possible.