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Taxpayer sold a home he owned jointly with spouse (home a) in 2021 that qualifies for the main home gain exclusion. Home a was rented and nonqualified use will be factored but main home gain exclusion still applies. Taxpayer and spouse are planning to sell home b, which they currently live in during 2022.They also qualify for the exclusion in 2022.
I see a hard stop at 26 USC 121 (b) (3) (3) - Application to only 1 sale or exchange every 2 years -Subsection (a) shall not apply to any sale or exchange by the taxpayer if, during the 2-year period ending on the date of such sale or exchange, there was any other sale or exchange by the taxpayer to which subsection (a) applied.
Is my read here correct? Taxpayer has no special situation prompting the move. Taxpayer has proposed filing MFS and using the gain exclusion for himself and his spouse in different years, but I see the above referenced code as disallowing this.
Appreciate the 2nd look.