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Level 2
April 9, 2020
Solved

Home sale exclusion

  • April 9, 2020
  • 2 replies
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Is it permitted to amend a 2017 tax return to rescind an election to exclude the sale of a residence so you can exclude a sale in 2019?

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Best answer by TaxGuyBill

§121(f) and §1.121-4(g).

2 replies

Level 15
April 9, 2020

Yes.

BobKamman
Level 15
April 10, 2020

I don't see any reference to an "election" in Section 121.  It says the gain "shall" be excluded.  However, if the two sales were not 24 months apart, the exclusion on the second home can be pro-rated if the sale was "by reason of a change in place of employment, health, or, to the extent provided in regulations, unforeseen circumstances."

Level 15
April 10, 2020

§121(f) and §1.121-4(g).

BobKamman
Level 15
April 10, 2020

Well, yes, but who the (f) reads that far?  If the exceptions in (c) apply, then take two bites of the apple and not just one.