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Level 3
April 3, 2021
Solved

Section 121 Exclusion

  • April 3, 2021
  • 10 replies
  • 40 views

Hello.

One of my client sold their rental property back on 2018 that they leaved there for 10 years and rented for 2 years, And they did not take section 121 exclusion back on 2018 and they paid capital gain , my question is can we file amended tax return and take section 121 exclusion for 2018 and get their refund.

Thanks,

Khalid

This topic has been closed for replies.
Best answer by Just-Lisa-Now-

looks like you will have some nonqualified use in the 5 year period, but should be able to get some of the exclusion.

10 replies

Just-Lisa-Now-
Intuit Community Champion
April 3, 2021
I dont know why not.
♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
BobKamman
Level 15
April 3, 2021

When did they move out, and when did they sell?

omnk2000Author
Level 3
April 3, 2021

Thank you Bob for a quick respond , they moved out 2016 and sold the property on 07/20/2018.

Thanks.

Just-Lisa-Now-
Intuit Community Champion
April 3, 2021

looks like you will have some nonqualified use in the 5 year period, but should be able to get some of the exclusion.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Accountant-Man
Level 13
April 3, 2021

2018 1040s can be amended through 4/15/2022 or 10/15/2022, if extended.

** I am "Elevating with Intention!"
omnk2000Author
Level 3
April 3, 2021

Thank you Man.