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If a taxpayer gets a home as part of a divorce property settlement, the taxpayer's ownership duration will include the time the spouse or previous spouse owned the house. In addition a taxpayer is dealt with as having used the home as a primary house during the time the taxpayer owned the residence and the taxpayer's spouse or former spouse was permitted to use itunder a decree of divorce or separationas a principal house.

On January 1, 2001, Harry and Jennifer were divorced. Under the divorce decree, Jennifer is permitted to reside in the home up until February 1, 2002. Research It Here offers the home on March 1, 2002. Harry and Jennifer might both satisfy the two-year ownership and use requirements. Although Harry resided in the house for just 12 months, if he continues to own it he is likewise thought about to have lived in the house for the 13 months Jennifer lived there.

CPAs may desire to recommend that separating property owners who have not satisfied the two-year ownership and use requirements think about having the divorce or separation decree need that one spouse remain in the home till the two-year usage requirement is satisfied. The proposed regulations specify three major limits on a taxpayer's capability to declare the area 121 exemption: Disallowance for use or partial usage of the house as a nonresidence.
The once-every-two-years constraint. If a taxpayer likewise uses a home for purposes besides as a principal residence, the gain exclusion does not use to the degree of depreciation taken on the home after May 6, 1997. On January 1, 1998, Kelly bought a home and rented it to occupants for 2 years.

On January 1, 2000, Kelly moves into the house and begins to use it as a principal home. On February 1, 2002, after owning and utilizing the home as a primary house for more than two years, he offers the house at a $40,000 gain. Only $26,000 ($40,000 understood gain minus $14,000 devaluation) of the gain is qualified for the exemption.