The federal Taxpayer Relief Act of 1997
says when you sell your home you can keep, tax free, capital gains of up to
$500,000 if you are married filing jointly or $250,000 for single taxpayers, or
married taxpayers who file separately. To qualify for the exclusion, you must
have used the home as your principle residence for at least two of the prior
five years. It is not a one time tax exclusion. You can use the exclusion as
often as you meet the qualifications.
The federal Internal Revenue Service
Restructuring and Reform Act of 1998 further clarified the law and says you can
prorate the $500,000/$250,000 exclusion (not your specific gain) if unforeseen
events, such as a job change, illness, or some other hardship forced you to sell
before you meet the two-year residency requirement.
Many, but not all federal tax benefits
are also available from state tax departments. Be sure to discuss your move with
a tax professional familiar with state tax rules, especially if you are moving
from one state to another.