Selling Your House Before 2 Years: Capital Gains Tax, Tax Penalty, and More (2024)

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Selling Your House Before 2 Years: Capital Gains Tax, Tax Penalty, and More (1)

Unexpected tax bills have hit countless homeowners who have engaged in premature moves. Over the last five years, 40 million Americans have moved every year, and many of them have found themselves losing out because they moved too quickly.

Selling a house 2 years after buying is rarely an ideal situation. So what happens if you sell your house before 2 years are up? Unlike most moves, you’ll be subject to capital gains tax, which could amount to thousands of dollars.

Here’s your guide to keeping more money in your pocket to avoid getting stung when moving your primary residence within two years of buying.

Can you sell your house before 2 years?

Can you sell your house before 2 years?

Yes, you can legally sell your house before 2 years, but there are some financial consequences you should be aware of.

Capital gains taxes apply to owning real estate for a short period to tax investors who make gains on flipping homes. Sadly, some homeowners find themselves inadvertently caught up in this, even if they’ve got a valid reason to move.

The American tax system doesn’t distinguish between investors looking to flip a house and people moving due to unforeseen circ*mstances. Common reasons why someone might need to sell their house before 2 years are:

  • Job relocation
  • Health issues
  • Family emergencies
  • Financial crisis
  • Major changes in circ*mstances, such as a divorce
  • Buyer’s remorse

When selling your house before reaching the 2-year mark, there are several factors to consider:

  • Capital Gains Tax: If you make a profit from the sale of your house, this is considered a capital gain. Since you haven’t owned the home for at least 2 years, this profit will likely be subject to short-term capital gains tax, which is taxed at the same rate as your ordinary income.
  • Tax Penalties: If you’re selling your primary residence before 2 years, you miss out on the capital gains tax exemption, which allows homeowners to exclude a certain amount of the gains from their taxable income if they’ve lived in the home for at least 2 of the last 5 years.
  • Real Estate Agent Fees: Selling a house involves real estate agent commissions, which can be a significant portion of the sale price.
  • Lack of Equity: If you’ve owned the house for less than 2 years, you may not have built up enough equity for the sale to make financial sense after accounting for real estate agent fees and other selling costs.
  • Market Conditions: The state of the real estate market can also influence whether selling before 2 years is advantageous. If you’re selling in a seller’s market, you might still be able to make a profit despite the tax penalties.
  • Relocation and Other Costs: Moving involves costs beyond just selling the house. You’ll also need to consider moving expenses, the cost of finding a new property, and potentially overlapping mortgage payments.

Given these factors, while it is legal to sell your house before 2 years, it is important to weigh the financial implications.

It may be more beneficial to hold onto the property longer to build equity and potentially qualify for tax benefits. However, personal circ*mstances and market conditions could make selling earlier a sensible option for some homeowners.

Consult with a real estate agent to make an informed decision.

Capital Gains for Selling a House Before 2 Years

What happens if you sell your house before 2 years? In the eyes of the IRS, you’re eligible to pay capital gains taxes on any profit you make from the property.

This is because your home will be classified as a capital asset, even if it’s your primary property. So, is it bad to sell a house after 2 years? The chances are, yes, because even if you make a profit, any gains will likely be wiped out by selling fees.

Capital gains taxes will be paid at the standard rate if you sell before the two-year mark because you won’t receive any exemption.

To avoid the taxes on a sale of a home, you must use the property as your primary residence for a minimum of two years. Doing so will ensure you avoid any capital gains penalties.

Is there a penalty if you sell your house before 2 years?

There might not be a direct penalty for selling your house before 2 years, but you could lose money due to taxes and other costs.

Unless you’re in a hot market where property values are surging, selling your house early often leads to financial losses. This is mainly due to the capital gains tax and selling costs that apply when selling a house before it has been owned for 2 years.

By selling before the 2-year mark, you miss out on the Section 121 exclusion, which allows homeowners to exclude a portion of the gains from their income for tax purposes if they have lived in the home as their primary residence for at least two of the last five years. Single filers can exclude up to $250,000, and married couples filing jointly can exclude up to $500,000.

Apart from capital gains taxes, you have to account for other selling costs such as real estate agent fees, staging, inspection fees, repair costs, and closing costs. When selling within a short timeframe, these costs can significantly diminish any profits or even create a loss.

5-Year Rule in Home Ownership

What happens if you sell your house before 2 years? Capital gains taxes. Homeowners need to consider the 5-year rule for selling a house when analyzing their short and medium-term futures.

The five-year rule isn’t part of the tax code or the law. It’s an investment principle stating that the longer you keep your home, the more profit you can expect. Experts recommend holding your property for at least five years to avoid losing money on your investment.

What factors are involved in potentially appreciating your primary home?

  • Location – Some areas are more appealing than others. For example, nearby green spaces can add 20% of value to your home.
  • Supply and Demand – Due to low supply, house prices have risen by 20% in one year. Supply and demand imbalances can cause surges in real estate appreciation.
  • Comparable Properties – Rising tides lift all boats within the real estate market. A local seller’s market can cause price rises across the whole area.
  • Size/Usable Space – Finishing an attic, basem*nt, or building an extension can dramatically enhance the value of a home.
  • Age/Condition – Age alone doesn’t define appreciation, but the condition does. General home improvement can make your home more attractive.
  • Upgrades – Adding new features to your home, especially if they’re in high demand, are another factor that can increase your home value.
  • The Economy – According to the Washington Post, inflation increases home prices. Booming economies do the same, but a recession could cause your appreciation rate to drop.

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How to Find the Value of Your Home

Your home’s value changes all the time. So whether you’re planning for a home resale or not, it’s always good to know where you stand.

Consulting an experienced realtor to value your home is the best way to get an accurate estimate. Ordering a professional appraisal is even better if you want precise dollar figures.

Note that online platforms offering home valuations will only offer a ballpark figure. Typically, these numbers are based on recent sales in your area.

Selling Your House Before 2 Years: Capital Gains Tax, Tax Penalty, and More (2)

What are the Costs of Selling a Home?

Deciding to sell your home means accounting for selling costs. To make a profit, you will need to ensure your home’s value exceeds the original price plus selling costs.

In most cases, you can pay 9-10% of the final agreed-upon price in fees. Here’s what you can expect to pay:

  • Staging/house prep
  • Realtor commissions
  • Inspection fees
  • Repair costs
  • Closing costs, such as escrow, title, transfer, prorated property, and recording fees
  • Seller concessions
  • Moving costs
  • Mortgage payoff
  • Overlap costs

Many sellers are shocked at how high selling fees can be. You may also need to account for the second set of closing costs as a buyer if you’re in the process of purchasing another property.

What Other Options Do I Have Besides Selling?

The average length of home ownership is just eight years, with the median being 13 years, based on the National Association of Realtors numbers. So most people will easily surpass the two-year limit, but if you need to move urgently, what other options do you have?

Rent Your Home

If you’ve yet to build sufficient equity in your home, one option is to rent your home and allow it to appreciate. Of course, there are costs to consider, such as hiring a property management company and extra insurance, but there are also tax breaks.

The viability of renting your home depends on which market you’re in. If you live in or close to a tourist market, renting your home could build equity and provide a secondary stream of income.

Speak to a tax accountant if going down the rental route, as it will impact your taxes.

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Hold Onto Your Home

What happens if you sell house before 2 years in a buyer’s market? In short, you stand to lose thousands due to a lack of appreciation and closing costs.

Holding your home and allowing it to appreciate can be a wise move. But unfortunately, some families keep these homes as vacation homes until they decide to sell further down the line.

Obviously, there will be ongoing maintenance costs to holding a second home, so ensure your income is sufficient to cover these added expenses.

Pursue a Short Sale

Short sales are commonly used as a method to avoid foreclosure. It’s far from an easy way out, but you could be a candidate if you’re behind on your mortgage payments or the market has crashed, and you owe more than the property is currently worth.

Short sales come with additional penalties, including financial and credit score implications. As a result, most real estate experts advise against short sales for anything but as a last resort.

Should You Sell Your Home Before 2 Years?

Nothing prevents you from selling a home six months after buying it. The problem is only the hottest markets, and the most turbulent economic conditions can yield a large profit in two years or less. However, with the capital gains exemption after two years and relatively high selling costs, everything changes at the two-year mark within the real estate business.

Rarely does it make sense to sell a piece of real estate within two years. If you can, remain living in the property until you have two years under your belt. If you absolutely have to relocate immediately, try to keep the property for as long as possible to take advantage of appreciation.

Talk to a real estate expert about some of your options if you find yourself in this scenario.

Connect with an Expert Real Estate Agent with Fast Expert

Now that you know what happens if you sell your house before 2 years, the next step is to consult a professional realtor in your area. Working with the right realtor is worth its weight in gold because they can net you the best price and advise you on the optimal time to sell based on their knowledge of the local market.

Find your realtor with Fast Expert. Connect by entering your zip code and city to get a list of the top real estate agents in your local market, complete with reliable, independent customer reviews now.

Selling Your House Before 2 Years: Capital Gains Tax, Tax Penalty, and More (2024)

FAQs

What happens if you sell a house before 2 years? ›

Capital gains taxes will be paid at the standard rate if you sell before the two-year mark because you won't receive any exemption. To avoid the taxes on a sale of a home, you must use the property as your primary residence for a minimum of two years. Doing so will ensure you avoid any capital gains penalties.

How do I avoid capital gains under 2 years? ›

If you're not an investor, there's no way to avoid capital gains taxes if you sell your home after owning it for less than two years. If you're an investor, however, you can avoid paying capital gains with a 1031 exchange.

What is the 2 year rule for capital gains tax? ›

When does capital gains tax not apply? If you have lived in a home as your primary residence for two out of the five years preceding the home's sale, the IRS lets you exempt $250,000 in profit, or $500,000 if married and filing jointly, from capital gains taxes. The two years do not necessarily need to be consecutive.

What are exceptions to 2 year rule sale of primary residence? ›

You, your spouse, a co-owner of the home, or anyone else for whom the home was their residence died, got divorced or legally separated (or were issued a separate decree to pay support to the other spouse), gave birth to two or more children from the same pregnancy, became eligible for unemployment compensation, or were ...

Do I have to buy another house to avoid capital gains? ›

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

What is a simple trick for avoiding capital gains tax? ›

An easy and impactful way to reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account.

Are there any loopholes for capital gains tax? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

Do I pay taxes to the IRS when I sell my house? ›

If you do not qualify for the exclusion or choose not to take the exclusion, you may owe tax on the gain. Your gain is usually the difference between what you paid for your home and the sale amount. Use Selling Your Home (IRS Publication 523) to: Determine if you have a gain or loss on the sale of your home.

How many years to stay in a house to avoid capital gains tax? ›

The seller must have owned the home and used it as their principal residence for two out of the last five years (up to the date of closing). The two years do not have to be consecutive to qualify. The seller must not have sold a home in the last two years and claimed the capital gains tax exclusion.

Do I have to pay capital gains tax immediately? ›

It is generally paid when your taxes are filed for the given tax year, not immediately upon selling an asset. Working with a financial advisor can help optimize your investment portfolio to minimize capital gains tax.

What is the 3 year capital gain rule? ›

Relevant Holding Period for Sale of a Carried Interest.

If a partner sells its “carried interest” in a partnership, the gain will generally be long-term capital gain only if the partner has held the “carried interest” for more than three years, regardless of how long the partnership has held its assets.

Why can't you sell a house before 2 years? ›

One of the most important is how long you have owned the property. Under the current tax laws, if you sell your house before two years have passed since you bought it, you will be subject to a capital gains tax. The tax penalty for selling your house before 2 years may differ based on your state.

How long do you have to buy another house to avoid capital gains in California? ›

Frequently Asked Questions about Capital Gains Tax

As long as you sell your first investment property and apply your profits to the purchase of a new investment property within 180 days, you can defer taxes.

What is the 2 year main residence exemption? ›

When the exemption applies. An inherited property is exempt from CGT if you dispose of it within 2 years of the deceased's death, and either: the deceased acquired the property before September 1985. at the time of death, the property was the main residence of the deceased and was not being used to produce income.

How long do you have to reinvest money after selling a house? ›

A: You can defer capital gains taxes by using a tax deferred exchange, which means that you reinvest the windfall from the sale into a replacement property. However, you need to act quickly. If you wait more than 180 days to reinvest, you will have to pay taxes on the proceeds.

What is the 2 out of 5 year rule? ›

The 2-Out-of-5-Year Rule Explained

The 2-out-of-five-year rule states that you must have owned and lived in your home for a minimum of two out of the last five years before the sale.

How long are you liable after selling a house in California? ›

Fraud is another area of liability for sellers. If the seller fails to disclose known defects, this is considered fraud – and the statute of limitations in CA is three years. Keep in mind, though, that the clock starts when fraud is discovered – not when the home is sold.

How long are you liable after selling a house in Texas? ›

How long are you liable after selling a house in Texas? In Texas, sellers could face liability for hidden defects not disclosed before the sale for up to four years.

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