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The Global Insight

Are capital gains on a residence taxable?

Author

John Hall

Updated on March 10, 2026

The U.S. does have a principal residence capital gains tax (albeit with a sizable US$500,000 exemption), but also allows for the deduction of mortgage interest payments and property taxes from taxable income.

How is residency determined for capital gains tax?

Capital gains tax on a primary residence You need to have owned the home for at least two out of the previous five years. You need to have lived in the home as your primary residence for at least two of the previous five years.

How do I prove I live on a house to avoid capital gains tax?

Live In The House You need to have lived in the home for at least 2 out of the last 5 years before you try to sell your home. If you are a married couple filing joint taxes, then both of you must meet the residency requirement to qualify for the exclusion.

What is the 9 month presumption of residence rule?

Presumption of residence—nine month rule. An individual who spends, in the aggregate, more than nine months of any taxable year in California is presumed to be a California resident. An individual who spends nine months or more outside of California, however, is not presumed to be a nonresident.

Do you have to pay capital gains tax on primary residence?

The answer? The capital gain on the sale needs to be apportioned between primary residence use and non-primary residence use. The R 2 million primary residence exclusion is applied to the portion of the gain, which relates to the primary residence use only. This means that you will need to pay capital gains tax on the remaining portion of the gain.

How are capital gains taxed when you sell a property?

The sale of shares or investments attract Capital Gains Tax in the same way as the sale of a property. You would add up the amount received for the shares sold (Proceeds) and take off the amount paid for the shares when you bought them (Base Cost).

Is there a two year capital gains tax exemption?

The deceased’s estate has obviously lost the benefit of the standard two-year exemption from capital gains tax of the deceased principal place of residence and cannot point to any specific term of the Will authorising the ongoing occupation of the residence by one of the beneficiaries. My questions are: 1.

Do you have to report capital gain on sale of home?

To determine the amount of the gain you may exclude from income or for additional information on the tax rules that apply when you sell your home, refer to Publication 523. You must report on your return as taxable income any capital gain that you can’t exclude.