Can a rental property be sold as a primary residence?
Robert Miller
Updated on March 14, 2026
Taxpayers used to be able to trade into a rental, rent the home for a while, move into it and then exclude all or some of the gain under Section 121. Provided they lived in the home as their primary residence for at least two years, they could sell it and exclude the gain under Section 121 up to the maximum level of $250,000/$500,000.
What do I need to make my home my primary property?
For your home to qualify as your primary property, here are some of the requirements: You must live there most of the year. It must be a convenient distance from your place of employment. You need documentation to prove your residence. You can use your voter registration, tax return, etc.
Can a secondary home be converted to a primary home?
How To Convert A Property To Your Primary Residence. You may assume that to change your primary residence, you can simply move into your investment property or secondary home and call it a day, but that’s not the case. With the tax advantages that primary properties offer, the IRS wants to make sure to get a cut.
When do you claim one property as your primary home?
You can classify one property as your primary residence. If you’re married, you and your spouse must claim the same property as your primary home. In addition, once you’ve bought the property, you must occupy it within 60 days following closing.
How is the sale of a primary residence treated?
For tax purposes, the sale of a primary residence is treated quite differently than the sale of a second home or a mixed-use home (a home used personally for part of the year and rented out for part of the year).
When does a rental home become a principal residence?
Answer: Prior to 2008 an owner of a rental home could move into that rental home as a principal residence for two years, and, upon the sale of the home after two years of residence, the entire capital gain on the sale for up to $500,000 for a married couple ($250,000 for a single person) would be exempt from income tax.
When to convert investment property to primary residence?
In recent years Congress amended Section 121 in order to limit the benefits of Section 121 when the property has also been used as a rental. First, if you acquire property in a 1031 exchange and then convert it to your primary residence, you must own it at least five years before being eligible for the Section 121 exclusion.
How to convert a rental property to your personal residence?
Example: Jane buys a home on January 1, 2009 for $400,000, and uses it as rental property for two years. On January 1, 2011, she evicts her tenants and moves into the house, thereby converting it to her principal residence. On January 1, 2013, she moves out and rents it again. She then sells the property for $700,000 on January 1, 2014.