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The Global Insight

How many years do you have to live in a house to avoid capital gains tax?

Author

Sarah Garza

Updated on March 08, 2026

2 years
You need to live in your home for at least 2 years out of the last 5 years to qualify it as a primary residence. The 2 years that you live in your home don’t need to be consecutive. You also don’t need to own your home for at least 5 years in order to claim an exemption from the capital gains tax.

Are primary residence exemption from capital gains tax?

You can sell your primary residence and be exempt from capital gains taxes on the first $250,000 if you are single and $500,000 if married filing jointly. This exemption is only allowable once every two years.

Is the family home subject to capital gains tax?

Generally, you don’t pay capital gains tax (CGT) if you sell the home you live in (under the main residence exemption). You also can’t claim income tax deductions for costs associated with buying or selling your home.

Does capital gains exclusion apply to duplex?

Residential Duplex Capital Gain Taxes Your first $250,000 of gain, or $500,000 if you are married and file a joint return, is excluded from taxes if you lived in the duplex for at least two of the five years prior to the sale.

Can I avoid capital gains if I buy another house?

If you purchase a second home, and you start using it as your primary residence, you’ll need to meet the residency rule still to qualify for the exemption. So, if your second home meets the 2 out of 5-year rule, then the amount of capital gains tax exclusion changes.

What was the capital gains tax rate in 2012?

Rate and payment of Capital Gains Tax. The standard rate of Capital Gains Tax is 33% for disposals made on or after 5 December 2012. A rate of 40% however, can apply to the disposal of certain foreign life assurance policies and units in offshore funds.

Do you have to pay capital gains on your sister’s house?

As for your capital gains question: It’s actually your sister who will need to pay capital gains, not you. I know. Curveball, right? Let me explain why. Your sister already owns and lives in her primary residence, so her half of the cottage is actually considered a secondary residence.

Do you have to pay tax on capital gains on a second home?

For short-term properties, you’ll pay the same tax rate as you would for your ordinary income. Long-term capital gains tax: If you’ve owned your second home for more than a year, you’ll pay a long-term capital gains tax between 0% and 20%, depending on your earnings.

How are capital gains taxed on inherited assets?

Capital Gains Tax. A high tax basis is good. That’s because when someone sells an inherited asset, long-term capital gains tax will be due on the difference between the sales price and the tax basis. The higher the basis, the smaller the difference between it and the sales price. For example, take that house, inherited by a son from his mother,…