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The Global Insight

What qualifies for a capital gains exemption?

Author

Christopher Davis

Updated on March 12, 2026

You can only deduct capital gains on your primary residence. You must have lived in your home for at least 2 years out of the last 5 years before you sell it to qualify for an exemption. The years you’ve lived in the home don’t have to be consecutive. You’ve owned your home for at least 2 years.

What is a partial exclusion of capital gains?

Taxpayers that sell a principal residence less than two years after excluding gain from another sale of a principal residence may qualify for a partial exclusion of gain if the sale is due to a change in place of employment, health, or, to the extent provided in regulations, unforeseen circumstances.

Is military exempt from capital gains tax?

There are two rules that may help military families exclude capital gains from taxation. The first rule applies to all taxpayers. This means that eligible military members may exclude their capital gains as long as they occupied the primary residence for two of the previous 15 years.

What happens if you claim a capital gain exemption?

Making a mistake, like accidentally claiming an exemption in good faith, will result in the need to amend the tax return and pay the tax. A capital gain exemption is an exclusion from the rules that normally apply to realization of capital gains for tax purposes.

Can a capital gain be claimed under Section 54?

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of a capital asset, being long-term residential house property. In this case, the capital asset is gold, i.e., other than residential house and, hence, the benefit of section 54 is not available.

When do long term capital gains become taxable?

If the new property is sold within a period of three years, the exemption claimed with respect to the old property shall be revoked and the capital gains will become taxable.

What is capital gain arising on sale of house?

Capital gain arising on sale of house amounted to Rs. 1,00,000. Can he claim benefit of section 54 by purchasing/constructing another residential house from the capital gain of Rs. 1,00,000? Exemption under section 54 can be claimed in respect of capital gains arising on transfer of capital asset, being long-term residential house property.