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Capital Gains Tax When You Sell Your Home: The 2026 Rules

Updated 8 min readProperty-tax.info

The Exclusion That Covers Most Sellers

When you sell your main home at a profit, you can exclude up to $250,000 of gain if you're single, or $500,000 if you're married filing jointly. Anything above that is taxed as a long-term capital gain; anything below it is simply not taxed at all.

For most homeowners, that's the entire story — the exclusion swallows the whole gain and there's nothing to report. It's worth understanding the tests anyway, because the exceptions are where the money is.

The Two-Year Tests

To claim the full exclusion you must pass three checks:

  • Ownership: you owned the home for at least 24 of the 60 months before the sale.
  • Use: you lived in it as your principal residence for at least 24 of those same 60 months. The months don't have to be consecutive, and the ownership and use periods don't have to overlap.
  • Frequency: you haven't used the exclusion on another home sale in the two years before this one.

For married couples filing jointly, only one spouse needs to meet the ownership test, but both must meet the use test to get the full $500,000.

Partial Exclusions: The Underused Escape Hatch

Sell before hitting two years and most people assume they've lost everything. Not necessarily. If the sale was driven by a change in workplace, health reasons, or an unforeseen circumstance, you can claim a prorated share of the exclusion based on how much of the two years you did complete.

Example: a single seller who lived in the home 12 months before relocating for a job gets half of the two-year period, so half of $250,000 — a $125,000 exclusion. That's usually more than enough to wipe out the gain on a home held one year.

"Unforeseen circumstances" is broader than people expect: divorce, a death in the family, multiple births from a single pregnancy, a natural disaster, or an involuntary conversion can all qualify.

The Age-55 Rule Is Dead (and Has Been Since 1997)

You'll still find retirement blogs describing a "once in a lifetime" exclusion for sellers over 55. That rule was repealed by the Taxpayer Relief Act of 1997 and replaced by the exclusion described above, which has no age requirement at all and can be used repeatedly, once every two years.

The change was a big improvement for most people. But note what it means for long-tenured owners: the $250,000 and $500,000 figures have never been indexed for inflation since 1997. In markets that have appreciated for decades, more and more sellers — often retirees who bought cheaply in the 1980s or 1990s — are now exceeding them.

If the Home Was Ever a Rental

This is where sellers get an unpleasant surprise. Any depreciation you claimed (or could have claimed) while renting the property out after May 1997 cannot be excluded. It comes back as "unrecaptured Section 1250 gain," taxed at a rate of up to 25%, separate from and on top of the normal treatment of the rest of your gain.

The trap is that this applies even if the property is now unambiguously your home and you easily pass both two-year tests. The exclusion protects the appreciation; it does not protect the depreciation you already deducted. If you've ever rented out a property you're now selling, this is the number to have a tax professional calculate before you sign anything.

What You Pay on Gain Above the Exclusion

Gain that exceeds the exclusion is taxed at long-term capital gains rates, provided you owned the home more than a year. For 2026:

RateSingleMarried filing jointly
0%Taxable income up to $49,450Up to $98,900
15%Up to $545,500Up to $613,700
20%Above $545,500Above $613,700

That 0% bracket is genuinely useful for retirees. A couple with modest taxable income can realize a significant gain and pay nothing federally on it — the foundation of gain harvesting strategies covered in our guide to senior tax breaks.

Reduce the Gain Before You Calculate It

Your gain is the sale price minus selling costs minus your adjusted basis — and most people understate their basis, which overstates their gain. Basis includes what you paid plus capital improvements over the years: a new roof, an addition, a renovated kitchen, landscaping, a replaced HVAC system. Routine repairs don't count, but improvements do, and they add up over decades.

Keep receipts. For an owner nearing the exclusion limit, a well-documented history of improvements can be the difference between owing tax and not.

Inherited Homes Get a Fresh Start

If you inherited the property, your basis is generally reset to its market value on the date of death, not what the deceased originally paid. Decades of appreciation can disappear from the tax calculation entirely. Sell soon after inheriting and the taxable gain is often close to zero.

This step-up is the single strongest argument against parents deeding a home to their children during life — see quitclaim vs. transfer on death deed — and the reason the timing of a transfer matters so much.

Bottom Line

Most sellers owe nothing: the exclusion is $250,000 single or $500,000 joint, you need two of the last five years of ownership and residence, and there is no age rule. Watch three things — a sale before two years (you may still get a partial exclusion), any past rental use (depreciation recapture at up to 25%), and a long-held home in an expensive market, where the unindexed limits increasingly bite. Document every improvement you've ever made, and get professional advice if the gain is anywhere near the limit.

General information, not tax advice. Consult a CPA or tax professional about your specific situation.

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Property-tax.info Editorial Team

Published September 1, 2026 · Last updated September 1, 2026

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