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Tax Considerations >Your Tax Free Profits
Significant tax reform legislation was signed into law with the Taxpayer Relief Act of 1997. This legislation replaced both the one-time $125,000 tax-free exclusion for homeowners aged 55 and older, and the "rollover" deferment of capital gains tax requiring the purchase of a replacement home of higher or equal cost within two years of the sale of your principal residence.
With this change, a married couple filing their taxes jointly pays capital gains taxes only on that portion of home sales profits that exceeds $500,000. Single taxpayers, heads of households, and married persons filing separately may exclude up to $250,000. The exclusion is available for all sales of homes that occurred on or after May 6, 1997. Homeowners can use this tax-free provision every two years.
You are allowed to keep these tax-free profits only if you have owned and used the home as your principal residence for two out of the five years prior to the sale of the property. Although the regulations do not require continuous occupancy, the IRS specifies that your principal residence must be the home you use for the majority of time during the year. Consult your tax advisor about your personal circumstance.
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What is encroachment, and how might it affect a property owner?
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Encroachment, refers to the unauthorized intrusion of a building or improvement onto another person's property; it often requires a surveyor's report to support the claim. |
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Peg Maloney RE/MAX Real Estate Group 9805 Giles Rd Omaha Ne 68128 402-598-3965 800-248-6647 402-594-2000 Fax: 402-593-0454 peg@maloney.com
Licensed to sell real estate since 1982, Peg has been selling the entire Omaha metro area, including Papillion, Millard, Bellevue, Ralston, and Offutt Air Force Base. With a proven track record, and references from many satisfied buyers and sellers, Peg gives extraordinary service to families coming to or leaving Omaha. She has become a Certified Residential Specialist, a Certified Relocation Specialist, an Accredited Buyer Representative, and a Seniors Real Estate Specialist. You'll enjoy the process of buying or selling because Peg makes it so easy and fun! 
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