turning homes into investment vehicles and giving investors the opprotunity to "flip" houses every two years started the house buying frenzy. It didn't get into full swing though for a few more years.
http://www.austinhomeloan.com/articles/cap_gains.htmlReal Estate Capital Gains
Tax Law Change Highlights
by Verne F. Moser, CPA
August 1997
In a widely heralded spirit of bipartisan compromising, the Taxpayer Relief Act of 1997 was passed by Congress and has just been signed into law by President Clinton. While there is much debate about who of the taxpaying public will enjoy the most from the tax reduction provisions, one that can affect a cross-section of the American taxpayers is the reduction in the tax on the gain to be realized on the sale of real estate. For most of us, this is the home we have been buying for most of our working lives. The changes to the capital gains portion of the new law should be of eventual benefit to every homeowner when they ultimately sell without being able to defer the gain. A summary of the capital gains provisions below should be good news to us all:
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Exclusions: The previous "over 55 one-time exclusion of gain" rules were repealed by the 1997 tax act. A new exclusion of $500,000 for married filing jointly or $250,000 for individual filers is now in effect. This exclusion is available every two years. To qualify for this new exclusion, the home must be used as a principal residence in two of the five preceding years prior to the date of sale. For couples claiming the $500,000, either taxpayer can own the property but both must meet the use test. A taxpayer that has had a previous excluded sale within the two year period that would normally preclude the use of the exclusion may still qualify for partial exclusion if the most recent sale was due to a change in place of employment, health or unforeseen circumstances ( all of which will be clarified in future regulations). Also, taxpayers who previously used the former "one-time exclusion" are eligible for the new exclusion rules.
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http://www.fool.com/taxes/2000/taxes000428.htmMaking Home Sale Capital Gains Disappear
By Roy Lewis
I've always been enthralled with magic. Sleight of hand... illusion... call it what you will. But when these artists step on stage and make a dove, a rabbit, or even the Statue of Liberty disappear, I'm just completely amazed and astounded. I've always wanted to be able to do something like that myself. And now I can. And you can too.
With the right knowledge, information, and patience, you can make the taxable gain from the sale of a rental property or a vacation home completely disappear -- stick the gain in your pocket and thumb your nose at Uncle Sammy. Poof... gone.
How? Simply convert the property to a primary residence, use it as such for the appropriate period of time, and then sell it for a tax-free gain. Simple as that. Well, it's a bit more complicated, but you can read more about the rules for tax-free treatment on the gain of a principal residence in my series of articles entitled Home Sale Exclusions in the Taxes FAQ area. You'll also want to read more about the rules regarding the home sale gain exclusion in IRS Publication 523 to make sure that you've got all your bases covered. If done correctly, there are some large tax-saving opportunities out there.
How It Works
The key to the entire plan is that you are allowed to sell a principal residence once every two years and exclude up to $250,000 ($500,000 for a married couple) of the gain on the sale. Many of you may be under the mistaken impression that the home sale exclusion is still only "once in a lifetime," or only available to those of a certain age (such as the elderly), or only available if you buy a more expensive home. Those were the old rules, and they no longer apply. If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale (up to the $250,000 or $500,000 limits mentioned earlier). So, to get the maximum bang for your buck, you'll want to understand the rules and have the patience to wait out the two-year residence period. For those of you with substantially appreciated real estate in the form of investment properties or second homes, the tax savings could be worth the wait. Let's look at a few examples.