The Minnesota Real Estate Show Blog



Tuesday, August 02, 2016

Taxpayers qualifies for Home Sale Exclusion due to increased family size


Private Letter Ruling 201628002

 

Tax Law Background

 

A taxpayer can exclude up to $250,000 of gain ($500,000 for married taxpayers filing jointly) from the sale or exchange of a home owned and used by him/her as a principal residence for at least two of the five years before the sale.The full $250,000/$500,000 exclusion does not apply if, within the 2-year period ending on the sale date, there was another home sale by the taxpayer to which the exclusion applied, but the taxpayer may still be eligible for a reduced maximum exclusion when his/her failure to satisfy the ownership and use requirements is primarily due to the occurrence of unforeseen circumstances

 

Situation

 

Facts: Taxpayers were married and had a daughter when they first purchased their residence. Their residence is a condominium with two small bedrooms and two baths. The child's bedroom also served as the Husband's home office as well as a guest room. After the purchase of their residence, the Wife became pregnant and gave birth to a son. The taxpayers moved out of within the 2 year exclusion period and purchased a new residence.

The taxpayers requested a ruling that the gain on the sale of their residence may be excluded under the reduced maximum exclusion.

 

Decision

 

The Private letter Ruling concluded that the occurrence of unforeseen circumstances was the primary reason for the sale and that the suitability of their residence materially changed. Accordingly, the gain on the sale of residence can be excluded under the reduced maximum exclusion of gain.

 

Conclusion

 

Note that a Private Letter Ruling applies specifically to that taxpayer’s situation. It does not establish a safe harbor for all taxpayers. It does however; give taxpayers in similar situations the opportunity to request their own Private Letter Ruling to determine if they can qualify for the reduced principal residence exclusion under the unforeseen circumstances test.

 

Greg Nelson, CPA, MBT; Ryan Kelly, CPA, MBT; Mark Angell, CPA, MBT

Olsen Thielen CPAs

www.otcpas.com

August 2, 2017


Greg Nelson





Saturday, March 05, 2016

Certificate of Rent Paid - Minnesota


Certificates of Rent Paid (CRP)- What is my obligation as a landlord?

Minnesota Department of Revenue has recently issued a bulletin (3/4/16) concerning the CRPs.

Certificates of Rent Paid (CRP)

All rental property owners, managers, or operators must provide a Certificate of Rent Paid (CRP) to each person who rented from them during the previous year unless they are qualify for the specific exemptions.

CRPs are due January 31

What if my tenant didn't receive a CRP or received an incorrect CRP?

If a landlord refuses to issue a CRP, or fix an incorrect CRP, the tenant may request a Rent Paid Affidavit (RPA) from us. To request an RPA, call the MN Department of Revenue at 651-296-3781 or 1-800-657-9094 (toll-free).  The tenant will need to provide information about themselves and their landlord when requesting an RPA

For more explanation and guidance here is the link: http://www.revenue.state.mn.us/individuals/prop_tax_refund/

 

Greg Nelson, CPA, MBT and Mark Angell, CPA, MBT

Olsen Thielen CPAs

www.otcpas.com

March 5, 2016



Greg Nelson - Olsen Theilen CPAs





Saturday, March 05, 2016

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