Tax Tips for Military Members Selling or Renting a Home (2024)

Tax Tips for Military Members Selling or Renting a Home

Over the years, our family has learned that once we start feeling settled in our current hometown, we can soon expect military orders to land in our laps, saying it's time to move again. Just call it the military way! So, when the powers-that-be at the personnel center shake their “Magic 8 ball” and direct our next move, we then have to ponder the question,

“Should we sell our home or list it as a rental?”

It’s a complicated topic to consider because usually, the best answer isn’t black or white; it’s usually a shade of gray. We’ll discuss multiple angles, like plans for a forever home, the current real estate market, and what property improvements are needed to sell or rent successfully.

We will also talk about taxes. While taxes aren’t usually the first thing we want to consider, they’re essential to the decision-making process. Whether we sell or rent our home, there are tax details to consider.

Tax Tips for Military Members Selling or Renting a Home (1)

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What Military Members Should Know About Taxes When Selling a Home

While considering selling our current home, I contacted a team of tax experts at MacRae Associates. A helpful certified public accountant walked me through an overview of tax-related information.

Here’s what they explained to me:

1) When a person buys a home, they now have a capital asset. After they sell that capital asset, the difference between what it costs (the adjusted basis) and the amount realized from the sale is either a capital gain or a capital loss. A capital gain is selling the asset for more than the adjusted basis, and a capital loss is when it sells for less. Note that you can never take a capital loss on a personal property. It's important to talk to a tax professional regarding your tax plan.

2) When a home seller sits down to do their taxes, they should calculate their capital gain on both a “Sales and other dispositions of capital assets” sheet (Form 8949) and a “Capital gains and losses" sheet (Form 1040, Schedule D).

3) Ifall goes well, a home seller may make a profit when selling their home. According to IRS regulations, there may be an exclusion of up to $250,000 from income gained from the sale of a home. (Or, a $500,000 exclusion on capital gain if filing joint taxes with a spouse).

To qualify for this wondrous tax-free amount, within five years, a home seller must have either used the home for at least two years or owned the home as their primary residence for at least two years.

4) Since we live in the land of “what if” with this military lifestyle, what if we PCS to a new assignment before meeting that “two years of residence” minimum?

Thankfully, there is an exception to that rule. When a military member is serving on qualified official extended duty orders, they may suspend the five-year ownership timeframe and still obtain the exclusion. This suspension of timing extends 10 years, as long as the two-years' qualification is met.

This exclusion on gain is valid as long as the military member meets the following criteria:

  • On qualified official extended duty for more than 90 days (or for an indefinite period)
  • At a duty station that is at least 50 miles from the main residence
  • Or, residing under government orders in government housing

Tax Tips for Military Members Selling or Renting a Home (2)

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What Military Members Should Know About Taxes and Renting a Home

Each new place our family was stationed was a considerable distance from the previous assignment, so for peace of mind, we prefer to hire a property manager to:

  • Find a tenant
  • Collect rent
  • Maintain positive communication with the tenant and with us
  • Tend to the needs of the home
  • Direct legal action if eviction is necessary

If you're a military homeowner and new to working with a property manager, browse helpful property management resource articles and blog posts on MilitaryByOwner.

Here's a nice surprise—guess what is tax deductible with a rental? Anything related to keeping a residential rental property up and running is considered a tax-deductible expense, such as:

  • Cleaning and maintenance
  • Property taxes
  • Property management fees
  • Property insurance
  • Travel to check on the property
  • HOA fees
  • Legal fees
  • Insurance claim deductibles
  • Utilities that you cover
  • Expenses that exceed what is earned in rent
  • Even depreciation of the property over the course of its useful life

Consider tracking your expenses for taxes as a crucial task, akin to completing important homework. By diligently keeping records of receipts and statements, you not only have the opportunity to save money on your taxes but also position yourself for success. This proactive organization automatically earns you a place on the Honor Roll of tax-savvy individuals!

Now, you probably know that if you sell your home, you can deduct the mortgage interest paid up to the date of the sale. But, can you deduct that mortgage interest if you choose to rent it out? The good folks at MacRae Associates referred me to the IRS documents because there are specific qualifications for deductions.

They also recommend that, if you own a rental property, you seek out the services of a tax professional because calculating gain can get complicated.

If you're a member of the uniformed services and receive a housing allowance that isn't taxable, you may deduct the home mortgage interest. If you rent the home as a residential rental property, it is considered an income-generating property and listed as a business. You may deduct the interest portion of the property mortgage payment but not the amount paid toward the principal balance.

This is a lot of tax info to digest! Now you know why we have lengthy discussions about selling or renting our home each time PCS orders arrive. It’s also easy to see how every situation is unique, and it might be challenging to make the right decision without professional help. Tax pros can help you weigh the many facets of selling your current home or renting it out.

Whether you're handed short-notice orders or a regular assignment, turn to MilitaryByOwner to help ease the buying, selling, and renting transition.

Tax Tips for Military Members Selling or Renting a Home (3)

Tax Tips for Military Members Selling or Renting a Home (4)

Tax Tips for Military Members Selling or Renting a Home (2024)

FAQs

Does the military pay taxes when selling a house? ›

But even if it all works out that smoothly, there are some facts you should know about taxes when it comes to selling your home as a military member. Let's start with the big question: Is the money you profit from your home sale taxable? The short answer is yes.

How to avoid capital gains tax in the military? ›

The period of military service is excluded when determining the five-year period for the ownership and use tests to claim the capital gains exclusion. This allows military families to qualify for the exclusion, even if they were away from their home due to service.

What is the 2 of 5 year rule for military? ›

For military members: Suspension of time allows for the “2 of 5” year rule to be suspended if a PCS move was ordered for more than 50 miles away from the house. This suspension is in effect for no more than ten years and has a look-back period of 15 years.

At what point does the IRS consider a residence is rented? ›

Rental property / Personal use

You're considered to use a dwelling unit as a residence if you use it for personal purposes during the tax year for a number of days that's more than the greater of: 14 days, or. 10% of the total days you rent it to others at a fair rental price.

How much is military leave taxed when sold? ›

Leave Sell

You are limited to selling 60 days in a career. The daily rate is determined by dividing your Base Pay by 30 days. Leave sell is taxed at 25% for federal tax.

Which of the following is military income excludable from taxation? ›

Military pay earned while hospitalized due to wounds, disease, or injury incurred in the combat zone can also be excluded. Commissioned officers (including limited duty officers) may exclude pay according to the rules for enlisted members.

Can the military avoid capital gains tax on home sales? ›

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. There are special limitations for situations in which a homeowner moves back into a previous rental property.

What is the military exclusion for sale of home? ›

That basically means that a military seller can get the tax exemption from the first $250k or $500k if married if they lived in the home for two of the last 15 years at the very latest (the amount of the original five year period plus 10 additional years maximum).

Where should I put money to avoid capital gains tax? ›

Investing in retirement accounts eliminates capital gains taxes on your portfolio. You can buy and sell stocks, bonds and other assets without triggering capital gains taxes. Withdrawals from Traditional IRA, 401(k) and similar accounts may lead to ordinary income taxes.

What is the 8 year rule in the military? ›

By law, a Soldier with over eight years of active Federal Service is eligible for disability compensation even if the condition is Exist Prior to Service ("EPTS"). The eight years of active service do not have to be continuous; however, you must be on active-duty orders of more than 30 days for this rule to apply.

What is the 180 day rule military? ›

Generally, Service members may be appointed to a DoD civilian position during the period of 180 days immediately after their retirement only if approval is granted under 5 U.S.C. § 3326.

What is the 10 year rule for the military? ›

Under the Uniformed Services Former Spouses' Protection Act (USFSPA), the 10/10 rule governs the method of payment. At least ten years of marriage overlapping at least ten years of military service is needed for direct payment from the retired pay center, usually the Defense Finance and Accounting Service (DFAS).

How does IRS catch unreported rental income? ›

Ways the IRS can find out about rental income include routing tax audits, real estate paperwork and public records, and information from a whistleblower. Investors who don't report rental income may be subject to accuracy-related penalties, civil fraud penalties, and possible criminal charges.

How many days is fair rental vs personal use? ›

Fair Rental Days

The IRS uses these values to determine whether or not the property was used as a home, and subsequently whether or not your expenses are tax deductible. Generally, the property is considered a home if your personal use is in excess of 14 days, or 10% of the total days rented to others at fair price.

What expenses can you deduct from rental income? ›

These expenses may include mortgage interest, property tax, operating expenses, depreciation, and repairs. You can deduct the ordinary and necessary expenses for managing, conserving and maintaining your rental property. Ordinary expenses are those that are common and generally accepted in the business.

Do active-duty military have to pay capital gains tax? ›

Active-duty military members have up to 10 years to sell the property, subject to certain restrictions. This means that active-duty military members may be able to exclude capital gains if they have occupied the house for 24 months out of the last 15 years.

Can I sell real estate while in the military? ›

You absolutely CAN be a military real estate agent and crush real estate sales as a side gig. Maybe you want to trade referrals or use your license to invest in real estate.

Is the US military exempt from sales tax? ›

Tax applies to sales to persons in the armed services of the United States, notwithstanding the circ*mstance that the merchandise may be billed through any army or air force exchange service, navy exchange, coast guard exchange, or similar organization.

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