I talked to the people who had the B& B north of me today. He said IF you close the business and live in it as your primary residence for 2 years the depreciation goes away. There will be NO tax implications. They have done it twice - with the B & B and then they had an antique shop in their next house..
Here is the link to the current IRS conditions.
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As I read the IRS citation, there are two issues:
1) Can you use the $500,000 exclusion on your home sale to reduce your taxable profit?
2) What about depreciation you took for the portion of the residence used as a business before the sale?
For #1, you have to have eliminated the business use - must be exclusively residential - for at least 2 out of the last 5 years to get the full $500K exclusion. If not, you will have to do two worksheets and only get a pro rata portion of the exclusion on your home sale.
For #2, you must deduct from the basis any depreciation you took regardless of the 2 years non-business use, you
never get to put depreciation back in as basis once you took it.
See worksheet item
5. Determine your “basis adjustments” (any payments, credits, or benefits you may need to deduct from your basis).
"b Any depreciation you took — or didn't take but could have taken — for any business or investment (rental) use of your home"
The basis deduction for depreciation will affect your profit, but it will only be a problem - increase your taxes - if it pushes your profit above the $500K exclusion.
Disclaimer, I am not a tax expert, but I am good at cooking eggs.
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