Capital gain tax when selling a house with ownership 50/50 with my brother

Asked over 1 year ago - New York, NY

I have a house and I have lived for 3 years. The house is owned with my brother who has 50% ownership. He lives somewhere else. I paid all mortgage payments and taxes by myself. If I sell the house, does my brother need to pay tax on capital gain? The house increased its value. I know I don't have to pay tax on my capital gain since I have been living in this house as my primary house. How about my brother's capital gain tax?

Additional information

Can I say to IRS that since I have been paying all mortgage payments and taxes, I should keep the capital gain and pay no tax up to $250,000 if my brother agrees with it?

Attorney answers (2)

  1. Henry Daniel Lively

    Contributor Level 20


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . You and your brother will have to determine your tax basis in the property. The tax basis, selling expenses and closing costs are then deducted from the sales price to determine the taxable gain, if any. You will be able to exclude $250,000 as your primary residence and your brother will be able to exclude nothing on his portion of the gain. This can be a complex calculation and you should have a local tax attorney or CPA review the transaction and make the calculations for you.

    H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization dlively@... more
  2. Louis Theodore Wierenga

    Contributor Level 10


    Lawyers agree

    Answered . There are a few items to consider in this transaction. How and when the property was acquired by the parties? What the basis is in the property? Have there been any improvements, repairs? Who pays the other expenses? Who has been reporting the mortgage and r/e taxes on their return each year. etc.? In addition, once the property is sold the sales price will play a role. Consulting a tax lawyer before selling the house may prove to be beneficial.

    Louis T. Wierenga Assisting in mitigating your business and tax risks. E more

Related Topics

Real estate

The term real estate means land and items permanently attached to it, like buildings. This area of law deals with who has the right to own and use these items.

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