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Can I get a capital gains exemption for selling a principal residence even if I'm not a US citizen or permanent resident?

August 15, 2005


From:  Jack
Date:  Tue, 19 Jul 2005

I bought my house in January, 2004. I have to sell it because I have to re-locate to Taiwan for job reasons. I assume I can apply for a partial $250,000 exclusion. Is that true? I am not a U.S. citizen nor a permanent resident.

I need someone to write a letter to help me avoid California tax withholding for the sale. Who should I turn to, a CPA or an attorney?

Best regards,

Jack

Answer

Date:  Mon, 08 Aug 2005

Although you don't have the legal immigration status as a permanent resident, it appears to me you may be taxable as a resident. I suggest that you consult with a CPA who is familiar with the taxation of aliens in the U.S.

I am not aware of any restriction where nonresident aliens aren't eligible for the exclusion from the sale of a principal residence.

Either a CPA or tax attorney can write the letter that you need.

Good luck!
Mike Gray

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IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained on this website was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

Can I get a capital gains exemption for selling a principal residence even if I'm not a US citizen or permanent resident?

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