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,



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

We have more answers to frequently asked real estate tax questions! We also offer up-to-date information about new tax real estate tax developments in Michael Gray, CPA's Real Estate Tax Letter.

Michael Gray, CPA
2482 Wooding Ct.
San Jose, CA 95128
(408) 918-3162
FAX: (408) 938-0610
Hours: 8am - 5pm PDT Monday - Friday

Find us on Facebook
Follow me on Twitter
Connect on LinkedIn
Connect on Google+
Our Blog
© 2018

Subscribe to
Michael Gray, CPA's
Real Estate Tax Letter!

We respect your email privacy

We respect your email privacy!