The 6-year rule generally refers to the Exclusion of Gain from Sale of a Principal Residence (Section 121 of the IRS code), applied to U.S. citizens who move abroad. Here’s how it works:
The 6-Year Rule Explained
- Normally, when you sell your primary residence, you can exclude up to $250,000 (single) or $500,000 (married filing jointly) of capital gains from your U.S. taxes.
- To qualify, you must have lived in the home for at least 2 of the last 5 years before the sale.
- If you temporarily move abroad, you may suspend the 5-year test and use the “6-year rule.”
Key Points:
- If you move abroad, you can exclude gain from the sale of your U.S. home even if it’s been more than 5 years since you last lived there, as long as:
- You previously lived in it as your principal residence for at least 2 years.
- You have not excluded gain from another home in the last 2 years.
- The suspension period cannot exceed 6 years for the home to still qualify for the exclusion.
- This essentially “freezes” the 5-year requirement clock for up to 6 years while you’re abroad.
Example
- You live in your home in the U.S. for 2 years, then move abroad for a job.
- 4 years later, you sell the home. Normally, you wouldn’t meet the 2-of-5-year rule.
- But under the 6-year rule, you can still exclude your capital gains because the time abroad is “suspended.”
⚠️ Important Notes
- This applies to U.S. tax law, not foreign countries.
- If the property is overseas, you still need to report it to the IRS and may owe taxes depending on foreign tax credits or local laws.
- This rule is for principal residences, not investment properties or rental homes abroad.
Related
Do US citizens living abroad pay taxes twice?
How can I avoid capital gains tax on foreign property in the USA?