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My husband and I built a new house on a dirt road in Alabama. We sold it less than two years later because the bumpy dirt road was too much for my husband’s broken back . He sees a neurologist to manage his back pain. We then built a new home on a paved road in Alabama, just a few miles away from the first house. Can I claim moving for medical reasons to avoid the 20% capital gains tax?
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Answers
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Health-related moves are an exception to the ownership requirement. To meet that exception, the following must be true:
- You moved to obtain, provide, or facilitate diagnosis, cure, mitigation, or treatment of disease, illness, or injury for yourself or a family member.
- You moved to obtain or provide medical or personal care for a family member suffering from a disease, illness, or injury. A family member includes your:
- Parent, grandparent, stepmother, stepfather;
- Child (including adopted child, eligible foster child, and stepchild), grandchild;
- Brother, sister, stepbrother, stepsister, half brother, half sister;
- Mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law;
- Uncle, aunt, nephew, or niece.
- A doctor recommended a change in residence for you because you were experiencing a health problem.
- The above is true of your spouse, a co-owner of the home, or anyone else for whom the home was his or her residence.
