Housing law changes key capital gains rule

A little-publicized section of a 2008 federal law intended to help homeowners could reduce the amount of capital gains, or profit, that home sellers may exclude from taxation.

Under the previous law, a homeowner could exclude up to $250,000 in capital gains ($500,000 for a couple) from the sale of his principal residence if he had lived there for at least two of the past five years. The period of occupancy didn't have to be successive. It just had to meet the test of two of the past five years.

For example, if the homeowner paid $500,000 for the house, owned it for five years but lived in it for only two years and sold it for $750,000, he would walk away with a tax-free $250,000 gain - cash in his pocket. (For the sake of simplicity, this example doesn't include adjustments that reduce the amount of capital gains.)

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