The current tax law provides a valuable exclusion for homeowners on the sale of their primary residence (subject to a host of requirements to qualify for the exclusion). Individuals who do qualify can exclude up to $250,000 of gain, while married couples filing jointly can exclude $500,000.
A second, albeit somewhat sarcastic, question: remember when $500,000 used to mean something? I ask that because the law, as it exists today, is overdue for a reality check.
Let’s rewind to 1997. Bill Clinton was in office, Titanic and Jurassic Park ruled the box office, AOL was how we logged onto the internet, and Congress passed a shiny new tax law that felt generous—at the time. The law included the current exclusion amounts mentioned above.
The intent was two-fold:
First, the prior law provided a rollover of your basis from one primary residence to another, which allowed taxpayers to avoid any capital gains tax whatsoever until they stopped rolling their gain into a new primary residence. It was administratively impractical for homeowners to keep track of and hold onto records relating to capital improvements—especially with one or more rollovers—so the new exemptions were meant to alleviate that burden by simply covering most scenarios.
Second, most homeowners weren’t raking in massive profits on their home sales (certainly not more than $500,000!), and this exclusion meant they could sell without handing over a chunk of their retirement to the government.
Fast forward nearly three decades, and the market has moved drastically—but the law hasn’t. In New York, we experienced incredible increases in value leading up to the credit crisis in 2008 and then again in the next super-hot cycle that ended in 2016. Post-COVID, other parts of the U.S. have experienced massive housing inflation. The median sale price of a home in the U.S. in 2000 was $119,600—and today it is $416,900, a nearly 250% increase!
Here’s the hitch (or glitch): the exclusion hasn’t been indexed for inflation like many tax laws, including the federal estate tax exemption. $500,000 in 1997 dollars would be equivalent to around $1,000,000 today. So that “tax relief” that used to cover nearly all capital gains for most homeowners? It now covers far less—and it’s shrinking every year because of inflation.
The result: homeowners who followed the rules, lived in their property, and built wealth the traditional way—over time—are finding themselves stuck with capital gains tax bills they never anticipated. It's especially painful in markets like ours, where long-term appreciation is the norm, not the exception.
A second result, which is directly contributing to the housing shortage in our country, is that some senior homeowners are not moving because the tax “penalty” is just too large, making it economically unfeasible to sell and move (and use their well-earned equity to live comfortably). Is a widowed retiree making a $500,000 profit on the sale of their long-term home to fund their final years considered “rich”? Some would say so.
There’s growing chatter in Washington about adjusting the law. The More Homes on the Market Act, a bipartisan proposal, would increase the exclusion to $500,000 for individuals and $1 million for couples. It would also finally index the exemption for inflation, which would be a game changer in cities like New York. While nothing has passed yet, the fact that this conversation is gaining traction suggests that lawmakers may finally be tuning in to the real math behind long-term homeownership.
For now, the best advice is to know your numbers. Timing, smart financial planning, and having the right team in place can make a huge difference. Real estate has always been one of the most reliable ways to build wealth—but the rules around that wealth are constantly changing. If you’re thinking about selling your primary residence, let’s talk strategy—I am always here to assist you in every way possible!