What Is the 5-Year Rule for Selling a House? There Are Actually Two (2024)

You’ve got a house that’s been your primary residence and you’ve lived in it for fewer than five years. But now you need or want to move because your life circ*mstances have changed. When considering making this move, the two most common questions center on money: Will you make a profit on selling a house so soon after purchasing it? And will you have to pay taxes on any potential profit from selling the house?

The five-year rule, as it’s known in real estate, states that new homeowners generally should live in a home for at least five years before selling the property, otherwise they can be at more risk of losing money on their investment. But there’s more to consider than just years when determining if selling in in fewer than five years is a good move.

This principle happens to overlap with a tax rule that may affect homeowners who are considering selling their homes within five years of purchase. We’ll address the tax implications further down.

The five-year rule is not hard and fast — in fact, some real estate agents don’t even refer to it as such. But there are several factors to consider when selling your house within five years of purchasing it.

What Is the 5-Year Rule for Selling a House? There Are Actually Two (1)

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How do I decide if the 5-year rule applies to me?

Allen Studebaker, a top real agent in Scottsdale, Arizona, who works with over 71% more single family homes than the average Phoenix area agent, shares information to help homeowners decide if it’s worth it to make a move from their primary residence in fewer than five years.

When it comes to buying and owning a home, the general advice is that it will gain more value the longer it is owned by the same owner, especially if the area where it’s located is growing or becoming more sought after. This is known as appreciation, and it comes from a variety of factors that influence each other to drive home values upward.

When homeowners need to sell their home quickly, determining whether the sale is worthwhile can be confusing. This is where the five-year rule becomes important.

So what factors should be considered when you’re wondering if your home’s value has appreciated in the time you’ve owned it?

Some common factors that increase a home’s value include:

  • Location
  • Supply and demand
  • Comparable properties nearby (known as real estate comps)
  • Size and usable space of your home
  • Age and condition of your home
  • Upgrades and updates
  • Health of the economy
  • Generational needs
  • Walkability score

“The key thing for people to do is to gain knowledge of their market,” Studebaker says.

A major factor in seeing if the five-year rule applies is the current appreciation rate for homes in your area. The appreciation rate in the United States can vary wildly. In December 2023, the average appreciation rate was 5.9%, while it was only 4.6% in December 2022.

Use HomeLight’s online Home Value Estimator to find a ballpark estimate of your home’s worth right now. This free tool will give you an idea of what your home’s value is in real time, compared to the purchase price, so you can gauge the appreciation.

How to Sell Your House in 5 Days Flat: Quick Tips and Creative Techniques Learn more

What if I need to sell my home before five years?

Sometimes the need to relocate fewer than five years after purchasing a home cannot be avoided. Life happens, but there are options other than selling to help you build up enough equity in your home before putting it on the market.

A common option for people who do not yet want to sell their home before owning it for five years is to turn it into a rental property. You can explore renting it out for the long-term or as a short-term vacation rental to delay selling it while still earning income from ownership.

Vacation homes do well in states like Studebaker’s market, which is in a year-round warm part of the country. “Unlike some of the cold weather states, we have a lot of vacation rentals here,” Studebaker says. “So right now in Arizona it’s 65 degrees and sunny, but in the Midwest, it’s snowing, and in the northwest, it’s raining. Those folks are coming here to enjoy our winter weather.”

The other 5-year rule: Tax implications for selling your home

The IRS taxes capital gains from a home sale differently based on whether the property has been owned long-term or short-term. This distinction helps differentiate average homeowners from investors. Average homeowners typically sell their homes to relocate, upsize, or downsize. Investors, on the other hand, frequently buy and sell homes within a year for profit, which is considered taxable income.

Understanding taxes on a home sale can be complex for most people, as the IRS treats your home as a capital asset subject to capital gains tax. This means you may owe taxes on any profit from the sale if your home’s value has increased. However, there are potential capital gains exemptions available, making the five-year rule beneficial for homeowners who adhere to it.

The IRS offers a capital gains tax exclusion, but it depends on how long you owned the home, how long it was your primary residence, your filing status, and the amount of the profits you earned from the sale.

You must have lived in the home as a principal residence for any two of the five years before selling. If that condition is satisfied, up to $250,000 of profit is typically considered tax free if you’re a single filer, or up to $500,000 if you are married and filing jointly. Profits exceeding these thresholds generally must be reported as a capital gain and are subject to taxation. For personalized advice on your specific situation, consult with a tax professional.

In a market where there are fewer homes available for sale — a seller’s market — increased demand can drive sale prices above the list price, potentially resulting in larger profits for homeowners. In a seller’s market, being knowledgeable on the tax implications is more important than ever.

“What we’re looking at is an extreme shortage of inventory,” Studebaker says. “Supply and demand is driving the home prices up significantly, and we don’t see that changing for at least the next three years. It could be as long as five years before we see a change in inventory.”

Testing the 5-year rule: How much does it cost to sell my home?

If you’ve purchased a home within the past five years, you may remember the costs associated with purchasing it, from inspection fees to closing costs. These costs can add up, and will also factor into whether it’s worth it to resell within five years, since most people who sell their home often need to purchase a new one to live in. To make money on your home sale, it needs to have appreciated in value more than the sum of all the selling fees you will face when moving.

Your costs will vary depending on the condition of your home, and the availability of homes for sale in the market in which people are buying.

Common costs associated with selling your home include:

  • Staging fees and costs to prep the house for showing (varies)
  • Realtor commissions for the sale (5% to 6% is standard, but this may change)
  • Inspection and repair fees (varies)
  • Closing fees to sell, which include title fees, transfer taxes, escrow fees, recording fees, and prorated property taxes (1% to 3% of the sale price)
  • A possible second set of closing costs if buying a new home
  • Seller concessions (2% to 6%)
  • Overlap costs (1% to 2%)
  • Moving and relocation costs (varies)
  • Mortgage payoff (varies)
One of the things that homeowners need to think about is what your strategy will be on how you’re going to get to the next house. Some people are upsizing, some people are relocating, some people are downsizing. They really need to get with a professional and put together a plan, because with inventory as low as it is, you need to have a strategy on how you’re going to make that next move.
  • What Is the 5-Year Rule for Selling a House? There Are Actually Two (4)

    Allen Studebaker Real Estate Agent

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    What Is the 5-Year Rule for Selling a House? There Are Actually Two (5)

    Allen Studebaker Real Estate Agent at North&CO.

    • Years of Experience 21
    • Transactions 715
    • Average Price Point $602k
    • Single Family Homes 582
How to Sell a House in 10 Simple Steps Learn more
Process of Selling a House for Cash in 9 Steps Learn more

Beating the 5-year rule: Get experts involved

“One of the things that homeowners need to think about is what your strategy will be on how you’re going to get to the next house,” Studebaker says. “Some people are upsizing, some people are relocating, some people are downsizing. They really need to get with a professional and put together a plan, because with inventory as low as it is, you need to have a strategy on how you’re going to make that next move.”

Consulting your CPA or tax professional is crucial when considering selling your home within five years of purchase. A tax professional familiar with your financial circ*mstances can provide invaluable insights into whether selling would be advantageous or lead to additional expenses.

It’s important to think about how long you want to live in a house before you make a purchase, because there are many benefits to following the five-year rule. Losing money on a home purchase is never the goal, so make sure it’s the right choice before signing on the dotted line.

What Is the 5-Year Rule for Selling a House? There Are Actually Two (8)

Find a Top Agent to Sell Your Home for More

Tell us a little about your home and selling needs and we’ll provide recommendations for up to three top real estate agents in your area.

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Partner with an experienced agent to truly evaluate the 5-year rule

When it’s time to buy your next home, use HomeLight’s Agent Match tool to find and partner with a top agent. No matter how long you have lived in your home, our data shows that the top 5% of real estate agents across the US sell homes for as much as 10% more than the average agent.

If you are looking to sell your home and relocate, ask yourself where you want to be five or 10 years from now. Ultimately, the five-year rule is a good guide for the average homeowner to help get the most out of where you live now, and will give you the best return when the time comes to sell and move on to your next home.

Header Image Source: (Emily Barrington/ Unsplash)

At HomeLight, our vision is a world where every real estate transaction is simple, certain, and satisfying. Therefore, we promote stricteditorial integrity in each of our posts.

What Is the 5-Year Rule for Selling a House? There Are Actually Two (9)

April Blake

Contributing Author

April Blake is a freelance writer and editor, located in Cayce, South Carolina. She is a homeowner who appreciates following the real estate market in her area. April also frequently writes about food, health, wellness, and lifestyle topics; and enjoys yoga and ice cream in her free time.

What Is the 5-Year Rule for Selling a House? There Are Actually Two (10)

Richard Haddad

Executive Editor

Richard Haddad is the executive editor of HomeLight.com. He works with an experienced content team that oversees the company’s blog featuring in-depth articles about the home buying and selling process, homeownership news, home care and design tips, and related real estate trends. Previously, he served as an editor and content producer for World Company, Gannett, and Western News & Info, where he also served as news director and director of internet operations.

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What Is the 5-Year Rule for Selling a House? There Are Actually Two (2024)

FAQs

What Is the 5-Year Rule for Selling a House? There Are Actually Two? ›

You must have lived in the home as a principal residence for any two of the five years before selling.

How does the 2 out of 5 year rule work? ›

Ownership and use requirement

During the 5 years before you sell your home, you must have at least: 2 years of ownership and. 2 years of use as a primary residence.

What is the 5 year rule for capital gains tax? ›

As long as you lived in the property as your primary residence for 24 months within the five years before the home's sale, you can qualify for the capital gains tax exemption. And if you're married and filing jointly, only one spouse needs to meet this requirement.

What is the ownership and use test for two of the last five years? ›

Ownership and use tests

This means that during the 5-year period ending on the date of the sale, you must have: Owned the home for at least two years (the ownership test) Lived in the home as your main home for at least two years (the use test)

What is the 2 out of 5 rule in Florida? ›

The 2-Out-of-5-Year Rule

One strategy to avoid capital gains tax in Florida is to take advantage of the primary residence exclusion is the “2 Out of 5 Year Rule.” This rule lets an individual exclude up to $250,000 in capital gains taxes from the sale of a home and up to $500,000 for married couples that file jointly.

Do I have to buy another house to avoid capital gains? ›

Can You Avoid Capital Gains Tax On Real Estate? It's possible to legally defer or avoid paying capital gains tax when you sell a home. You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion.

What is the 2 year 5 year rule? ›

Primary Residence vs Investment Property

In order to be legally considered a primary residence, as opposed to an investment property, is that the seller has lived in the property themselves for at least two out of the last five years.

What is a simple trick for avoiding capital gains tax on real estate investments? ›

Use a 1031 exchange for real estate

Internal Revenue Code section 1031 provides a way to defer the capital gains tax on the profit you make on the sale of a rental property by rolling the proceeds of the sale into a new property.

At what age do you not pay capital gains? ›

Since there is no age exemption to capital gains taxes, it's crucial to understand the difference between short-term and long-term capital gains so you can manage your tax planning in retirement.

How to avoid paying capital gains tax on inherited property? ›

Here are five ways to avoid paying capital gains tax on inherited property.
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

What is the substantial presence test for 5 years? ›

For the substantial presence test, the number of days in your first five years in the U.S. as a student (F-1 visa) or first two years if you are a teacher/researcher (J-1 visa) are not counted. During this time you are "exempt" from the substantial presence test.

What is better off test and ownership test? ›

Better Off Test

A positive answer would suggest that simultaneous presence in multiple businesses is beneficial. A positive answer will not necessarily mean that corporate should outright own the business serving a given market unless second test is satisfied which is 'Ownership test'.

What is the continuity of ownership test for a listed company? ›

To pass the test, the same persons must have more than 50% of the voting power, rights to dividends and rights to capital at all times throughout the loss period and until the end of the income year in which the company wants to deduct the loss.

What is the 50% rule in Florida? ›

The 50% Rule is a regulation of the National Flood Insurance Program (NFIP) that prohibits improvements to a structure exceeding 50% of its market value unless the entire structure is brought into full compliance with current flood regulations.

What is the 5 year rule in Florida? ›

Generally, in order to receive Medicaid Long-Term Care, the applicant must not have “given away” assets within five years of applying for Medicaid benefits. This five year window is known as the “look back” period.

What is the rule of 78 in Florida? ›

Rule of 78 Formula

If it's 12 months, the amount borrowed, the principal, is divided by 12. The interest rate is then charged to the remaining principal. With simple interest, the interest paid each month gets lower as the principal gets lower. With the Rule of 78, a higher interest rate is charged early in the loan.

What does 2 out of 5 years mean? ›

What Is the 2 Out of 5 Year Rule? Under United States tax law, for a home to qualify as a principal residence, it must meet the two out of five year rule. This means that a person must live in the residence for a total of two years or 730 days combined out of a five-year period.

What is the 5 year rule payout? ›

Five-year rule

The distribution must be completed by the end of the year containing the fifth anniversary of the owner's death. Any non-individual beneficiary (except for a qualified trust) must use the five-year rule if the owner died before beginning to take RMDs.

What are the exceptions to the home sale exclusion two year rule? ›

You, your spouse, a co-owner of the home, or anyone else for whom the home was their residence died, got divorced or legally separated (or were issued a separate decree to pay support to the other spouse), gave birth to two or more children from the same pregnancy, became eligible for unemployment compensation, or were ...

How does the 5 year rule work? ›

The 5-year rule regarding Roth IRAs requires a waiting period before you can withdraw earnings or convert funds without a penalty. To withdraw earnings from a Roth IRA without owing taxes or penalties, you must have held the account for at least five tax years.

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