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You moved away. The house is still in Texas.

Selling after a move

You moved away. The house is still in Texas.

Selling from another state is mostly logistics; the part with a clock on it is the federal tax exclusion you may lose by waiting.

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The situation

When the job, the base or the family took you somewhere else

Many Texas homeowners do not sell before they move. A relocation comes fast, military orders arrive, or the plan is to rent the house for a while. Then a year or two passes, and the house becomes something managed by phone from another time zone.

Selling it from a distance works well when three things are set up: someone local you trust to see the house, a clear way to approve repairs without being there, and a signing method the title company accepts. The piece most owners overlook is timing. The federal exclusion on the gain from selling a main home depends on how long ago you lived there, and that window closes whether or not you are paying attention.

I am a REALTOR, not a CPA or attorney. Below I explain how the IRS describes the rules in Publication 523 and the Internal Revenue Code, not what applies to your return. A CPA should review your numbers before you decide when to sell, and The Angarita Law Firm (angaritalaw.com) can help with powers of attorney or other legal documents.

The tax clock

The 2 out of 5 year rule explained

The exclusion

IRS Publication 523 allows you to exclude up to $250,000 of gain from the sale of your main home, or $500,000 for married couples filing jointly, if you meet the eligibility test. Gain above that, or gain that does not qualify, is taxable.

Ownership and use

You must have owned the home for at least 24 months and lived in it as your main home for at least 24 months during the 5 years before the sale. The months do not have to be consecutive. You also cannot have excluded gain on another home sale within the 2 years before.

Why moving away starts a countdown

The 5-year window moves forward with the sale date. If you lived in the house from January 2021 to January 2024, those last 24 months of use (January 2022 to January 2024) stay inside the window only for a sale closing by about January 2027. After that, you may lose the full exclusion. This is the arithmetic of the rule; a CPA should confirm your exact dates.

Renting it out in the meantime

Under 26 U.S.C. 121(b)(5), time after the last date you used the home as your main residence, within the 5-year window, is not counted as nonqualified use. Depreciation you claimed or could have claimed for rental use after May 6, 1997, however, cannot be excluded and is taxed when you sell, according to Publication 523.

Military and other service members

If you or your spouse served on qualified official extended duty, meaning active duty for more than 90 days or an indefinite period at a duty station at least 50 miles from the home or in government quarters, you may choose to suspend the 5-year test period for up to 10 years. The suspension plus the 5-year period cannot exceed 15 years.

Partial exclusion for a job move

If you sold before meeting the 2-year tests mainly because of a work-related move where the new job is at least 50 miles farther from the home than the old one, Publication 523 says you may qualify for a partial exclusion. Health reasons and certain unforeseeable events can also qualify.

Numbers to keep

The figures behind the rule

$250,000
Maximum gain excluded on a main home for most single filers
IRS Publication 523 (2025)
$500,000
Maximum for most married couples filing jointly
IRS Publication 523 (2025)
24 months
Required ownership and, separately, use as a main home within the 5 years before the sale
IRS Publication 523 (2025)
10 years
Maximum suspension of the 5-year test for qualified official extended duty
IRS Publication 523 (2025)
50 miles
Distance test for both military duty stations and a work-related partial exclusion
IRS Publication 523 (2025)
Selling from a distance

How the sale runs while you are somewhere else

01  Get a remote walk-through first

Ask your agent for a live video tour before anything else: every room, the roof line, the yard, the AC unit and the water heater label. You will see what buyers will see and make decisions on facts, not memory.

02  Approve repairs by photo and quote

Have your agent coordinate licensed contractors and send you written quotes with photos before and after. Approve in writing by email or text so every change has a record. With my construction and remodeling background, I can help you separate repairs that matter to buyers and lenders from ones that do not.

03  Keep access and utilities organized

Use an electronic lockbox, keep electricity, water and gas on for inspections as the TREC resale contract requires during the contract, and arrange regular checks if the house is empty.

04  Sign offers and amendments electronically

Contracts, counteroffers and repair amendments are usually signed electronically. Make sure your agent has a phone number and email that reach you quickly in your new time zone, since option periods and deadlines in the TREC contract run on calendar days.

05  Choose your closing method early

The deed and closing documents must be notarized. You can sign with a notary where you live, through a durable power of attorney given to someone in Texas, or, if the title company accepts it, with a Texas online notary; the Texas Secretary of State says the online notary must be in Texas while the signer may be anywhere.

06  Protect the wire

Proceeds are usually wired by the title company. Verify wiring instructions by calling the title company at a number you find yourself, never one sent in an email.

A practical lesson

Decide on timing with the numbers in front of you

Owners who moved away often wait for the market to improve. Sometimes that is the right call, but it should be a decision made with the tax math next to the market math. If your gain is large and your window under the 2 out of 5 rule closes soon, a sale this year at a slightly lower price can leave you with more money than a sale two years from now at a higher price.

Ask your CPA two questions: the last date you can close and still qualify for the full exclusion, and the estimated tax if you miss it. Then ask your agent for a pricing opinion based on recent comparable sales and a net sheet. With both answers you can decide calmly. I am glad to prepare the market side; call 469-827-7672 or write albert@texava.com.

Albert Angarita, REALTOR
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FAQ

Common questions

How long after moving out can I sell and still avoid capital gains tax?
Under IRS Publication 523 you generally need 24 months of ownership and 24 months of use as a main home within the 5 years before the sale. If you lived there exactly 2 years before moving, that typically means selling within about 3 years of moving out. Have a CPA confirm the exact date for your situation.
Does renting out my Texas house after I moved ruin the exclusion?
Not by itself. Federal law says time after your last use as a main home, within the 5-year window, is not treated as nonqualified use. Depreciation from the rental years is taxable when you sell, however, and the 2 out of 5 year clock keeps running. Keep your rental records organized for your CPA.
I am in the military and got transferred. Do I lose the exclusion?
Possibly not. Publication 523 lets you suspend the 5-year test period for up to 10 years while on qualified official extended duty at least 50 miles from the home or in government quarters. Ask a tax professional familiar with military returns to apply the election correctly.
Do I need to fly back to Texas to close?
No. You can sign with a notary where you live and ship the originals, give someone a durable power of attorney, or use a Texas online notary if the title company accepts it. Confirm the method with the title company before you sign a contract.
How do I handle repairs from another state?
Ask your agent to coordinate licensed contractors, send written quotes with photos, and confirm completion with photos or video. Approve everything in writing. If repairs come from the buyer's inspection, the TREC contract amendment spells out who does the work and by when.
What if I moved for a new job before living there two years?
IRS Publication 523 allows a partial exclusion when the main reason for the sale is a work-related move and the new job is at least 50 miles farther from the home than the old job. Health reasons and some unforeseeable events can also qualify. A CPA can calculate the reduced amount.
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