
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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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.
What is it worth today?
The 2 out of 5 year rule explained
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.
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.
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.
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.
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.
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.
The figures behind the rule
How the sale runs while you are somewhere else
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.
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.
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.
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.
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.
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.
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.

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Common questions
How long after moving out can I sell and still avoid capital gains tax?
Does renting out my Texas house after I moved ruin the exclusion?
I am in the military and got transferred. Do I lose the exclusion?
Do I need to fly back to Texas to close?
How do I handle repairs from another state?
What if I moved for a new job before living there two years?
Your situation, covered
- IRS Publication 523, Selling Your Home (2025)
- 26 U.S.C. 121, exclusion of gain from sale of principal residence (nonqualified use exceptions)
- Texas Secretary of State, Online Notary Public educational information
- Texas Estates Code Chapter 751, durable powers of attorney
- TREC One to Four Family Residential Contract (Resale), form 20-19
- Texas Department of Insurance, Title insurance tips and fraud alert
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