Do you owe capital gains tax when you sell your home?
Usually not, if the home was your main home. Section 121 of the Internal Revenue Code lets you exclude gain from the sale of your main home. IRS Topic 701 says you may qualify to exclude up to $250,000 of that gain from your income, or up to $500,000 if you file a joint return with your spouse. Only gain above the exclusion is taxed.
Utah and Idaho both start their income tax from your federal figures. Utah defines adjusted gross income the same way federal law does (Utah Code § 59-10-103), and Idaho's capital gains deduction works from the capital gain included in your federal taxable income (Idaho Form CG). So gain you exclude federally generally doesn't show up on your state return either.
If the home was a rental, a second home or a home you inherited and never lived in, the exclusion may not apply, or may apply only in part. Those cases are covered further down.
This page explains how the federal, Utah and Idaho rules work as of October 2026. It isn't tax advice. Your basis, your other income, any rental or business use and your filing status all change the answer. Talk to a CPA or enrolled agent before you list, and again before you file.
Who qualifies for the $250,000 or $500,000 exclusion?
IRS Publication 523 (for 2025 returns, the current edition) sets out an eligibility test with three main parts:
- Ownership: you owned the home for at least 24 months (2 years) out of the 5 years leading up to the date of sale.
- Residence (use): you lived in it as your main home for at least 24 months (730 days) in that 5-year period. The time doesn't have to be continuous, and the ownership and use periods don't have to be the same 2 years.
- Look-back: you didn't exclude gain on another home sold in the 2 years before this sale. You can take the exclusion only once during a 2-year period.
For the full $500,000 on a joint return, only one spouse needs to meet the ownership test, but both spouses must meet the residence test, and neither can have used the exclusion on another home in the past 2 years. If only one spouse qualifies, the couple can still exclude up to $250,000 for that spouse.
Publication 523 lists special cases. A surviving spouse who hasn't remarried may still get the $500,000 limit on a sale within 2 years of the spouse's death if the other conditions are met. After a divorce or separation, time a former spouse lived in the home under the divorce or separation instrument can count. Members of the uniformed services, Foreign Service, intelligence community and Peace Corps on qualified extended duty can suspend the 5-year period for up to 10 years. The exclusion doesn't apply at all if you got the home in a like-kind (1031) exchange within the past 5 years.
What if you don't meet the 2-year rule?
You may still get a partial exclusion. Publication 523 allows one when the main reason for selling was a work-related move, a health-related move or an unforeseeable event. A work-related move generally means a new job location at least 50 miles farther from the home than the old one.
The partial limit is a fraction of the full amount. You take the shortest of three periods: the time you owned the home, the time you lived in it, and the time since you last used the exclusion. Divide that by 730 days (or 24 months) and multiply by $250,000. On a joint return, each spouse figures this separately and the results are added.
Example: a single owner who lived in and owned the home for 12 months, and then took a job in another state, would have a partial limit of 12 ÷ 24 × $250,000 = $125,000. Publication 523's Worksheet 1 walks through the details and the qualifying reasons.
How do you figure the gain on your home?
Publication 523 puts it in two steps. First, your amount realized is the selling price minus your selling expenses. Second, your gain is the amount realized minus your adjusted basis.
| Piece | What goes in it | Source |
|---|---|---|
| Selling expenses (reduce your amount realized) | Sales commissions, advertising fees, legal fees, and mortgage points or loan charges you paid that the buyer would normally pay | Pub. 523 |
| Starting basis | What you paid for the home, plus settlement fees and closing costs from your purchase, such as title search and contract legal fees, recording fees and owner's title insurance. Loan charges such as points aren't included. | Pub. 523; Pub. 551 |
| Increases to basis | Improvements with a useful life of more than a year that add value, prolong the home's life or adapt it to new uses, such as an addition or replacing an entire roof; also local assessments for improvements like road paving | Pub. 523; Pub. 551 |
| Not added to basis | Repairs that only maintain the home, such as interior or exterior painting or fixing leaks | Pub. 523 |
| Decreases to basis | Depreciation you claimed (or could have claimed) for business or rental use, casualty losses, and rebates treated as price reductions | Pub. 523; Pub. 551 |
Keep the closing statement from when you bought, your closing statement from this sale, and receipts for improvements. Without records, you may not be able to prove a higher basis, which means a higher gain on paper.
If the result is a loss, Publication 523 is direct: you can't deduct a loss on the sale of your main home, but you don't owe tax on the money you received.
Does a lower commission mean you pay more tax?
Commissions are a selling expense, so they lower your gain. A smaller commission means a smaller deduction. But it never leaves you with less money. Every dollar you don't pay in commission is a dollar more in your proceeds. If your gain is already under the exclusion, that dollar isn't taxed at all. If your gain is above the exclusion, only part of the dollar goes to tax, at your capital gains rate plus any state tax.
Here's a hypothetical Utah example. A married couple filing jointly bought their home years ago for $300,000, paid $4,000 in purchase closing costs that count toward basis, and spent $60,000 on qualifying improvements. They sell in 2026 for $950,000, with $5,000 of other selling costs (title, escrow and similar). The table compares total commissions of 5% and 2% of the price. It assumes the taxable gain falls in the 15% federal bracket and the couple is under the net investment income tax threshold, and it ignores credits and other income. These figures are an illustration, not a forecast of your tax.
| 5% total commission | 2% total commission | |
|---|---|---|
| Selling price | $950,000 | $950,000 |
| Commission | $47,500 | $19,000 |
| Other selling costs | $5,000 | $5,000 |
| Amount realized | $897,500 | $926,000 |
| Adjusted basis ($300,000 + $4,000 + $60,000) | $364,000 | $364,000 |
| Gain | $533,500 | $562,000 |
| Exclusion (married filing jointly) | $500,000 | $500,000 |
| Taxable gain | $33,500 | $62,000 |
| Federal tax at 15% | $5,025 | $9,300 |
| Utah tax at 4.45% | $1,491 | $2,759 |
| Proceeds after these taxes (before mortgage payoff) | $890,984 | $913,941 |
The lower commission adds $28,500 of taxable gain and about $5,543 of tax in this example, and still leaves the sellers about $22,957 ahead. If the same couple sold an Idaho home, Idaho's 60% capital gains deduction would leave $24,800 of the $62,000 taxable at 5.3%, about $1,314 of Idaho tax. A flat listing fee works the same way as a lower commission: you pay less to sell, and more of the price stays with you.
To see what your own sale might cost before taxes, try the /selling-costs/commission-calculator/ and the closing cost guides for /selling-costs/utah-closing-costs/ and /selling-costs/idaho-closing-costs/.
What federal tax rate applies to the taxable part?
If you owned the home for more than a year, the gain is long-term (IRS Topic 409). Long-term gain is taxed at 0%, 15% or 20%, depending on your total taxable income. Gain on a home held a year or less is short-term and taxed at ordinary income rates. For taxable years beginning in 2026, the thresholds from Rev. Proc. 2025-32 are:
| Filing status (2026) | 0% rate up to | 15% rate up to | 20% rate above |
|---|---|---|---|
| Married filing jointly / surviving spouse | $98,900 | $613,700 | $613,700 |
| Single | $49,450 | $545,500 | $545,500 |
| Head of household | $66,200 | $579,600 | $579,600 |
| Married filing separately | $49,450 | $306,850 | $306,850 |
The amounts are taxable income, including the gain itself, not the gain alone. If you sold in 2025, the 2025 thresholds were lower (for example $96,700 and $600,050 on a joint return, per Topic 409).
Net investment income tax. The 3.8% NIIT applies to the lesser of your net investment income or the amount your modified adjusted gross income exceeds $250,000 (married filing jointly), $200,000 (single or head of household) or $125,000 (married filing separately), per IRS Topic 559. The IRS says the NIIT doesn't apply to gain on a principal residence that is excluded for income tax purposes. Taxable gain above the exclusion can count as investment income.
Depreciation. If you claimed depreciation for a home office or rental use after May 6, 1997, Publication 523 says you can't exclude the part of your gain equal to that depreciation, and it's taxed even if the rest of your gain is excluded. Topic 409 caps the rate on this unrecaptured section 1250 gain at 25%.
How is the gain taxed in Utah and Idaho?
| Utah | Idaho | |
|---|---|---|
| Starting point | Federal adjusted gross income (Utah Code § 59-10-103), so excluded gain isn't included | Federal taxable income; excluded gain isn't included |
| Rate for 2026 | Flat 4.45% of state taxable income (Utah Code § 59-10-104, as amended by S.B. 60, 2026, retroactive to Jan. 1, 2026) | 5.3% of taxable income over $2,500 ($5,000 joint), with those amounts adjusted for inflation (Idaho Code § 63-3024) |
| Special treatment of capital gains | None for a home sale: taxed at the same rate as other income | 60% deduction of capital gain net income from qualifying Idaho property, including the taxable gain on an Idaho home (Idaho Code § 63-3022H; Form CG) |
| Holding period for the state break | Not applicable | Real property held at least 12 months |
| Nonresident sellers | Income from owning real property in Utah is Utah-source income (Utah Code § 59-10-117) | Income from disposing of real property in Idaho is Idaho-source income (Idaho Code § 63-3026A(3)(a)(ii)) |
Utah's rate has changed often. It was 4.5% for 2025. The Legislature's S.B. 60 (2026 General Session) lowered it to 4.45% with retrospective operation for taxable years beginning on or after January 1, 2026. Utah has no separate capital gains rate, so the taxable part of your home gain is taxed like wages.
Idaho's capital gains deduction is easy to miss. Idaho Code § 63-3022H allows a deduction of 60% of capital gain net income from qualifying Idaho property, including real property held at least 12 months. The 2025 Form CG has a line for qualifying capital gain from the sale of a personal residence, and its instructions say to enter the taxable gain from the sale of your Idaho home from federal Schedule D. Gain treated as ordinary income, such as depreciation recapture, doesn't qualify. You claim it by filing Form CG with your Idaho return.
Selling a Utah or Idaho home while living elsewhere? Both states treat gain on real property located in the state as income from that state, so a nonresident with taxable gain generally files a nonresident return there. Your home state may also tax it and give a credit; your CPA can sort that out. We could not find a Utah or Idaho rule requiring the title company to withhold state income tax when a nonresident individual sells a home, so confirm with your title company early. Federal FIRPTA withholding is separate: it applies when the seller is a foreign person, generally at 15% of the amount realized, with exceptions such as a sale of $300,000 or less to a buyer who will live in the home (IRS).
Do you have to report the sale? Form 1099-S explained
The settlement agent on your closing statement, usually the title or escrow company, is generally the one who files Form 1099-S, Proceeds From Real Estate Transactions, with the IRS (Instructions for Form 1099-S). Box 1 shows the closing date and box 2 the gross proceeds.
The settlement agent doesn't have to file a 1099-S for a main home sale of $250,000 or less ($500,000 if you certify you're married) if you give it a written certification, signed under penalties of perjury, that the home was your principal residence, that your full gain is excludable, and that there was no nonqualified use after 2008. Many sales are above those prices, so expect a 1099-S.
- If you receive a Form 1099-S, you must report the sale on Form 8949 even if you have no taxable gain (Pub. 523; Topic 701).
- If you can't exclude all of your gain, report it on Form 8949 and Schedule D (Form 1040).
- If neither applies, you generally don't have to report the sale.
- If you're paid over time (seller financing), the sale is an installment sale. You can still use the exclusion, and IRS Topic 701 points to Form 6252 and Publication 537.
Idaho sellers with a taxable gain should also file Form CG to claim the 60% deduction. Utah has no separate home-sale form; the gain flows through from your federal return.
Rentals, second homes and inherited homes
- Rentals and second homes: gain on a home that was never your main home doesn't get the exclusion. If you lived in it for part of the time, gain allocated to periods of nonqualified use after 2008 (when neither you nor your spouse used it as your main home) generally can't be excluded, though time after you moved out within the 5-year window generally isn't counted as nonqualified use (Pub. 523). Depreciation you claimed is taxed regardless. See /sell/guides/rental-with-tenants/.
- Inherited homes: your basis is generally the home's fair market value on the date of death (Pub. 551), so a sale soon after inheriting may produce little or no gain. Inherited property counts as held more than one year, however long you actually owned it, so any gain is long-term (Pub. 544). If you never lived there, the exclusion doesn't apply. See /sell/guides/inherited-home-probate/.
- Gifted homes: if someone gave you the home, your basis is generally the giver's adjusted basis, not today's value (Pub. 551), which can mean a much larger gain.
These cases are where mistakes are most expensive. Bring your purchase records, depreciation history or date-of-death appraisal to a CPA before you accept an offer.
This guide is general information about how selling works in Utah and Idaho, not legal, tax or financial advice. Laws, forms and customs change; read the actual documents you are asked to sign, and talk to an attorney or tax professional about your situation.

