There is no penalty but you have to pay capital gain taxes on any gain plus recapture deprecation.
He can get around this by living in the property, but it must be for TWO out of five years, so he can’t just live there for a year. If he has one than one he needs to see a good tax attorney.
reselling investment property - Posted by Frank Jones
Posted by Frank Jones on November 12, 2000 at 11:28:07:
Is there a tax penalty due when selling investment property? My neighbor has recently moved into one of his three rentals. He thinks he can avoid the penalties by living in each rental for a year before selling. His wife is less than happy at having to move (at retirement age) out of the house where she raised her children into their less desirable rental properties.