As it stands, you'd add up all the days you owned and lived in it since the law change, I think 2008 but I'm too lazy to look it up, and all the days you owned it but didn't live in it, to determine the percentage of non-qualified usage. Once you figure your gain (proceeds+depreciation-cost-improvements-cost of sale), you multiply it by your non-qualified usage percentage to get taxable gain. Here's where good software comes in handy, as some of that gain is long term capital gain and some of it is §1250 depreciation recapture.

The LTCG is probably 15%, but any that falls in the 10% or 12% bracket is taxed at 0%. The §1250 gain is 25%, but if you're in the 22% bracket you pay 22%, if you're in the 12% bracket you pay 12%.

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