Those who understand tax laws around this scenario, can I let my sister live in my condo and pay the mortgage/utilities and I move elsewhere (everything would still remain in my name)? I’m hoping to move for a new job but don’t want to give up my condo just yet as I haven’t been here a full 2 years, so don’t want to have to pay capital gain taxes with selling if I can avoid it somehow. Is this possible?

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Posting as :
works at
You are currently posting as works at

if you didn’t live there yourself for 2/5 years before sell, it’s not a primary resident

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The two year rule is a guideline and there are a multitude of exemptions which remove the specific requirement for 2 years…. Including a change in your place of employment.

Ask your accountant and or lawyer but definitely do-able. I’ve done it.

Now the complication I think is your sister moving in. That in some way turns it into an investment and could argue you moved out to lease to her.

Has your condo appreciated more than $250k in the less than 2 years you’ve owned it? If not my understanding is that you wouldn’t owe any capital gains taxes ($500k if you’re married). If there is a two year rule to get the exemption then I didn’t realize that, but renting out your place (even for little to no rent) wouldn’t be a way around that unless you somehow keep it as your homestead (fraudulently) by not establishing another residence or changing your drivers license etc. Besides, you’d be losing out on actual rental income you could otherwise generate.

I’d either sell or convert it to an actual income producing rental and pay the taxes on any gains or rental net I come you’re fortunate enough to have per the tax rules.

If what your asking is, can you lie to everyone and make it seem like you live in the condo while renting a place and working somewhere else?

Short answer is yes, it would probably be pretty difficult to get caught, but not legal.

Yep - also ask a lawyer or accountant what sort of exceptions there are to the 2 year clause, you may be able to do it by the books too lol

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