Introduction. For the last several years, the concept of “equity” [i.e., the difference between the net proceeds received upon sale and the unpaid mortgage balance] that many people counted upon when they sold their home, was moot or close to moot – there was none. However, as we slowly climb out of the Great Recession, and read the housing stats, since 3Q 2012, most homes in the Portland-Metro area have been steadily appreciating. Accordingly, it seems timely to focus upon the issue of taxes. The Taxpayer Relief Act of 1997 (“the Act”), which was signed on August 12, 1997, effected several important changes in estate and gift taxes, individual retirement accounts, charitable giving and capital gains rates. Included in the new law was a major revision in how the sale of personal residences were to be treated for income tax purposes. The New Law and Tax Tips, discussed below, apply to residential sales transaction occurring on or after May 7, 1997. Continue reading “Querin Law: Tax Tips When Selling A Primary Residence”