Overview: Senior Home Sale Capital Gains Tax Break
| Bill Number | Chamber | Sponsor | Date Introduced |
|---|---|---|---|
| H.R. 9064 | House | Rep. Malliotakis, Nicole [R-NY-11] | May 29, 2026 |
The Senior Home Sale Capital Gains Tax Break is a bill that would temporarily increase the capital gains tax exclusion for qualifying seniors who sell their primary residence. This would reduce the tax burden on home sale profits for eligible older homeowners.
The bill was introduced in the House of Representatives on May 29, 2026, as part of the 119th Congress. It has been referred to the House Committee on Ways and Means, which handles tax legislation.
This legislation could make downsizing or relocating more financially attractive for older homeowners by allowing them to keep more of their home sale profits tax-free. The temporary nature of the increase creates a window of opportunity for seniors considering selling their homes.
Note that bills often change on their way to becoming law, so this page will update as new details emerge. For real-time updates, subscribe to our newsletter.
Bill Overview
Senior Home Sale Capital Gains Tax Break
To temporarily increase the capital gains exclusion for qualifying seniors selling their principal residence during a qualifying year
Bill Overview
Senior Home Sale Capital Gains Tax Break
To temporarily increase the capital gains exclusion for qualifying seniors selling their principal residence during a qualifying year
Bill
Senior Home Sale Capital Gains Tax Break
House of Representatives
What is the Senior Home Sale Capital Gains Tax Break?
The Senior Home Sale Capital Gains Tax Break would temporarily increase the amount of home sale profits that qualifying seniors can exclude from federal income taxes.
Currently, homeowners can exclude up to $250,000 in capital gains from the sale of their primary residence if they file taxes as single, or up to $500,000 if married filing jointly. Capital gains are the profit you make when you sell your home for more than you paid for it.
For example, if you bought your home for $200,000 and sell it for $450,000, your capital gain is $250,000. Under current law, a single homeowner could exclude the entire $250,000 from taxes, while any gain above that amount would be subject to capital gains tax.
This bill would temporarily increase those exclusion amounts specifically for qualifying seniors, allowing them to keep more of their home sale profits tax-free during the qualifying period.
1. Must be a qualifying senior
The bill targets seniors selling their principal residence, though the specific age requirements and other qualifying criteria are established by the legislation's provisions.
2. Must be selling a principal residence
The increased exclusion applies only to the sale of your primary home where you live most of the time. Second homes, vacation properties, and investment properties do not qualify for this enhanced tax break.
3. Must sell during the qualifying time period
This is a temporary increase that applies to home sales during a specific qualifying year or years outlined in the bill. Sales outside this window would be subject to the standard capital gains exclusion amounts.
The temporary nature of this tax break creates an incentive for eligible seniors to consider selling during the qualifying period if they were already thinking about downsizing or relocating.
How Capital Gains Exclusions Work for Home Sales
When you sell your primary residence, the IRS allows you to exclude a portion of your profits from federal income taxes. This exclusion helps homeowners avoid paying capital gains taxes on the appreciation in their home's value.
Under current law, you can exclude up to $250,000 in gains if you're single, or up to $500,000 if you're married filing jointly. To qualify for any capital gains exclusion, you must have owned and lived in the home as your primary residence for at least two of the five years before the sale.
The Senior Home Sale Capital Gains Tax Break would temporarily boost these exclusion amounts for qualifying seniors, providing additional tax savings during the specified qualifying period.
For seniors considering a move, this enhanced exclusion could make the difference between owing significant capital gains taxes or keeping more of their home equity to fund their next living situation. This is particularly valuable in areas where home values have increased substantially over the years.
Who Sponsors the Senior Home Sale Capital Gains Tax Break?
The Senior Home Sale Capital Gains Tax Break was introduced in the House of Representatives and has been referred to the House Committee on Ways and Means for consideration.
For the latest legislative updates and cosponsors, see the Bill Tracker above.
Frequently Asked Questions About the Senior Home Sale Capital Gains Tax Break
Get answers to common questions about the proposed Senior Home Sale Capital Gains Tax Break.

