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The Senior Home Sale Capital Gains Tax Break: Explained

Overview: Senior Home Sale Capital Gains Tax Break

Bill NumberChamberSponsorDate Introduced
H.R. 9064HouseRep. 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

Congress
119th
House Bill
H.R. 9064

Bill

Senior Home Sale Capital Gains Tax Break

House of Representatives

Lead Sponsors
Rep. Malliotakis, Nicole [R-NY-11]
R-NY-11
Committee
Ways and Means Committee
Latest Actions
May 29, 2026Referred to the House Committee on Ways and Means.

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.

What is the Senior Home Sale Capital Gains Tax Break?
The Senior Home Sale Capital Gains Tax Break is a bill that would temporarily increase the amount of home sale profits that qualifying seniors can exclude from federal taxes when selling their primary residence.
Who qualifies as a senior for this tax break?
The bill targets qualifying seniors, though the specific age requirements are determined by the bill's provisions. Seniors selling their principal residence during the qualifying time period would be eligible for the increased exclusion.
How much money could seniors save with this tax break?
The bill temporarily increases the capital gains exclusion amount above the current $250,000 for individuals and $500,000 for married couples filing jointly. The exact increased amount would depend on the final bill provisions.
How long does the capital gains exclusion last?
This is a temporary increase to the capital gains exclusion that applies during a qualifying year or years specified in the legislation.
Does this affect all home sales by seniors?
No, this only applies to the sale of a principal residence by qualifying seniors during the specified time period. Second homes and investment properties would not qualify for this increased exclusion.
How does this differ from the current capital gains exclusion?
Currently, homeowners can exclude up to $250,000 in home sale profits from taxes if single, or $500,000 if married filing jointly. This bill would temporarily increase those amounts for qualifying seniors.

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Dan Green

Dan Green

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Dan Green (NMLS #227607) is a mortgage expert with over 20 years of direct mortgage experience. He has helped millions of homebuyers navigate their mortgages and is regularly cited by the press for his mortgage insights. Dan combines deep industry knowledge with clear, practical guidance to help buyers make informed decisions about their home financing.

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