There is no over-55 exemption anymore. The once-in-a-lifetime $125,000 exclusion for sellers 55 and older ended for sales after May 6, 1997. It was replaced by a bigger rule with no age test: up to $250,000 of gain ($500,000 for a married couple) tax-excluded on a main home, usable every two years.
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Short answer
| Old rule (before May 7, 1997) | Today's rule (IRC 121, 2026) | |
|---|---|---|
| Age test | 55 or older on the sale date | None |
| Amount | $125,000 of gain ($62,500 married filing separately) | $250,000 per qualifying owner; $500,000 married filing jointly |
| How often | Once in a lifetime. If either spouse had used it, neither could use it again. | Once every 2 years |
| Ownership and use | Main home for 3 of the 5 years before the sale | Owned and lived in as your main home for 2 of the 5 years before the sale |
| Companion rule | Section 1034 rollover: defer the gain by buying a replacement home of equal or higher price within 2 years | Repealed in 1997 along with the old exclusion. No rollover today. |
Old rule: former IRC 121 and IRC 1034, repealed by the Taxpayer Relief Act of 1997 (Pub. L. 105-34, sec. 312), signed August 5, 1997, effective for sales after May 6, 1997. Today's rule: IRC 121; IRS Publication 523, Selling Your Home (2025 edition, for 2025 returns), checked October 8, 2026. The $250,000 and $500,000 limits are set in the statute and have not changed since 1997; they are not indexed to inflation.
Today's rule, in plain language
Worked example
Bought for $150,000, $100,000 of improvements over the years, sold in 2026 for $1,400,000 with $84,000 of selling costs. Married filing jointly, $80,000 of other taxable income, $110,000 of other modified AGI.
| Step | Rule (source below) | Amount |
|---|---|---|
| Amount realized | Price minus selling costs | $1,316,000 |
| Basis | Purchase plus improvements | $250,000 |
| Gain | $1,066,000 | |
| Section 121 exclusion | $500,000 joint | minus $500,000 |
| Taxable long-term gain | $566,000 | |
| Federal capital gains tax | 0% to $98,900, 15% to $613,700, 20% above (2026 joint) | $83,680 |
| Net investment income tax | 3.8% on MAGI over $250,000 | $16,188 |
| Federal total | about $99,900 |
Illustrative and rounded; state tax not included (California, for one, taxes the gain above the exclusion as ordinary income). Under the pre-1997 rule the same couple could have excluded only $125,000, leaving $941,000 taxable. Brackets: IRS Rev. Proc. 2025-32 (2026 inflation adjustments). NIIT: IRC 1411, thresholds not indexed.
If you are over 55 and selling now
Run your own numbers in the free capital gains tax calculator, or read selling a home with a gain above the exclusion.
Common questions
No. The over-55 once-in-a-lifetime $125,000 exclusion was repealed by the Taxpayer Relief Act of 1997 for sales after May 6, 1997. Today's Section 121 exclusion has no age requirement.
IRC Section 121 as rewritten in 1997: up to $250,000 of gain ($500,000 married filing jointly) on a main home you owned and lived in for 2 of the 5 years before the sale, usable once every 2 years.
No. The amounts are the same at any age. Seniors do get some related rules: time in a licensed care facility can count as living in the home, and a surviving spouse can keep the $500,000 limit for 2 years after a spouse's death.
No federal one. Age 65 changes your standard deduction and Medicare costs, not the home sale exclusion.
No. The limits are fixed in the statute and are not indexed for inflation. As of October 8, 2026 they are still $250,000 and $500,000.
Related: Capital gains tax calculator · Selling a home with a large gain · Step-up in basis calculator · IRMAA calculator
Audit trail
Reviewed for the Retirement Literacy Foundation, a 501(c)(3) education nonprofit. Prepared by Hans Goldstein, retirement educator; IRS Special Enrollment Examination Parts 1, 2 and 3 passed, enrollment pending. Informational only. Not tax, legal or investment advice. Every figure below cites its source so your CPA or attorney can check it.
Figures are 2026 federal amounts unless stated. Examples are illustrative and rounded; your numbers will differ. By Hans Goldstein, founder, Retirement Literacy Foundation. Last reviewed .
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