By law, you can only have one primary residence and it's used for such purposes as filing taxes, census taking, in-state tuition verification and other activities. Taking out a HELOC comes with risks, though. Taxpayers in this position may convert their current primary residence into a second residence on or before January 1, 2009, and, assuming that the ultimate disposition of their current primary residence does not fall outside the five-year time period of Sec. Q: What if client wants to convert their current home into a second home and purchase another primary residence? How lenders define a primary residence. If my mother lives in our second home as her primary residence, can she pay the home's expenses (utilities, association fee, and contribute toward the mortgage payment), without those payments being considered "rental income" for me? Thanks for clearing it up Selling Your Second Home . I rented 2 rooms to my daughter because she insisted on it. If you sell your primary residence, the law allows single taxpayers to exclude up to $250,000 in capital gains from your income. Another way to reduce your tax liability is to turn your second home into your first home. 6 months’ worth of monthly mortgage payments for BOTH homes as a “cushion” Can be reduced 2 months’ worth of monthly mortgage payments if current home is 70% LTV or below; Qualify for both monthly mortgage payments You can't claim a second home, a vacation home or a retirement home a primary residence unless you plan to live there most of the time. “If you’ve primarily used the property as a vacation home, you’re limited in terms of ways to defer or mitigate your tax liability,” says Weinstein. You are leveraging your primary residence to purchase a second residence, which could cause you to lose your home if you fail to make your HELOC payments. My principal residence is 30 miles away and I spend 3 days there a week. Primary residence mortgages can be easier to qualify for than other occupancy types and can offer the lowest mortgage rates. In order to claim a home as a primary residence you have to live there for most of the year. Make your second home your primary residence. Yes but I'd be paying the "second home" tax on a property that is my main residence. In fact, Wohlner completely advises his financial planning clients against getting a HELOC to pay for a down payment on a second home. I have a business address in a city where my clients are and I spend time there with my sister. 121(a), take advantage of the full Sec. I would be happy paying the tax on the value of my BTL property but just seems unfair paying it on the value of what will be my main residence. However you convert your property, when you sell it, the Internal Revenue Service gets its chunk. Yes, you can change your second home to your primary home to qualify your second home for the Section 121 exclusion. 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