The short answer
A second home you use personally is a capital asset, so gain on its sale is capital gain, long-term if you owned it more than a year, taxed in 2026 at 0, 15 or 20 percent plus the 3.8 percent net investment income tax above $250,000 of modified AGI on a joint return. The $250,000 or $500,000 home-sale exclusion does not apply because the house was not your principal residence, and if you sell at a loss you cannot deduct it. A 1031 exchange is not available for a home held for personal use, but turning it into a genuine rental first, or making it your main home, changes the result.
At a glance
| Character of gain | Capital gain; long-term after more than one year of ownership |
|---|---|
| 2026 rates | 0 percent to $98,900 joint or $49,450 single taxable income, 15 percent to $613,700 or $545,500, 20 percent above |
| Investment income tax | 3.8 percent on the lesser of the gain or modified AGI above $250,000 joint or $200,000 single |
| Home-sale exclusion | Not available unless you owned and used it as your principal residence for two of the last five years |
| Loss | Not deductible; report it on Form 8949 with code L if you receive a Form 1099-S |
| Moving in later | Gain allocated to post-2008 years of nonqualified use is not excludable even after two years of residence |
| Converting to rental | Depreciation and any later loss start from the lower of basis or value at conversion |
| 1031 path | Rev. Proc. 2008-16 safe harbor: 24 months, 14 or more fair-rental days a year, personal use within limits |
Gain on a personal second home is capital gain with no exclusion
The Schedule D instructions say gain from the sale of a capital asset held for personal use is a capital gain, reported on Form 8949. Your gain is the amount realized, the price less selling expenses, minus your adjusted basis, which is your purchase cost plus capital improvements; the closing costs page lists which seller charges count.
For 2026, Rev. Proc. 2025-32 sets the 0 percent long-term rate through $98,900 of taxable income on a joint return and $49,450 single, and the 15 percent rate through $613,700 joint and $545,500 single, with 20 percent above. Section 1411 includes net gain from the disposition of property not held in a trade or business in net investment income, so the 3.8 percent tax applies above $250,000 of modified AGI joint or $200,000 single.
Section 121 excludes gain only on a home owned and used as your principal residence for periods totaling two years in the five years before the sale. A vacation or second home does not qualify, however many years you used it.
A loss on a second home is not deductible
Section 165(c) limits an individual's losses to those from a trade or business, a transaction entered into for profit, and casualty or theft. A home held for personal enjoyment is none of these, and the Schedule D instructions say a loss from the sale of a capital asset held for personal use is not deductible.
You still report the sale if you receive a Form 1099-S. The Form 8949 instructions say to report the transaction and enter the nondeductible loss as a positive adjustment in column (g) with code L, so the net result is zero.
Renting the house before selling does not create a deductible loss from earlier declines. Publication 527 sets the basis of property changed to rental use at the lower of its fair market value or adjusted basis on the date of conversion, so only decline after conversion can produce a loss.
A worked example: a lake house bought in 2012 and sold in 2026
Hypothetical, round numbers. A married couple bought a lake house in 2012 for $400,000 and added $50,000 of improvements. They sell in 2026 for $900,000 and pay $50,000 in commissions and closing costs, so the amount realized is $850,000 and the gain is $400,000.
Their other taxable income is $300,000. The gain stacks on top: $313,700 falls under the $613,700 joint ceiling and is taxed at 15 percent, about $47,100, and the remaining $86,300 at 20 percent, about $17,300. Modified AGI exceeds $250,000 by more than the gain, so the 3.8 percent tax applies to the full $400,000, about $15,200. Federal tax is roughly $79,600 before any state tax.
If the house had sold for $350,000 instead, the $100,000 loss would produce no deduction. Run your own numbers with your CPA, and see the capital gains rates page for how the brackets stack.
Moving in first helps less than many owners expect
If you make the second home your main residence for two years, section 121 can apply, but section 121(b)(5) excludes gain allocated to periods of nonqualified use. A period of nonqualified use is any time after December 31, 2008 when the property was not used as the principal residence of you or your spouse, with exceptions that include time after you move out within the five-year window.
The gain is allocated by time. If you owned the house as a second home from 2016 to 2024 and then lived in it for two years, eight of ten years are nonqualified use, so 80 percent of the gain stays taxable even though you meet the two-year test. The section 121 versus 1031 guide compares this with the exchange route.
Converting to a rental opens the exchange route
Section 1031 covers only real property held for productive use in a trade or business or for investment, so a house held for personal use cannot be exchanged. Rev. Proc. 2008-16 gives a safe harbor for a dwelling: own it for at least 24 months before the exchange, and in each of the two 12-month periods rent it at a fair rental for 14 days or more and keep personal use to the greater of 14 days or 10 percent of the fair-rental days.
Once it qualifies, the gain can be deferred into other real estate, including passive interests in a Delaware statutory trust; see can a second home be exchanged and the capital gains on a vacation rental page for the mixed-use math. Depreciation claimed during the rental years is recaptured at up to 25 percent on a later taxable sale.
Related questions
Is there any exclusion for selling a vacation home?
No. The section 121 exclusion requires ownership and use as your principal residence for two of the five years before the sale.
Can I deduct a loss on my second home?
No. Losses on property held for personal use are not deductible under section 165(c). If you get a Form 1099-S, report the sale on Form 8949 with code L to zero out the loss.
Does the 3.8 percent tax apply to a second home sale?
Yes, if your modified AGI exceeds $250,000 joint or $200,000 single. Gain on property not used in a trade or business is net investment income.
Can I do a 1031 exchange on my second home?
Not while it is held for personal use. Converting it to a genuine rental, and meeting the Rev. Proc. 2008-16 safe harbor, is the usual path.
Do I owe tax if I sell my second home to my child?
A sale is taxed the same way at the price received. A sale below value is part gift, and you cannot deduct a loss on it.
Sources
Checked against these publications on September 30, 2026. Rules and figures change; confirm the current version with your CPA or attorney before you act. This page is general information, not tax or legal advice.
- IRS, Instructions for Schedule D (Form 1040) (2025)
- IRS, Instructions for Form 8949 (2025)
- IRS, Rev. Proc. 2025-32 (2026 inflation adjustments)
- 26 U.S.C. section 1411, Imposition of tax (net investment income)
- 26 U.S.C. section 121, Exclusion of gain from sale of principal residence
- 26 U.S.C. section 165, Losses
- IRS, Publication 527 (2025), Residential Rental Property
- IRS, Rev. Proc. 2008-16, Internal Revenue Bulletin 2008-10
- IRS, Publication 544 (2025), Sales and Other Dispositions of Assets
