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Business Law Blog

Do I have to pay capital gains tax when I sell my home?

Posted by Amanda Butler Schley | Aug 08, 2025 | 0 Comments

The $250,000 capital gains tax exclusion lets you avoid paying capital gains tax on up to $250k of profit when selling your primary residence ($500k if married filing jointly).

Requirements:

  • Own the home 2 of the last 5 years

  • Live in it as your primary residence for 2 of the last 5 years

  • Can only use once every 2 years

If you qualify, only gains above $250k ($500k for couples) are taxable.

About the Author

Amanda Butler Schley

Amanda Butler Schley is a New Orleans business attorney and founder of Business Law Group, advising entrepreneurs, LLC owners, and growing companies on business law, contracts, entity structuring, and partner relationships. She helps clients proactively manage risk, resolve disputes, and build legally sound, scalable businesses using a strategic approach she calls “legal leverage.” Amanda works with founders across industries—including hospitality, retail, and professional services—to structure deals, navigate complex business decisions, and protect long-term growth.

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Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.

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