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HB Locals Only · Homeowner Wealth

The 1997 tax law many longtime Huntington Beach homeowners still misunderstand.

A lot of longtime owners here still think the old rollover rule applies. It went away in 1997. Here's the plain-English version of what replaced it.

The short version

The Taxpayer Relief Act of 1997 replaced the old rules many longtime homeowners still remember. There's no more rolling your gain into a bigger house, and no more one-time over-55 exclusion. In their place, the law generally lets a single filer exclude up to $250,000 of gain on a primary residence and a married couple filing jointly up to $500,000, if they meet the ownership and use tests, and it can be used more than once over a lifetime. In a place like Huntington Beach, where someone may have owned for decades at a low original price, the gain can run well above those amounts, so part of it may be taxable. This is general education, not tax advice, and every situation is different, so talk to a CPA.

Updated 2026-06-25

At a glance

  • The law

    Taxpayer Relief Act of 1997

    Created the current primary-residence capital gains exclusion and ended the old rollover.

  • The exclusion

    $250k single / $500k joint

    Generally, on gain from a primary residence, if you meet the ownership and use tests.

  • The common myth

    "I'll roll it into a bigger house"

    That old Section 1034 rollover and the one-time over-55 exclusion were both replaced in 1997.

  • Why it matters here

    Decades of HB appreciation

    A low original price can mean gain well above the exclusion, so part may be taxable.

Start here

The short version, in plain English.

If you've owned a home in Huntington Beach for a long time, there's a good chance you're carrying around a tax rule in your head that hasn't existed since 1997. It's one of the most common things Ratowsky Group at Compass hears when longtime owners start thinking about selling, and it's completely understandable, because the rule used to work the way people remember.

Here's the calm version. The Taxpayer Relief Act of 1997 changed how the gain on your primary home is treated when you sell. Generally, a single filer can exclude up to $250,000 of gain, and a married couple filing jointly can exclude up to $500,000, as long as you meet the ownership and use tests. The rest of this page walks through what that means, what it replaced, and why it lands differently in a town where homes have appreciated for decades. None of this is tax advice, and your situation is your own, so a CPA is the right person to run your actual numbers.

What actually changed in 1997

The rule you remember probably went away.

Before 1997, two rules shaped how people thought about selling a home. The first was the old rollover, technically Section 1034, where you could defer the gain by buying a replacement home that cost at least as much as the one you sold. Buy up, push the tax down the road. The second was a one-time exclusion for owners over 55, often remembered as the $125,000 break you could use once in your life. A lot of people built their entire mental model of home selling around those two ideas.

The 1997 law replaced both. There's no more rollover, so buying a more expensive home doesn't defer your gain the way it once did. And the one-time over-55 exclusion is gone too. In their place is a single, cleaner framework: the primary-residence exclusion that generally allows up to $250,000 of gain for a single filer or up to $500,000 for a married couple filing jointly. The big mental shift is that this newer exclusion can generally be used more than once over a lifetime, not just one time, as long as you keep meeting the rules each time you sell.

How the current exclusion works

The ownership and use tests, and the dollar amounts.

The current exclusion generally turns on whether the home was truly your primary residence. The common framing is the ownership and use tests: generally, you need to have owned the home and lived in it as your main home for at least two of the last five years before the sale. Meet the tests, and a single filer can generally exclude up to $250,000 of gain, while a married couple filing jointly can generally exclude up to $500,000.

Two details trip people up. First, the exclusion applies to your gain, not your sale price, and gain is the sale proceeds minus your basis, which we'll get to next. Second, those dollar figures are the long-standing statutory amounts, and there are particular rules around second homes, rentals, partial use, and special situations that are well beyond a web page. The takeaway isn't to memorize the fine print. It's to know the framework exists, then let a CPA apply it to your actual numbers, because the exceptions are where real money lives.

The general shape of the current rule

  • Generally owned and used as your primary residence at least 2 of the last 5 years.
  • Up to $250,000 of gain excluded for a single filer.
  • Up to $500,000 of gain excluded for a married couple filing jointly.
  • Generally usable more than once over a lifetime, subject to the rules.
  • Applies to gain, not to the full sale price.

Why this hits harder in Huntington Beach

Decades of appreciation can outrun the exclusion.

Here's where it gets real for longtime owners in this town. Picture someone who bought near the wetlands, in Old Town, or over in Huntington Harbour decades ago, at a price that sounds almost made-up today. Their original basis is low, the home has appreciated for years, and the gain on a sale can run far above $250,000 or $500,000. When that happens, the exclusion may cover part of the gain, and the rest may be taxable. That's the part that genuinely surprises people, and it's better to learn it months before a sale than at the closing table.

This isn't a reason to panic, and it's definitely not a reason to avoid selling. It's a reason to understand your real numbers early. Craig and Justin Ratowsky have worked with owners who held a home for 30-plus years, and the calm move is always the same: get a realistic read on your potential gain, loop in a CPA before you make decisions, and plan with eyes open. The goal is no surprises, just a clear picture of what a sale actually looks like for your household.

The lever you control

Your basis, and why old improvement records matter.

Since the exclusion applies to gain, anything that lowers your taxable gain matters, and basis is the lever you actually have some control over. In general terms, your basis starts with what you originally paid, and qualifying improvements over the years can add to it. A higher basis generally means a lower taxable gain, which is exactly why the boxes of old receipts matter more than people think.

If you've owned for decades, the new roof, the addition, the kitchen and bath remodels, the re-piping, the seawall work on a harbor property, all of that can potentially factor into basis under the rules. Routine repairs and maintenance generally don't count the same way as capital improvements, and the line between them has its own definitions, so this is another spot to defer to a CPA. The practical, non-advice takeaway is simple: keep your records. The owner who can document what they put into the home over thirty years generally hands their tax professional a much better starting point than the owner who can't.

Frequently asked

Can I still roll the gain from my Huntington Beach home into a more expensive house to avoid taxes?
Generally no. The old rollover under Section 1034, where you deferred gain by buying a more expensive replacement home, was replaced by the Taxpayer Relief Act of 1997. In its place is the primary-residence exclusion that generally allows up to $250,000 of gain for a single filer or up to $500,000 for a married couple filing jointly, if you meet the ownership and use tests. This is general education, not tax advice, so confirm your specific situation with a CPA.
How much home-sale gain can I exclude under the 1997 law?
Generally, a single filer can exclude up to $250,000 of gain on a primary residence, and a married couple filing jointly can exclude up to $500,000, provided you meet the ownership and use tests. These are the long-standing statutory figures. The exclusion applies to your gain, not your sale price, and particular situations can change the result, so a tax professional should run your actual numbers.
Whatever happened to the one-time over-55 exclusion my parents used?
That older one-time exclusion for owners over 55 was replaced by the 1997 law. The current primary-residence exclusion generally isn't limited to a single use over a lifetime, so qualifying homeowners can generally use it more than once as long as they keep meeting the rules each time they sell. Because the details matter, this is a good question to take to a CPA rather than relying on how the rule used to work.
Why might I owe tax even with the exclusion when I sell my HB home?
In Huntington Beach, longtime owners often bought at a low original price, so decades of appreciation can push the gain well above $250,000 or $500,000. When the gain exceeds the exclusion, the exclusion may cover part of it and the remainder may be taxable. The amount depends on your basis, filing status, and specific facts, which is exactly why a CPA should calculate your real numbers before you sell.
What is basis, and how do home improvements affect it?
In general, basis starts with what you originally paid for the home, and qualifying capital improvements over the years can add to it. A higher basis generally means a lower taxable gain, since gain is roughly the sale proceeds minus your basis. Routine repairs are generally treated differently from capital improvements, so keep records of major work over the years and let a tax professional decide what actually qualifies.
Is stepped-up basis or Proposition 19 the same as the home-sale exclusion?
No, they're separate issues. Stepped-up basis generally relates to property passing to heirs and resetting basis at death, an estate-planning topic. Proposition 19 is a California property-tax matter affecting basis transfers, not an income-tax rule. The 1997 home-sale exclusion is its own income-tax track. Each belongs with the right professional, a CPA or an estate attorney, and Ratowsky Group is not a tax or legal advisor.

Your Huntington Beach real estate team

Craig and Justin Ratowsky.

Craig Ratowsky and Justin Ratowsky are equal partners at Ratowsky Group, principal agents with Compass, and founding members of the Compass Huntington Beach office. Craig has sold Huntington Beach real estate since 1977, bringing 49 years of pricing and negotiation experience. Justin is a third-generation California Realtor® focused on local guidance and modern marketing. Together, they bring 58+ years of combined experience.

Partner · Ratowsky Group

Craig Ratowsky

Principal agent · Compass

Realtor® · DRE #00608046

714-318-5382

craig.ratowsky@compass.com

Partner · Ratowsky Group

Justin Ratowsky

Principal agent · Compass

Realtor® · DRE #02026158

714-336-5682

justin.ratowsky@compass.com

Sources & citations

Planning a move with major equity?

Thinking through a sale that's decades in the making?

Justin and Craig Ratowsky at Ratowsky Group at Compass can talk through the real-estate side and point you to the right attorney, CPA, or advisor for the rest.

Ratowsky Group at Compass. Craig Ratowsky DRE #00608046, Justin Ratowsky DRE #02026158. Educational content only, not legal, tax, or financial advice.