PolicyBrief
H.R. 9064
119th CongressMay 29th 2026
To amend the Internal Revenue Code of 1986 to temporarily increase the capital gains exclusion for any qualifying senior who sells a principal residence during a qualifying year, and for other purposes.
IN COMMITTEE

This bill temporarily increases the capital gains exclusion for qualifying seniors who sell their primary residence between 2027 and 2030.

Nicole Malliotakis
R

Nicole Malliotakis

Representative

NY-11

LEGISLATION

New Tax Break Boosts Home Sale Exclusion to $1 Million for Long-Term Senior Homeowners Starting in 2027.

This bill significantly raises the bar on how much profit seniors can keep tax-free when selling their long-term homes. Currently, the IRS lets most people exclude up to $250,000 in profit from their taxes (or $500,000 for married couples), but this legislation proposes a massive temporary jump. Between 2027 and 2030, qualifying seniors could see that tax-free limit climb to $1,000,000. It’s a move designed to help older Americans tap into the equity they’ve built up over decades without getting hit by a massive tax bill at the closing table.

The 25-Year Club

To get in on this $1 million exclusion, you can't just be any homeowner; the bill sets specific 'qualifying senior' and 'qualifying residence' standards. First, you have to be at least 65 years old on the day the house sells. Second, you must have owned and lived in that house as your primary residence for at least 25 years. This isn't for house-flippers or people who just moved into a retirement community last year; it’s specifically targeted at those who have stayed put since the turn of the millennium. For example, a 70-year-old who bought their home in 1999 for $200,000 and sells it in 2028 for $1.1 million would potentially pay zero federal capital gains tax on that $900,000 profit.

A Four-Year Window for Downsizing

Timing is everything with this policy. The increased limits only apply to taxable years beginning after December 31, 2026, and they vanish after December 31, 2030. This creates a clear four-year window for seniors to make a move. For married couples, the bill is fairly flexible: as long as one spouse meets the age requirement and the 25-year ownership rule is met, the couple can claim the full $1,000,000 exclusion on a joint return. However, if you are married but filing separately, the bill caps your individual exclusion at $500,000.

Real-World Handshakes and Housing Shifts

By effectively doubling the tax-free profit limit for many, this bill could change the math for seniors who feel 'locked in' to large family homes because they fear the tax hit of selling. For a retired teacher or a former tradesperson living in a city where property values have skyrocketed over the last quarter-century, this could mean an extra six figures in their pocket for retirement or healthcare costs. While the bill provides a clear financial exit ramp for seniors, the four-year expiration date suggests a push to move a specific generation of housing stock back into the market for younger buyers, though the actual impact on housing inventory will depend on how many seniors are ready to pack up their 25 years of memories.