Hi Kilo ,
IF you lived there for two out of five years , then your sale to your son was taxfree to you . and IF your son has lived there for the last two years , then the sale is taxfree to him . and you / him / us can pull this little trick EVERY TWO years , which is why alot of people sell houses . especially now with houses really going up in value . it's a way to pull your equity out of your house taxfree . cause as long as they satisify the IRS regulations , you can pocket the equity gains on the sale of a house as long as you've lived there as your PRIME residence for TWO years .
keep in mind the capital gain exclusion is $250k PER INDIVIDUAL or $500k per married copule as long as they file jointly . and if none of this makes any sense to ya , PLEASE go see a tax guy or good realtor cause 15% or 25% capital gains rates on a couple hundred thousand dollar or more house sale can be a big deal .
by the way , IF you didn't rent the house to your son , AND all this took place within the last five years , there might be a way a good accountant can work this deal to yours and your son's benefit . the bad thing about having an accountant handle this for ya is that they are NOT going to " bend " the rules and sign your return for ya . that's one of the biggest benefits in fully understanding the tax code and doing your own taxes . in the end , IF i'm caught in a mistake , it's easy enough for me to just bring my personal check book with me to an IRS audit and pay the taxes i would have owed anyway .

if i were in your shoes , i would be handling this whole deal myself . but that would require much more knowledge of yours and your son's income tax data than is possible in this topic / forum . what is CRITICAL in your case is the DATES . that's where the IRS rule of two out of the last FIVE years can work to your benefit . you'd have to chart out WHEN you left the house , WHEN your son moved in , IF you wanted or HAD to count this as a rental deal with your son , and then finally WHEN your son actually purchased the house and had it recorded in his name . and unless you have a really excellent understanding of the IRS tax code , you'd really screw this thing up . HOWEVER , IF you did have a really good understanding of the tax code and could formulate a DEFENCE , in case you were audited , then it might be possible to do this whole thing TAXFREE and allow your son to possibily sell this same house in two more years and pocket all those gains taxfree too .
the " cleanest " deal would have been to have just sold your son the house and have let him start his two year tracking period with the IRS . you could have " GIFTED " him $12k taxfree and your wife could have gifted him the same amount of money taxfree . if he is married , you both could have gifted them both ( he and his wife ) similar amounts . if you had done this at the end of one tax year and the beginning of the next tax year , you could have given them over $48k with no strings attached and nothing to account for on anybodies tax returns . the fact that you let your son live there , either rent free or even if you didn't charge them much rent , cause the IRS doesn't look kindly of renting to relatives for less than local rental market values complicates the arrangement from the standpoint of filing taxes . plus you have to deal with the missing time frame period from when you left the house and when you actually sold it to your son .
course , all of this in hindsight ( and hindsight is 20 / 20 ) is easy .
