Form 1099-S - Proceeds from Real Estate Transactions (2024)

Use Form 1099-S Proceeds From Real Estate Transactions to report proceeds from real estate transactions. How the property is used (personal, investment, business) will determine where the information is reported. For more information, go to IRS Instructions for Form 1099-S.

Reporting real estate for personal use:

If the 1099-S was for the sale of your main home, complete the sale of home questions under the investment income topic in our program to see if any amounts are taxable.

To report the sale of your main home, go to our Sale of Home - Sale of Main Home FAQ. Be sure to check the box indicating you received a Form 1099-S so the transaction is transferred to the applicable forms/schedules within your return.

If you incurred a loss on the sale of your main home:

The IRS doesn't allow you to deduct a loss from personal-use property. If you checked Check here if you received a Form 1099-S, the sale of home transaction will be reported on Form 8949 Sales and Other Dispositions of Capital Assets and Schedule D Capital Gains and Losses. TaxAct will automatically adjust the loss to zero (0) using Adjustment Code "L."

Don't report the sale of your main home on your tax return unless your gain exceeds your exclusion amount. Refer to IRS Publication 523 Selling Your Home for information on the sale of your home, the ownership and use tests, and the exclusion amount.

Reporting a timeshare or vacation home (personal capital asset):

If the 1099-S was for a timeshare or vacation home, it's considered a personal capital asset to you and the sale is reportable on Federal Form 8949 and Schedule D.

A gain on this sale is reportable income. The IRS doesn’t allow you to deduct a loss since it’s personal-use property. The same would be true for inherited property if it’s a personal capital asset. Select "Adjustment Code L" so the loss is disallowed on the return.

If an inherited property is considered an investment property:

In this case, the capital gain or loss is reported on Form 8949 and Schedule D, and the loss is allowed. See the Reporting real estate for investment usesection below.

Proceeds for property considered to be a personal capital asset:

To report proceeds for property considered to be a personal capital asset, go to our Form 1099-B - Entering Capital Gains and Losses in Program FAQ.

Generally, your basis in property you inherited from a decedent is the fair market value at the date of the person's death. For more information, refer to IRS Publication 551 Basis of Assets.

Reporting real estate for investment use:

If Form 1099-S was for investment property (or inherited property considered investment property), you can report this on Form 1099-B in the TaxAct program for the information to transfer to Schedule D.

If you need help reporting Form 1099-B in the TaxAct program, go to our Form 1099-B - Entering Capital Gains and Losses in Program FAQ.

Reporting real estate for business or rental use:

If Form 1099-S was for the sale of business or rental property, then it's reportable on Form 4797 Sales of Business Property and Schedule D.

To report real estate for business use, go to our Schedule C - Business Use of Home FAQ.

To report real estate for rental use, go to our Schedule E - Entering Rental Property in Program FAQ.


Note that any link in the information above is updated each year automatically and will take you to the most recent version of the webpage or document at the time it is accessed.

Form 1099-S - Proceeds from Real Estate Transactions (2024)

FAQs

Do you always get a 1099-S when you sell your house? ›

Depending on who handles the closing of a property sale in your state you may or may not receive a Form 1099-S. Speak to your closing attorney or realtor to see if a 1099-S is being sent. But do not request one if not needed.

How do I report proceeds on 1099-s? ›

If Form 1099-S was for the sale of business or rental property, then it's reportable on Form 4797 Sales of Business Property and Schedule D. To report real estate for business use, go to our Schedule C - Business Use of Home FAQ.

Who generally takes responsibility for reporting required information on Form 1099-S after a real estate closing? ›

makes the settlement agent responsible for the delivery of the seller's gross proceeds information on the Form 1099S. The settlement agent generally will be the escrow agent or title company; however, it may be an attorney, real estate broker or other person providing settlement services.

Which real estate closings must be reported to the IRS on Form 1099-S? ›

If real estate is sold or exchanged and other assets are sold or exchanged in the same transaction, report the total gross proceeds from the entire transaction on Form 1099-S. You must request the transferor's TIN no later than the time of closing. The TIN request need not be made in a separate mailing.

Who is responsible for filing a 1099 after closing? ›

Form 1099-S is used to report the sale or exchange of present or future interests in real estate. It is generally filed by the person responsible for closing the transaction, but depending on the circ*mstances it might also be filed by the mortgage lender or a broker for one side or other in the transaction.

What do I do if I don't receive a 1099-S? ›

For taxpayers who did not receive a Form 1099-S, use sale documents and other records. If the taxpayer can exclude the entire gain from a sale, the person responsible for closing the sale (for example, a real estate broker or settlement agent) generally will not have to report it on Form 1099-S.

How does a 1099-S affect my taxes? ›

The purpose of IRS Form 1099-S is to ensure that sellers report their full capital gains on each year's tax return (and, thus, pay the appropriate taxes to the IRS).

How to report sale of inherited property on tax return 1099-S? ›

Since you received a Form 1099-S for the sale, you should report the sale on Form 8949 and Schedule D in your tax return as a sale. The sales price and cost basis will be the same amount, which will result in a gain of $0.

What most closed real estate transactions should be reported to the IRS? ›

For most closed real estate transactions, the IRS requires the reporting of information such as names and social security numbers of both buyer and seller, the property financing details, the name and address of the mortgage lender, and the sale price of the property.

How are real estate sales reported to the IRS? ›

Reporting the Sale

Report the sale or exchange of your main home on Form 8949, Sale and Other Dispositions of Capital Assets, if: You have a gain and do not qualify to exclude all of it, You have a gain and choose not to exclude it, or. You received a Form 1099-S.

Who reports the property transfer transaction to the IRS? ›

Generally, the real estate broker or other person responsible for closing the transaction must report the sale of the property to the IRS using Form 1099-S, Proceeds from Real Estate Transactions.

Who is exempt from 1099s? ›

Who Doesn't Need to Receive a Form 1099-MISC or 1099-NEC? Generally, C corporations, S Corporations, and LLCs formed as corporations or S Corps don't need to receive a 1099-NEC or 1099-MISC. On irs.gov, check the 1099-NEC instructions and 1099-MISC instructions for exceptions when you are required to issue a 1099.

Why did I get a 1099-S when I sold my house? ›

When you sell your home, federal tax law requires lenders or real estate agents to file a Form 1099-S, Proceeds from Real Estate Transactions, with the IRS and send you a copy if you do not meet IRS requirements for excluding the taxable gain from the sale on your income tax return.

What gets reported on a 1099-s? ›

Use Form 1099-S to report the sale or exchange of real estate.

When must taxable income from the sale of real estate be reported to the IRS? ›

Real estate, including residential real estate, counts as a taxable asset. Therefore, any financial gains from a home sale must be reported to the IRS: You calculate and pay any money due when filing your tax return for the year you sold the property.

Do I need a 1099 if I sold my house? ›

When you sell your home, federal tax law requires lenders or real estate agents to file a Form 1099-S, Proceeds from Real Estate Transactions, with the IRS and send you a copy if you do not meet IRS requirements for excluding the taxable gain from the sale on your income tax return.

Does sale of house need to be reported to IRS? ›

Reporting the Sale

Report the sale or exchange of your main home on Form 8949, Sale and Other Dispositions of Capital Assets, if: You have a gain and do not qualify to exclude all of it, You have a gain and choose not to exclude it, or. You received a Form 1099-S.

How do I get a copy of my 1099-S? ›

Obtain a copy of Form 1099-S from the Internal Revenue Service (IRS) website or from an authorized vendor.

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