Welcome or Register
Back to Table of Contents

Required Reporting to the I.R.S.

Sellers of real property will have certain information regarding the sale reported to the Internal Revenue Service.

This required reporting is a consequence of the Tax Reform Act of 1986; it is intended to encourage taxpayer compliance and aid in audit and enforcement efforts by the I.R.S.

To help you better understand this subject, the Land Title Association has answered some of the questions most commonly asked about Required Reporting to the I.R.S.

Who is required to report to the I.R.S.?

Sellers of real property, under guidelines established by the I.R.S., are required to have their gross proceeds from the sale reported on a Form 1099S. When a settlement agent is used, the I.R.S. makes this agent responsible for the delivery of the 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.

What is an I.R.S. Form 1099S, and what will be reported?

The Form 1099S is the reporting form adopted by the I.R.S. for submitting the information required by law.

The information will be transferred onto magnetic media by the settlement agent who will store the information and make the required report to the I.R.S. The settlement agent is also responsible for keeping a master copy of all transactions reported.

In general, information required by the I.R.S. falls into the following categories:

  1. The name, address and taxpayer ID number (social security or tax identification number) of the seller(s)
  2. A general description of the property (in most cases an address)
  3. The closing date of the transaction
  4. The gross proceeds of the transaction (even though gross proceeds do not correspond to taxable income)
  5. Any property involved as part of the transaction other than cash or cash equivalent
  6. The name, address and taxpayer identification number of the settlement agent.
  7. Real estate tax paid in advance that is allocable to the buyer.

On what type of transactions is a Form 1099S required?

Currently, typical homeowner transactions covered include sales and exchanges of 1-4 family residential properties such as houses, townhouses, and condominiums. Also reportable are sales or exchanges of improved or unimproved land, commercial or industrial buildings, condominiums, stock in a cooperative housing corporation and mobile homes (manufactured homes) affixed to real property.

Specifically excluded from reporting are foreclosures and abandonment of real property and financing or refinancing of properties.

What happens if the seller(s) refuses to provide the taxpayer identification number for the Form 1099S?

The settlement agent is required to request the transferor’s taxpayer identification number(s) (TIN(s)) before the time of closing. You may request a TIN on Form W-9 or use an alternative written request. The IRS has included sample wording of an alternative written request in the instructions for preparation of Form 1099S.

Should the seller fail to provide the identification number and certify its correctness, the settlement agent may choose to:

  1. Delay the closing of the transactions until the information is furnished, or
  2. Complete the transaction and report to the I.R.S. that an attempt was made to obtain the information from the seller.

How is the sale reported when there is more than one seller involved or when multiple sellers do not own equal interests in the property?

Multiple sellers may allocate the gross proceeds among themselves for purposes of reporting. If there is no allocation, an incomplete allocation or conflicting allocations, then the entire gross proceeds will be reported for each seller.

Where can I go for further information on taxation of real property?

The I.R.S. provides free publications that explain the tax aspects of real estate transactions. You may wish to order:

  • Publication #523 “Tax Information on Selling Your Home”
  • Publication #530 “Tax Information for Home Owners”
  • Publication #544 “Sales and Other Dispositions of Assets”
  • Publication #551 “Basis of Assets”

To place your order, phone toll-free (800) 829-3676.

Article by CLTA

Back to Table of Contents

Quick Search


view all


Any

Any

No Min.

No Max.
agent photo
SALLIE CHESTER, REALTOR®
EXIT Real Estate Consultants
5175 Sunset Blvd, Ste 3
Lexington, SC 29072
Phone: 803-707-8595
Fax:  803-358-0889
Email: salliechester@exitrec.com

Client Testimonials

We recently purchased a house in Harbour Watch, that we absolutely love, through Sallie Chester.  Our relationship with Sallie began with a get to know each other phone call where trust was soon established.  We then made the trip from Virginia to South Carolina to meet Sallie in person, and she showed us several lots and houses that weekend, one of which we ended up purchasing.  The purchase took longer than anticipated because it was initially contingent on the sale of our house in VA.  Sallie was extremely patient and responsive to all of our needs throughout the entire process.  Sallie is honest, hardworking and provides excellent customer service.  We highly recommend using her services. Ann and Barry N. ~February 2019
Sallie Chester was everything we could have hoped for in the sale of our house; very knowledgeable with good advice and with such a friendly attitude. I would highly recommend Sallie to anyone who is seriously wanting to sell or buy property on Lake Murray. Shirley and David S. ~February 2019
What a positive experience working with Sallie to sell our lake home!  She was kind, hard working, kept us informed, a problem solver and great person.  I would highly recommend her!! L. Davis ~ Nov, 2018
We started looking around the Lake Murray area in October of 2017 with very little information about the area as far as neighborhoods went. We were referred by a friend to Sallie Chester after starting with another REALTOR. Sallie was very knowledgeable and knew the lake well.  She was professional and absolutely one of the nicest people we’ve been around. After one year of looking, we found the perfect home for us; it was exactly what we wanted. Sallie was never pushy or impatient; she was willing to meet us anytime we needed, usually on a quick notice. What a blessing it was to find her! Thank you Sallie. Keith and Dawn B ~ Nov, 2018
“We enjoyed working with Sallie!  She was fair and honest with us and really knows the area. She has a nice and professional attitude which made the process easy!” Dave and Tamara M ~ Nov, 2018
View All

Equal Housing OpportunityMLS membershipREALTOR® certification

Real Estate Websites by iHOUSEweb iconiHOUSEweb | Admin Menu