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? ›

Do You Always Get a 1099-S When You Sell A House? You may not always receive a 1099-S form. When selling your home, you may have signed a form certifying you will not have a taxable gain on the sale.

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.

Do you have to pay taxes on a 1099-S? ›

Form 1099-S reports the date of sale and the gross proceeds of the transaction, and it has been sent to the IRS, so a taxpayer who has received one must report it on their tax return. Sale of business property is reported on Form 4797, otherwise the transaction is reported on Form 8949.

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.

Is 1099-S included in closing documents? ›

Instead of coming in the mail next January, like most 1099 forms, the 1099-S is usually included in your closing documents. If you didn't get one at closing, you probably will not be getting one. It may be labeled “Substitute form 1099-S”.

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

The IRS requires you to report all income, including income from the sale of property, even if you did not receive a 1099-S. Failure to report the sale could result in penalties and interest charges.

What do I do with 1099s I receive? ›

You use your IRS Form 1099 to figure out how much income you received during the year and what kind of income it was. You'll report that income in different places on your tax return, depending on the type of income.

How do I report 1099-S for an inherited house? ›

Your share of sales proceeds (generally reported on Form 1099-S Proceeds From Real Estate Transactions) from the sale of an inherited home should be reported on Schedule D (Form 1040) Capital Gains and Losses in the Investment Income section of TaxAct.

What happens if I don't put my 1099 SA on my taxes? ›

The money you put into your HSA is before taxes. The Form 1099-SA shows that you pulled money out and used it for approved costs. That means the money stays out of the calculation for federal income tax.

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

You must report the sale of a home if you received a Form 1099-S reporting the proceeds from the sale or if there is a non-excludable gain.22 Form 1099-S is an IRS tax form reporting the sale or exchange of real estate.

What is the penalty for not filing a 1099-s? ›

There are maximum fines per year for small businesses. If a business intentionally disregards the requirement to provide a correct payee statement, it's subject to a minimum penalty of $630 per form for 2023 or 10% of the income reported on the form, with no maximum.

What do I do if I did not 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.

Who sends a 1099 when you sell a 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.

Do I have to report to IRS if I sell my house? ›

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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