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Form 1099-S Substitute Form Arlington Texas: What You Should Know
Before the filing date of a real estate sale or exchange, the IRS should receive a copy of the original Form 1099-S. This is the definitive list of all income and expenses from a real estate transaction. IRS Form 1099-S should include the following: Net proceeds from the seller's sale of the real estate and all related receipts and allowances in full. The sales receipt for the taxable transaction. Explanation of the terms. The sales receipt issued by the seller is a “cert” or “prove” form. This form, or some similar one, must be provided to the IRS, along with the original Form 1099-S. If not, the sellers are liable to pay tax on the transfer, interest and penalties. The seller may be required to certify the transfer with his or her personal social security number, which may be obtained from the Social Security Administration. The seller will also need to provide a statement saying that the property transfer is being made for tax or other reasons. If the sale agreement states that the seller is the actual buyer of the property, the seller should fill in the information in full and supply the sales receipt as proof of title and a receipt as proof of payment. If the transfer is not for sale, the seller need only include a copy of the seller's personal income tax return, if any, providing income from any source other than the real estate transaction. There is also a “resale value allowance” in section 1042 of the Internal Revenue Code that can be applied if the seller is willing to sell or exchange the real estate for: a new house, apartment, condominium, or other improvement to the same property, and it is fair or reasonable to pay more than cash, in addition to the sales receipt, for the real estate. You don't need to file one of the following forms to receive the resale value allowance, although you might want to file a Schedule D (Form 1040 or Form 1045) to report the resale value allowance for the tax year in which the transaction occurs. Resale value allowance. Schedule D. The IRS requires sellers who exchange or sell the real estate to provide a copy of the written description of the property including the street address, property type, number of acres, and appraised value on filing forms 1099-S and 1099-MISC, Schedule D.
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