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The IRS 1099-S form plays a crucial role in real estate transactions by helping ensure proper reporting of income. Primarily used by sellers of real estate, this form serves to document the sale or exchange of real property, which includes land or buildings. It is essential for both buyers and sellers to understand its function, as accurate reporting is required to comply with federal tax laws. The form typically includes details such as the date of sale, the gross proceeds from the sale, and information about the property in question. Additionally, it is important to note that certain transactions may be exempt from reporting, but proper filing remains vital to avoid potential penalties. Those involved in real estate should familiarize themselves with the requirements surrounding the 1099-S to ensure a smooth transaction process and adherence to IRS guidelines.

IRS 1099-S Example

Attention:

Copy A of this form is provided for informational purposes only. Copy A appears in red, similar to the official IRS form. The official printed version of Copy A of this IRS form is scannable, but the online version of it, printed from this website, is not. Do not print and file copy A downloaded from this website; a penalty may be imposed for filing with the IRS information return forms that can’t be scanned. See part O in the current General Instructions for Certain Information Returns, available at www.irs.gov/form1099, for more information about penalties.

Please note that Copy B and other copies of this form, which appear in black, may be downloaded and printed and used to satisfy the requirement to provide the information to the recipient.

To order official IRS information returns, which include a scannable Copy A for filing with the IRS and all other applicable copies of the form, visit www.IRS.gov/orderforms. Click on Employer and Information Returns, and we’ll mail you the forms you request and their instructions, as well as any publications you may order.

Information returns may also be filed electronically using the IRS Filing Information Returns Electronically (FIRE) system (visit www.IRS.gov/FIRE) or the IRS Affordable Care Act Information Returns (AIR) program (visit www.IRS.gov/AIR).

See IRS Publications 1141, 1167, and 1179 for more information about printing these tax forms.

7575

VOID

CORRECTED

 

 

 

 

FILER’S name, street address, city or town, state or province, country,

1

Date of closing

 

OMB No. 1545-0997

 

 

 

ZIP or foreign postal code, and telephone number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2021

 

Proceeds From Real

 

 

 

2

Gross proceeds

 

 

Estate Transactions

 

 

 

$

 

 

Form 1099-S

 

 

 

FILER’S TIN

TRANSFEROR’S TIN

 

3

Address (including city, state, and ZIP code) or legal description

Copy A

 

 

 

 

 

 

 

 

 

For

 

 

 

 

 

 

 

 

 

Internal Revenue

TRANSFEROR’S name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Service Center

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

File with Form 1096.

 

 

 

4

Check here if the transferor received or will receive

 

 

 

 

 

For Privacy Act

 

 

 

 

property or services as part of the consideration

 

Street address (including apt. no.)

 

 

 

 

 

 

 

 

 

 

 

 

and Paperwork

 

 

 

 

 

 

 

 

 

 

 

 

5

Check here if the transferor is a foreign person

 

Reduction Act

City or town, state or province, country, and ZIP or foreign postal code

 

(nonresident alien, foreign partnership, foreign estate,

 

Notice, see the

 

 

 

 

or foreign trust) . . . .

. . . . .

 

2021 General

 

 

 

 

 

 

 

 

 

Instructions for

Account number (see instructions)

 

 

6

Buyer’s part of real estate tax

 

 

 

Certain Information

 

 

 

$

 

 

 

 

 

Returns.

Form 1099-S

Cat. No. 64292E

 

www.irs.gov/Form1099S

Department of the Treasury - Internal Revenue Service

Do Not Cut or Separate Forms on This Page — Do Not Cut or Separate Forms on This Page

CORRECTED (if checked)

FILER’S name, street address, city or town, state or province, country,

1 Date of closing

OMB No. 1545-0997

ZIP or foreign postal code, and telephone number

 

 

 

 

 

 

 

 

2021

Proceeds From Real

 

 

 

2 Gross proceeds

Estate Transactions

 

 

$

 

 

Form 1099-S

 

 

FILER’S TIN

TRANSFEROR’S TIN

 

3 Address (including city, state, and ZIP code) or legal description

Copy B

 

 

 

 

 

 

 

 

For Transferor

TRANSFEROR’S name

 

 

 

 

 

 

 

This is important tax

 

 

 

 

 

 

 

 

information and is being

 

 

 

 

 

 

 

 

furnished to the IRS. If

 

 

4

Transferor received or will receive property or services

 

 

you are required to file a

Street address (including apt. no.)

 

 

 

as part of the consideration (if checked) . . .

 

 

 

 

return, a negligence

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

penalty or other

 

 

5

If checked, transferor is a foreign person (nonresident

 

 

sanction may be

City or town, state or province, country, and ZIP or foreign postal code

 

 

alien, foreign partnership, foreign estate, or foreign

 

 

imposed on you if this

 

 

trust)

. . . . .

 

 

 

 

item is required to be

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

reported and the IRS

Account number (see instructions)

 

6

Buyer’s part of real estate tax

 

 

 

 

 

determines that it has

 

 

$

 

 

 

 

not been reported.

Form 1099-S

(keep for your records)

www.irs.gov/Form1099S

Department of the Treasury - Internal Revenue Service

Instructions for Transferor

For sales or exchanges of certain real estate, the person responsible for closing a real estate transaction must report the real estate proceeds to the IRS and must furnish this statement to you. To determine if you have to report the sale or exchange of your main home on your tax return, see the Instructions for Schedule D (Form 1040). If the real estate was not your main home, report the transaction on Form 4797, Form 6252, and/or the Schedule D for the appropriate income tax form. If box 4 is checked and you received or will receive like-kind property, you must file Form 8824.

Federal mortgage subsidy. You may have to recapture (pay back) all or part of a federal mortgage subsidy if all the following apply.

You received a loan provided from the proceeds of a qualified mortgage bond or you received a mortgage credit certificate.

Your original mortgage loan was provided after 1990.

You sold or disposed of your home at a gain during the first 9 years after you received the federal mortgage subsidy.

Your income for the year you sold or disposed of your home was over a specified amount.

This will increase your tax. See Form 8828 and Pub. 523.

Transferor’s taxpayer identification number (TIN). For your protection, this form may show only the last four digits of your TIN (social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN)). However, the issuer has reported your complete TIN to the IRS.

Account number. May show an account or other unique number the filer assigned to distinguish your account.

Box 1. Shows the date of closing.

Box 2. Shows the gross proceeds from a real estate transaction, generally the sales price. Gross proceeds include cash and notes payable to you, notes assumed by the transferee (buyer), and any notes paid off at settlement. Box 2 does not include the value of other property or services you received or will receive. See Box 4.

Box 3. Shows the address or legal description of the property transferred.

Box 4. If checked, shows that you received or will receive services or property (other than cash or notes) as part of the consideration for the property transferred. The value of any services or property (other than cash or notes) is not included in box 2.

Box 5. If checked, shows that you are a foreign person (nonresident alien, foreign partnership, foreign estate, or foreign trust).

Box 6. Shows certain real estate tax on a residence charged to the buyer at settlement. If you have already paid the real estate tax for the period that includes the sale date, subtract the amount in box 6 from the amount already paid to determine your deductible real estate tax. But if you have already deducted the real estate tax in a prior year, generally report this amount as income on the “Other income” line of Schedule 1 (Form 1040). For more information, see Pub. 523, Pub. 525, and Pub. 530.

Future developments. For the latest developments related to Form

1099-S and its instructions, such as legislation enacted after they were published, go to www.irs.gov/Form1099S.

FreeFile. Go to www.irs.gov/FreeFile to see if you qualify for no-cost online federal tax preparation, e-filing, and direct deposit or payment options.

 

VOID

CORRECTED

 

 

 

 

FILER’S name, street address, city or town, state or province, country,

1 Date of closing

 

OMB No. 1545-0997

 

 

 

ZIP or foreign postal code, and telephone number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2021

 

Proceeds From Real

 

 

 

2

Gross proceeds

 

 

Estate Transactions

 

 

 

$

 

 

Form 1099-S

 

 

 

FILER’S TIN

TRANSFEROR’S TIN

 

3

Address (including city, state, and ZIP code) or legal description

Copy C

 

 

 

 

 

 

 

 

 

For Filer

TRANSFEROR’S name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street address (including apt. no.)

 

 

4

Check here if the transferor received or will receive

 

For Privacy Act

 

 

 

property or services as part of the consideration

 

and Paperwork

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reduction Act

 

 

 

5

Check here if the transferor is a foreign person

 

 

 

 

 

Notice, see the

City or town, state or province, country, and ZIP or foreign postal code

 

(nonresident alien, foreign partnership, foreign estate,

 

 

or foreign trust) . . . .

. . . . .

 

2021 General

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Instructions for

Account number (see instructions)

 

 

6

Buyer’s part of real estate tax

 

 

 

Certain Information

 

 

 

$

 

 

 

 

 

Returns.

 

 

 

 

 

 

 

 

 

Form 1099-S

 

www.irs.gov/Form1099S

Department of the Treasury - Internal Revenue Service

Instructions for Filer

To complete Form 1099-S, use:

The 2021 General Instructions for Certain Information Returns, and

The 2021 Instructions for Form 1099-S.

To order these instructions and additional forms, go to www.irs.gov/Form1099S.

Caution: Because paper forms are scanned during processing, you cannot file Forms 1096, 1097, 1098, 1099, 3921, or 5498 that you print from the IRS website.

Due dates. Furnish Copy B of this form to the transferor by February 15, 2022.

File Copy A of this form with the IRS by

February 28, 2022. If you file electronically, the due date is March 31, 2022. To file electronically, you must have software that generates a file according to the

specifications in Pub. 1220. The IRS does not provide a fill-in form option for Copy A.

Foreign transferors. Sales or exchanges involving foreign transferors are reportable on Form 1099-S. For information on the transferee’s responsibility to withhold income tax when a U.S. real property interest is acquired from a foreign person, see Pub. 515.

Need help? If you have questions about reporting on Form 1099-S, call the information reporting customer service site toll free at 866-455-7438 or 304-263-8700 (not toll free). Persons with a hearing or speech disability with access to TTY/TDD equipment can call 304-579-4827 (not toll free).

File Breakdown

Fact Name Description
Purpose The IRS 1099-S form is used to report the sale or exchange of real estate.
Filing Requirement It must be filed by the person responsible for closing the transaction, typically a real estate agent or attorney.
Deadline The form is generally due to the IRS by February 28th (or March 31st if filed electronically) of the year following the transaction.
Information Reported The form includes details such as the seller’s name, the gross proceeds, and the transaction date.
Recipient Copy A copy of the 1099-S must also be provided to the seller or transferor of the property.
Exempt Transactions Not all real estate transactions require a 1099-S; certain exemptions apply, such as transfers between spouses or certain foreclosures.
State-Specific Forms Some states have their own version of the form or additional requirements for reporting real estate transactions.
Governing Laws Each state may have different laws governing the reporting of real estate transactions, such as California's Revenue and Taxation Code.
Penalties If a 1099-S is not filed when required, the responsible party may face monetary penalties imposed by the IRS.
IRS Publication IRS Publication 517 provides additional guidance on the form and details the responsibilities of file individuals.

Guide to Using IRS 1099-S

After preparing your IRS 1099-S form, it's essential to ensure all information is accurate. Once filled out, the form will need to be submitted to the IRS and provided to the involved parties. Timeliness is key, so be sure to complete this form correctly and promptly.

  1. Obtain a blank IRS 1099-S form. You can download it from the IRS website or request a hard copy.
  2. In the top left corner, enter the payer’s information, including name, address, and taxpayer identification number (TIN).
  3. In the top right section, fill out the recipient's information, including name, address, and TIN.
  4. In box 1, report the date of the sale or exchange of the property. This is when the transaction occurred.
  5. In box 2, enter the gross proceeds from the transaction. This should reflect the total amount received by the seller.
  6. Box 3 asks for the property description. Provide a brief but clear description of the property involved.
  7. Complete any additional boxes as instructed, which may include specific details required for your transaction.
  8. Review all information for accuracy. Double-check names, TINs, and numbers.
  9. Sign and date the form in the designated area.
  10. Make copies of the completed form for your records before submitting.
  11. Send the IRS 1099-S form to the IRS by mail or electronically, and ensure the recipient receives their copy.

Get Answers on IRS 1099-S

What is the IRS 1099-S form used for?

The IRS 1099-S form is used to report the sale or exchange of real estate. This form helps the Internal Revenue Service track real estate transactions and ensure that any capital gains taxes are properly reported. If you sell property such as a house, land, or commercial real estate, the person or entity responsible for closing the transaction—typically the title company—will file the form on your behalf.

Who needs to file the 1099-S form?

If you are involved in a real estate transaction where you sell or exchange property, the responsibility to file the 1099-S form usually falls on the closing agent. However, if you are in a unique situation where there is no closing agent, you might need to file the form on your own. In all cases, the seller of the property or the person receiving payment must receive a copy of the form.

What information is included on the 1099-S form?

The 1099-S form contains several key pieces of information, including:

  • The seller's name, address, and taxpayer identification number (TIN)
  • The buyer's information
  • Details of the property sold, including the address and legal description
  • The date of the closing
  • The gross proceeds from the sale

This information is crucial for accurately reporting the transaction to the IRS.

Are there any exemptions for filing the 1099-S form?

Yes, there are specific exemptions where the 1099-S form may not be required. For example:

  • If the sale price is $600 or less
  • Sales between a spouse and a former spouse as part of a divorce settlement
  • Transfers of property between certain relatives, such as parents and children

It's essential to understand whether your transaction qualifies for an exemption to avoid any unnecessary filing.

What are the consequences of not filing a 1099-S form?

Failing to file a 1099-S form when required can lead to several consequences. These may include:

  • Potential fines or penalties imposed by the IRS
  • Difficulty in substantiating your tax returns during audits
  • Increased tax liability if you do not report the income from the sale

To avoid these issues, it’s crucial to ensure that the 1099-S form is filed correctly and for all applicable transactions.

Common mistakes

When filling out the IRS 1099-S form, many individuals make common errors that can lead to complications with their tax filings. One mistake often made is leaving out essential information, such as the taxpayer's identification number. This oversight can delay processing and lead to potential penalties.

Another frequent error is misreporting the sale price. It is crucial to accurately report the gross proceeds from the sale of real estate. Errors in this figure can result in incorrect tax assessments, affecting future returns.

Incorrectly filling in the recipient's name or address is also a common mistake. It is important to ensure that the details match the IRS records to avoid confusion or miscommunication about tax liabilities.

Some filers fail to check the box indicating whether the transaction was a foreclosure or short sale. This is significant information that can affect tax treatment and eligibility for certain deductions.

Omissions in the description of the property sold can also pose problems. Providing insufficient or vague descriptions may prevent the IRS from accurately processing the form, leading to inquiries or audits.

Using the incorrect year on the form is another issue seen frequently. Ensure that all dates reflect the tax year of the transaction. Submitting a form for the wrong year can create unnecessary complications.

Failure to report additional taxable gains can lead to underreporting income. If there were improvements made to the property that subsequently increased its value, these must be documented on the 1099-S.

Another mistake is neglecting to retain a copy of the form for personal records. Keeping a copy is vital for future reference and for substantiating claims during audits.

Some individuals mistakenly believe they do not need to file if they received minimal proceeds from a sale. However, the IRS has specific thresholds that must be met, and it is generally best to file the form regardless of the amount.

Lastly, failing to submit the form on time can lead to penalties. It's crucial to adhere to deadlines to avoid additional fines or complications with the IRS.

Documents used along the form

The IRS 1099-S form is used to report the sale or exchange of real estate. There are several other forms and documents that may often accompany this form, providing additional information or fulfilling other tax requirements. Below is a list of key documents frequently used alongside the IRS 1099-S form.

  • Form 1099-MISC: This form reports miscellaneous income, including payments to independent contractors or rental income. It is often filed by individuals or businesses that have made payments exceeding a certain threshold.
  • Schedule D: This schedule is part of the IRS Form 1040, used to report capital gains and losses from sales and exchanges of assets. When selling real estate, details on capital gain or loss will be reported here.
  • Form 8949: This form is used in conjunction with Schedule D. It provides detailed information on each capital asset sold, including the date of sale, purchase price, and sales price.
  • Settlement Statement (HUD-1): This document outlines the final terms of a real estate transaction. It details all charges and credits for both the buyer and seller, ensuring transparency in the sale process.
  • IRS Form 1098: This form reports mortgage interest paid, which can affect a seller's taxable income. It is provided by lenders to borrowers who have paid interest on a mortgage during the year.

Having these documents prepared and available can facilitate a smooth reporting process and help ensure compliance with tax regulations. It is advisable to keep clear records of all transactions and consult tax professionals if needed.

Similar forms

The IRS 1099-S form is used to report the sale or exchange of real estate. Several other IRS forms share similarities with the 1099-S. Here’s a breakdown of five documents that are alike in purpose and function:

  • IRS 1099-MISC: This form is used to report various types of income received outside of wages, such as rental payments or freelance work. Like the 1099-S, it helps the IRS track income that may not be reported through standard employment channels.
  • IRS 1099-INT: Reporting interest income, the 1099-INT form is similar because it details income received from savings accounts or bonds. Both forms are essential for the IRS in ensuring that all income is accounted for in tax filings.
  • IRS 1099-DIV: This form reports dividends and distributions received by investors. Much like the 1099-S, it contributes to a comprehensive understanding of an individual's earnings, impacting the overall tax obligations.
  • IRS 1099-R: Used for reporting distributions from retirement accounts, the 1099-R is important for tracking income that may come from investments made during one’s working years. Both forms ensure the IRS is aware of asset transfers that can influence tax status.
  • IRS 1099-B: Reporting the sale of securities, the 1099-B form is akin to the 1099-S in that it conveys information about transactions involving capital assets. Proper reporting helps to reflect gains or losses during tax preparation.

Each of these forms plays a crucial role in reporting distinct financial activities. Accurate reporting helps to ensure compliance with tax obligations, ultimately leading to proper tax assessment and avoidance of penalties.

Dos and Don'ts

When filling out the IRS 1099-S form, it's important to do it correctly to avoid any issues later on. Here are some key points to consider:

  • Do provide complete and accurate information about the property transaction.
  • Don't forget to enter the correct seller's name and taxpayer identification number (TIN).
  • Do check that the property address is entered correctly.
  • Don't leave any required sections blank; every part matters.
  • Do ensure the transaction date is accurate.
  • Don't use outdated forms; always use the latest version of the IRS 1099-S form.
  • Do keep copies of the 1099-S for your records.
  • Don't ignore any instructions provided with the form.
  • Do file the form by the deadline to avoid penalties.
  • Don't underestimate the importance of accuracy; mistakes can lead to problems with the IRS.

Misconceptions

Understanding tax documents can sometimes be confusing, particularly with forms like the IRS 1099-S. This document plays a specific role in reporting certain real estate transactions. Here are nine misconceptions surrounding the 1099-S form, clarified for your understanding.

  • 1. Only sellers need to file a 1099-S. Many believe that only the seller of the property is responsible for filing this form. In reality, the form must be filed by anyone involved in the transaction who is responsible for reporting it, not just the seller.
  • 2. The 1099-S is only for sales of primary residences. Some assume this form only applies to the sale of their primary home. However, it is applicable to various real estate transactions, including sales of rental properties, land, and commercial real estate.
  • 3. Filing a 1099-S means you have to pay taxes. There is a common belief that by receiving or filing a 1099-S, one is automatically liable to pay taxes. In fact, this form is primarily for reporting; tax liability depends on a variety of other factors related to the sale.
  • 4. You can ignore the 1099-S if the sale is less than a certain amount. Some people think that small real estate transactions do not need to be reported. This is not true; the 1099-S must be filed regardless of the amount if it meets the reporting requirements.
  • 5. You can file a 1099-S anytime after the transaction occurs. There’s a misconception that timing is flexible. However, the 1099-S must be filed within a specific timeframe after the transaction to ensure compliance with IRS regulations.
  • 6. A 1099-S is only needed for cash transactions. Many wrongly assume that only cash sales require the filing of a 1099-S. All sales of property, whether cash, financed, or otherwise, require proper reporting.
  • 7. You do not need to report if you reinvest the proceeds. Some believe that if they reinvest the proceeds from a sale, they do not have to report it. However, the transaction must still be reported on the 1099-S, regardless of what happens afterward.
  • 8. The IRS does not care about late filings. A common myth is that the IRS will not take notice of late or missing 1099-S forms. In reality, failing to file or submitting the form late can result in penalties.
  • 9. You can file your 1099-S directly with the IRS only. Some think they can submit their 1099-S directly to the IRS without sending copies to other necessary parties. However, copies must go to all parties involved in the transaction, including the recipient, and the IRS simultaneously.

Clearing these misconceptions helps individuals navigate their responsibilities regarding the IRS 1099-S form. Knowing the facts can lead to better compliance and reduce stress during tax season.

Key takeaways

  • The IRS 1099-S form is used to report the sale or exchange of real estate.

  • Both the seller and buyer should keep a copy of the form for their records.

  • Filling out the form correctly is crucial to avoid tax complications later.

  • Report the gross proceeds from the sale of the property on the form.

  • If any adjustments were made, those should be reflected in the total amount reported.

  • Deadlines for submitting the 1099-S to the IRS and the sellers must be observed.

  • Provide accurate taxpayer identification numbers to avoid delays or errors.

  • Consulting a tax professional can help ensure all details are handled properly.