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The IRS 1099-S form plays a crucial role in the documentation of certain transactions involving real estate. Primarily, it is used to report the sale or exchange of real property, which can include residential homes, commercial buildings, and land. This form is vital for both sellers and buyers in ensuring that the Internal Revenue Service (IRS) is informed about gains or losses associated with these transactions. For sellers, the 1099-S is essential as it captures the gross proceeds from the sale and facilitates accurate income tax reporting. Buyers may also find this form relevant, especially when calculating basis for future sales or exchanges. The form necessitates careful attention to detail, requiring information such as the property’s address, the date of the transaction, and the roles of involved parties. Additionally, the 1099-S form must be filed by the closing agent or the party responsible for closing the transaction, typically within a strict time frame, to comply with IRS regulations. Understanding the nuances of this form is therefore paramount for anyone engaged in real estate transactions, as failing to file or report accurately can lead to complications, including potential penalties.

Form Sample

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).

Document Specifications

Fact Name Description
Purpose The IRS 1099-S form reports the sale or exchange of real estate.
Who Uses It Real estate brokers, closing agents, and individuals involved in a real estate transaction may use this form.
Filing Deadline The form must be filed with the IRS by February 28 if submitted on paper, or by March 31 if filed electronically.
Recipient Copies Copy B of the 1099-S must be provided to the seller by the filing deadline.
Threshold Amount You must file a 1099-S for sales exceeding $600 in any tax year.
State Variations Some states require their own versions of the 1099-S, following specific state laws for reporting.
Capital Gains Reporting Sellers may need to report capital gains tax based on the sale price indicate on the 1099-S.
Exceptions Certain transactions, like transfers between spouses or for non-profit organizations, may be exempt.
Governing Laws The governing laws regarding state-specific reporting can vary; consult the particular state’s tax guidelines.
Online Availability The IRS 1099-S form and instructions are available for download on the IRS website.

Steps to Filling Out IRS 1099-S

Completing the IRS 1099-S form is an important task that helps you report certain real estate transactions. After filling out the form, you will submit it to the IRS and provide copies to the relevant parties, ensuring compliance with tax regulations. Here are the steps you need to follow:

  1. Gather Necessary Information: Collect all relevant details about the transaction, such as seller information, buyer information, and property description.
  2. Obtain the Form: Download the IRS 1099-S form from the IRS website or acquire a hard copy from an authorized provider.
  3. Fill Out Payer's Details: Enter your information as the payer, which includes your name, address, city, state, ZIP code, and taxpayer identification number (TIN).
  4. Enter Recipient's Information: Fill in the recipient's name, address, and TIN. This is typically the seller of the property.
  5. Describe the Property: Provide a detailed description of the property sold, including its address and any relevant details required by the IRS.
  6. Include Transaction Information: Report the date of the transaction, the gross proceeds from the sale, and any applicable adjustments.
  7. Sign and Date the Form: Sign and date the form to certify that the information provided is accurate and complete.
  8. Distribute Copies: After completing the form, provide a copy to the recipient and submit the original to the IRS.
  9. Keep a Copy for Your Records: Retain a copy of the filled form for your personal records in case of any future inquiries.

By following these steps carefully, you can complete the IRS 1099-S form accurately and ensure that you meet all necessary requirements.

More About IRS 1099-S

What is the IRS 1099-S form?

The IRS 1099-S form is used to report the sale or exchange of real estate property. This includes the sale of a home, land, or any other real property. The form captures important details regarding the transaction, including the gross proceeds from the sale.

Who needs to file a 1099-S form?

Generally, any person or entity that sells real estate must file a 1099-S form. This includes individuals, partnerships, corporations, and estates. Additionally, title companies and real estate brokers often file this form on behalf of the seller.

When is the 1099-S form due?

The deadline for filing the 1099-S form is January 31 of the year following the sale or exchange of the property. If you file electronically, the deadline may vary, so it’s essential to stay updated on IRS requirements.

What information do I need to complete the 1099-S form?

You will need to provide the seller's name, address, and taxpayer identification number (TIN). Additionally, include the last known address of the property, the date of sale, and the gross proceeds received from the transaction.

Are there penalties for not filing the 1099-S form?

Yes, there can be penalties if you fail to file the 1099-S form when required, or if you provide incorrect information. The penalties may vary based on how late the form is filed and the circumstances surrounding the error.

What if I sold my property at a loss?

Even if you sold your property at a loss, you are still required to file a 1099-S form. The form must accurately reflect the gross proceeds from the sale, regardless of whether that amount was a gain or a loss.

Can I e-file the 1099-S form?

Yes, the IRS allows e-filing for the 1099-S form. Many taxpayers find it convenient to file online through authorized e-file providers. Check the IRS website for approved software options and further guidance.

What should I do if I receive a 1099-S form but I did not sell any property?

If you receive a 1099-S form in error, contact the issuer of the form immediately for clarification. You may need to file a corrected form to notify the IRS that you were not involved in the transaction.

Can the 1099-S form be amended?

If you discover an error after filing the 1099-S form, you can submit a corrected version. Ensure that you follow the proper procedure for amendments as outlined by the IRS to comply with reporting requirements.

Common mistakes

  1. Incorrect Taxpayer Identification Number (TIN): One common error involves entering the wrong Taxpayer Identification Number. This number is crucial for the IRS to track income and ensure proper tax reporting. Double-checking this number helps avoid delays or complications.

  2. Omitting Required Information: Many people forget to include key details like the seller's address or the property description. Each piece of information plays an important role in processing the form accurately, so leaving anything out can lead to issues with the IRS.

  3. Misclassifying the Type of Transaction: It’s essential to correctly identify whether the transaction is a sale, exchange, or other types of real estate transactions. Misclassifying this can affect the tax implications for both parties involved.

  4. Failing to Sign and Date the Form: While it may seem minor, not signing and dating the form can render it incomplete. The IRS requires this action to validate the submission, ensuring that the information is acknowledged by the sender.

Documents used along the form

The IRS 1099-S form is used to report the sale or exchange of real estate. This form plays a crucial role in tax reporting for individuals and entities involved in real estate transactions. To accompany the 1099-S, there are several other forms and documents that are frequently needed. These additional documents help ensure thorough record-keeping and compliance with tax regulations.

  • IRS Form 1040: This is the standard individual income tax return form. The income reported on the 1099-S must be included on the Form 1040, ensuring that taxpayers accurately declare their earnings, including capital gains from real estate sales.
  • IRS Form 8949: This form is used to report capital gains and losses from the sale of assets, including real estate. Taxpayers can detail their transactions here, which aids in calculating the adjusted amount to report on their tax returns.
  • IRS Schedule D: This is a supplemental form used to report capital gains and losses. It summarizes the information from Form 8949 and helps taxpayers calculate their total capital gains, which are essential for determining tax liability.
  • Closing Statement (HUD-1 or Closing Disclosure): This document outlines the final details of a real estate transaction. It provides essential information about the sale, including the selling price, closing costs, and any adjustments, which are important for accurate reporting on tax forms.
  • Real Estate Transfer Tax Form: This form varies by state and assists in reporting transfer taxes due when property changes ownership. It is generally filed at the time of the transaction and may be required to be submitted along with the 1099-S.

Understanding these related forms and documents is essential for anyone involved in real estate transactions. They serve to provide a comprehensive view of the financial implications of property sales and ensure compliance with IRS regulations.

Similar forms

The IRS Form 1099-MISC is a commonly used document that serves to report various types of income received by individuals or businesses. Much like the 1099-S, which reports real estate transactions, the 1099-MISC details payments made to vendors or contractors. The primary similarity lies in the purpose of reporting income to the IRS to ensure proper taxation. Both forms require the sender to provide specific information about the recipient, such as their name, address, and taxpayer identification number. This facilitates transparency and compliance with tax laws.

Another related form is the 1099-INT, which reports interest income earned throughout the year. Just as the 1099-S tracks proceeds from a real estate sale, the 1099-INT tracks the income generated from interest-bearing accounts. Recipients of both forms must include this income when filing their taxes. Both documents aim to provide necessary information to the IRS about the financial activities of taxpayers, enabling the agency to monitor compliance effectively.

The 1099-DIV form is issued to report dividends and distributions from investments. Similar to the 1099-S's role in real estate transactions, the 1099-DIV informs the IRS of earnings that taxpayers are required to report. Both forms help classify income for tax purposes, ensuring that individuals fulfill their obligations and the government collects the revenue it is due. This further supports the integrity of the overall tax system.

The 1099-G form is important as it reports unemployment compensation and state tax refunds. While the 1099-S concerns real estate sales, the 1099-G manages different types of income that often affect a taxpayer's financial standing. Both forms share a commonality in that they provide crucial information to the taxpayer and the IRS, ensuring proper reporting and minimizing discrepancies during tax assessments.

An additional form is the 1099-R, which pertains to distributions from retirement plans. Similar to how the 1099-S is used to report the sale of a property, the 1099-R details funds withdrawn from retirement accounts. These forms, while distinct in the type of income they report, share the fundamental purpose of informing taxpayers and the IRS about income that may be taxable, facilitating compliance with tax regulations.

The 1099-C form, which reports cancellations of debt, serves another purpose related to income reporting. If a debt is forgiven or canceled, the creditor issues a 1099-C, which has implications for tax liability similar to those associated with the sale of real estate reported on Form 1099-S. Both documents reflect income that may not be received in cash but nonetheless affects the financial status of the recipient, ensuring tax obligations are met.

The 1099-K form is specific to payment card and third-party network transactions. Businesses or individuals receiving payments through platforms like PayPal or credit card processing will receive this form, documenting their income from transactions. The similarity with Form 1099-S lies in the requirement both forms have for reporting income, thereby assisting the IRS in monitoring how much money flows into various sectors of the economy.

The 1099-LTC is issued for long-term care benefits, reporting amounts received from insurance policies. Though it covers a different facet of financial transactions, it reinforces the principle of income reporting as seen in the 1099-S. Both forms help clarify the tax implications for the recipient and support the structure of the tax system by creating a transparent channel of information for the IRS.

Finally, the 1099-B form is crucial for reporting proceeds from broker and barter exchange transactions. Similar to the 1099-S, it captures income that results from sales transactions, particularly in securities. Both forms share the function of documenting revenue for the IRS, ensuring the accuracy and completeness of a taxpayer's return. By doing so, these documents contribute to a fair and equitable tax system.

Dos and Don'ts

When filling out the IRS 1099-S form, there are certain guidelines to follow to ensure accuracy and compliance. Below is a list of things to do and to avoid when completing this form.

  • Do gather all necessary information beforehand, including details about the transaction and the parties involved.
  • Do double-check your spelling and figures to prevent errors that could lead to delays or complications.
  • Do ensure you understand the reporting thresholds for real estate transactions, as it can impact whether you need to file.
  • Do provide the correct taxpayer identification numbers (TINs) for all parties to avoid issues with processing.
  • Don't forget to file the form by the required deadline to avoid penalties.
  • Don't leave any required fields blank; this could result in your form being rejected.
  • Don't assume you don't need to file just because there were losses; report whenever a transaction occurs.

By following these guidelines, you can navigate the process of filling out the 1099-S form smoothly. Remember, accuracy is key to avoiding future complications with the IRS.

Misconceptions

The IRS 1099-S form is often misunderstood. Below are some common misconceptions about this form, along with clear explanations to help clarify.

  • Misconception 1: The 1099-S is only for real estate sales.
  • While the 1099-S is primarily used for reporting real estate transactions, it can also apply to certain types of property, including sales of easements or other real property interests.

  • Misconception 2: Only real estate agents need to file a 1099-S.
  • Anyone involved in the transaction, such as the seller or purchaser, may be required to handle the form. It's essential to know your role in the transaction.

  • Misconception 3: The form is only necessary for the IRS's records.
  • The 1099-S is also important for individuals involved in the transaction. It can affect personal tax obligations and reporting requirements.

  • Misconception 4: Filing the 1099-S is optional.
  • In many cases, it is mandatory to file this form when required by the IRS. Failing to do so could result in penalties.

  • Misconception 5: There is no need to keep records after filing.
  • It is wise to keep documents related to the transaction for several years. These records can be useful if the IRS has questions later.

  • Misconception 6: The 1099-S affects all property sales equally.
  • Not all property transactions require a 1099-S. Certain exemptions may apply, depending on the specific details of the sale.

  • Misconception 7: If I receive a 1099-S, I will owe taxes automatically.
  • The receipt of a 1099-S does not automatically mean you owe taxes. It informs you about potential taxable gains, but deductions and exclusions may exist.

Key takeaways

The IRS 1099-S form plays a significant role when it comes to reporting real estate transactions. Understanding how to fill it out correctly is crucial for both buyers and sellers. Here are some key takeaways to keep in mind.

  • Purpose of the Form: The 1099-S form is primarily used to report the sale or exchange of real estate. It helps the IRS track capital gains from these transactions.
  • Who Must File: Generally, the person responsible for closing the sale is required to file this form. This can be a title company, attorney, or real estate agent.
  • Information Required: Make sure to include essential details such as the seller’s name, address, Social Security number or Employer Identification Number, and the gross proceeds from the sale.
  • Filing Deadline: The form must be filed with the IRS by the last day of February if filed on paper, or by March 31 if filed electronically. Be mindful of these deadlines to avoid penalties.

Keep these points in mind while handling the IRS 1099-S form. A well-completed form is essential for avoiding misunderstandings with the IRS and ensuring compliance.