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The IRS Form 4797 plays a crucial role for businesses and individuals alike when it comes to reporting the sale or exchange of business property. This form is designed to capture information regarding the disposition of assets, including real estate and other tangible assets used in a trade or business. Alongside reporting gains or losses from these transactions, it helps calculate depreciation recapture, a vital aspect that can significantly impact tax liabilities. This form is also utilized to report the sale of certain partnerships or S corporations. Understanding how to fill out Form 4797 properly can make a significant difference in ensuring compliance with tax regulations, while also maximizing allowable deductions. Taxpayers must carefully consider each section, taking special note of the different types of gains, as well as any losses that may be reported. Completing this form accurately ensures that you meet your reporting obligations while also taking advantage of potential financial benefits related to your property transactions.

Form Sample

Form 4797

 

Sales of Business Property

 

OMB No. 1545-0184

 

 

 

 

 

 

 

 

 

 

 

 

(Also Involuntary Conversions and Recapture Amounts

 

2019

 

 

Under Sections 179 and 280F(b)(2))

 

Department of the Treasury

 

Attach to your tax return.

 

Attachment

Internal Revenue Service

 

Go to www.irs.gov/Form4797 for instructions and the latest information.

 

Sequence No. 27

 

 

 

 

 

 

Name(s) shown on return

 

 

Identifying number

 

 

 

 

 

 

1Enter the gross proceeds from sales or exchanges reported to you for 2019 on Form(s) 1099-B or 1099-S (or substitute statement) that you are including on line 2, 10, or 20. See instructions . . . . . . . . . . .

1

Part I

Sales or Exchanges of Property Used in a Trade or Business and Involuntary Conversions From Other

 

Than Casualty or Theft—Most Property Held More Than 1 Year (see instructions)

 

2

(a) Description

(b) Date acquired

(c) Date sold

(d) Gross

(e) Depreciation

(f) Cost or other

(g) Gain or (loss)

allowed or

basis, plus

Subtract (f) from the

 

of property

(mo., day, yr.)

(mo., day, yr.)

sales price

allowable since

improvements and

 

sum of (d) and (e)

 

 

 

 

 

acquisition

expense of sale

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

Gain, if any, from Form 4684, line 39

3

4

Section 1231 gain from installment sales from Form 6252, line 26 or 37

4

5

Section 1231 gain or (loss) from like-kind exchanges from Form 8824

5

6

Gain, if any, from line 32, from other than casualty or theft

6

7

Combine lines 2 through 6. Enter the gain or (loss) here and on the appropriate line as follows

7

 

Partnerships and S corporations. Report the gain or (loss) following the instructions for Form 1065, Schedule K,

 

 

line 10, or Form 1120-S, Schedule K, line 9. Skip lines 8, 9, 11, and 12 below.

 

Individuals, partners, S corporation shareholders, and all others. If line 7 is zero or a loss, enter the amount from line 7 on line 11 below and skip lines 8 and 9. If line 7 is a gain and you didn’t have any prior year section 1231 losses, or they were recaptured in an earlier year, enter the gain from line 7 as a long-term capital gain on the Schedule D filed with your return and skip lines 8, 9, 11, and 12 below.

8 Nonrecaptured net section 1231 losses from prior years. See instructions

8

9Subtract line 8 from line 7. If zero or less, enter -0-. If line 9 is zero, enter the gain from line 7 on line 12 below. If line 9 is more than zero, enter the amount from line 8 on line 12 below and enter the gain from line 9 as a long-term

capital gain on the Schedule D filed with your return. See instructions

9

Part II Ordinary Gains and Losses (see instructions)

10Ordinary gains and losses not included on lines 11 through 16 (include property held 1 year or less):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11

Loss, if any, from line 7

11

(

)

12

Gain, if any, from line 7 or amount from line 8, if applicable

12

 

 

13

Gain, if any, from line 31

13

 

 

14

Net gain or (loss) from Form 4684, lines 31 and 38a

14

 

 

15

Ordinary gain from installment sales from Form 6252, line 25 or 36

15

 

 

16

Ordinary gain or (loss) from like-kind exchanges from Form 8824

16

 

 

17

Combine lines 10 through 16

17

 

 

18For all except individual returns, enter the amount from line 17 on the appropriate line of your return and skip lines a and b below. For individual returns, complete lines a and b below.

aIf the loss on line 11 includes a loss from Form 4684, line 35, column (b)(ii), enter that part of the loss here. Enter the loss from income-producing property on Schedule A (Form 1040 or Form 1040-SR), line 16. (Do not include any loss on

property used as an employee.) Identify as from “Form 4797, line 18a.” See instructions

18a

bRedetermine the gain or (loss) on line 17 excluding the loss, if any, on line 18a. Enter here and on Schedule 1

(Form 1040 or Form 1040-SR), Part I, line 4

18b

For Paperwork Reduction Act Notice, see separate instructions.

Cat. No. 13086I

Form 4797 (2019)

Form 4797 (2019)

 

 

 

Page 2

Part III

Gain From Disposition of Property Under Sections 1245, 1250, 1252, 1254, and 1255

 

 

 

(see instructions)

 

 

 

 

19

(a)

Description of section 1245, 1250, 1252, 1254, or 1255 property:

 

(b) Date acquired

(c) Date sold

 

(mo., day, yr.)

(mo., day, yr.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A

 

 

 

 

 

 

 

B

 

 

 

 

 

 

 

C

 

 

 

 

 

 

 

D

 

 

 

 

 

 

 

 

These columns relate to the properties on lines 19A through 19D.

Property A

Property B

Property C

Property D

 

 

 

 

 

20

Gross sales price (Note: See line 1 before completing.) .

 

20

 

 

 

21

Cost or other basis plus expense of sale

 

21

 

 

 

22

Depreciation (or depletion) allowed or allowable . . .

 

22

 

 

 

23

Adjusted basis. Subtract line 22 from line 21. . . .

 

23

 

 

 

24

Total gain. Subtract line 23 from line 20

24

 

 

 

25

If section 1245 property:

 

 

 

 

a

Depreciation allowed or allowable from line 22 . . .

 

25a

 

 

 

b

Enter the smaller of line 24 or 25a

25b

 

 

 

26If section 1250 property: If straight line depreciation was used, enter -0- on line 26g, except for a corporation subject to section 291.

a Additional depreciation after 1975. See instructions .

26a

bApplicable percentage multiplied by the smaller of line

24 or line 26a. See instructions

26b

cSubtract line 26a from line 24. If residential rental property

 

or line 24 isn’t more than line 26a, skip lines 26d and 26e

26c

d

Additional depreciation after 1969 and before 1976. .

26d

e

Enter the smaller of line 26c or 26d

26e

f

Section 291 amount (corporations only)

26f

g

Add lines 26b, 26e, and 26f

26g

27If section 1252 property: Skip this section if you didn’t dispose of farmland or if this form is being completed for a partnership.

a

Soil, water, and land clearing expenses

27a

b Line 27a multiplied by applicable percentage. See instructions

27b

c

Enter the smaller of line 24 or 27b

27c

28 If section 1254 property:

 

a Intangible drilling and development costs, expenditures

 

 

for development of mines and other natural deposits,

 

 

mining exploration costs, and depletion. See instructions

28a

b

Enter the smaller of line 24 or 28a

28b

29 If section 1255 property:

 

a Applicable percentage of payments excluded from

 

 

income under section 126. See instructions . . . .

29a

b

Enter the smaller of line 24 or 29a. See instructions .

29b

Summary of Part III Gains. Complete property columns A through D through line 29b before going to line 30.

30

Total gains for all properties. Add property columns A through D, line 24

31

Add property columns A through D, lines 25b, 26g, 27c, 28b, and 29b. Enter here and on line 13

32Subtract line 31 from line 30. Enter the portion from casualty or theft on Form 4684, line 33. Enter the portion from other than casualty or theft on Form 4797, line 6 . . . . . . . . . . . . . . . . . . . .

30

31

32

Part IV Recapture Amounts Under Sections 179 and 280F(b)(2) When Business Use Drops to 50% or Less

(see instructions)

 

 

 

(a) Section

(b) Section

 

 

 

179

280F(b)(2)

33

 

 

 

 

Section 179 expense deduction or depreciation allowable in prior years

33

 

 

34

Recomputed depreciation. See instructions

34

 

 

35

Recapture amount. Subtract line 34 from line 33. See the instructions for where to report . .

35

 

 

Form 4797 (2019)

Document Specifications

Fact Name Description
Purpose The IRS Form 4797 is used to report the sale of business property.
Who Uses It Taxpayers who sell or exchange business assets, including real estate, must fill out this form.
Types of Property This form applies to various types of property, including depreciable assets and real property used in a business.
Part I Information Part I of the form covers the sales, exchanges, and involuntary conversions of assets held for more than one year.
Part II Information Part II deals with the sales of assets held for one year or less.
Gain and Loss Reporting The form allows taxpayers to report both gain and loss from property sales, influencing overall tax liability.
Filing Deadline Taxpayers must submit Form 4797 by the due date of their income tax return, including any extensions.

Steps to Filling Out IRS 4797

After you gather your financial documents, the next step involves accurately filling out the IRS 4797 form. This process will help you report sales and exchanges of business property, ensuring compliance and accuracy in your tax reporting.

  1. Start by entering your name, Social Security number (or Employer Identification Number), and tax year at the top of the form.
  2. Proceed to Part I to report the sale of assets used in your business. List each item sold, including the description, date acquired, and sale price.
  3. Calculate the gain or loss for each item. Subtract the basis (original cost) from the sale price.
  4. Once you have calculated gains and losses, transfer that information to the appropriate lines in Part I.
  5. Move to Part II if you disposed of like-kind exchanges. Fill in the necessary information about these transactions, ensuring to specify whether you realized any gain or loss.
  6. If applicable, fill in Part III for sales of assets that are not like-kind exchanges. Summarize the gains and losses here as well.
  7. In Part IV, report any ordinary gains that are subject to depreciation recapture.
  8. Finally, review your entries for accuracy. Check mathematics, item descriptions, and ensure all required lines are filled out before submitting.

Completing the IRS 4797 form accurately is essential for correctly reporting your financial activities. Take your time to ensure each section is filled out properly to avoid any potential issues with the IRS.

More About IRS 4797

What is the IRS Form 4797 used for?

IRS Form 4797 is primarily used to report the sale of business property. This includes real estate and personal property used in a trade or business. The form helps taxpayers calculate gains or losses from these transactions. When selling a property, the form also helps to determine if the gain is considered ordinary income or capital gain.

Who needs to file IRS Form 4797?

Individuals, partnerships, corporations, and other entities that sell or exchange business property must file Form 4797. If you have sold a building, machinery, or equipment, reporting it on this form is necessary. Even if you don't have a taxable gain, you must still document the sale on your tax return.

When is IRS Form 4797 due?

Form 4797 is due on the date your individual or business tax return is due. For most taxpayers, this usually falls on April 15th for the previous tax year. If additional time is needed, you may file for an extension, which extends the deadline for filing your entire return, including Form 4797.

What information is required to complete IRS Form 4797?

To complete Form 4797, various details about the property must be included. This includes the description of the property, the date of acquisition, the date of sale, and the selling price. Additionally, you will need to report costs associated with the sale and the adjusted basis of the property. It is important to have accurate records to ensure precise reporting.

Common mistakes

  1. Incorrect Property Classification: One common mistake is misclassifying the property being sold or exchanged. Taxpayers may not realize the differences between Section 1245 and Section 1250 property, which can lead to errors in how gains and losses are reported. Make sure to identify whether the property involved is real estate, depreciable property, or something else entirely.

  2. Omitting Required Information: Failing to provide all necessary details, such as the date of acquisition and sale, the amount realized, or the adjusted basis can cause delays or rejections. Every piece of information has importance, so it’s crucial to double-check and ensure nothing is missing before submission.

  3. Ignoring Prior Depreciation: For properties that have been depreciated, taxpayers sometimes overlook reporting the amount of depreciation taken. This has potential tax implications, as it could affect the gain or loss calculation. Be diligent in tracking any depreciation previously claimed on the property.

  4. Failure to Calculate Depreciation Recapture: Sometimes, the calculated gains don’t account for depreciation recapture. This can lead to large discrepancies in tax owed. It’s essential to understand that any gain attributable to depreciation must be recaptured and taxed accordingly.

Documents used along the form

The IRS Form 4797 is utilized to report the sale of business property. Completing this form often involves additional documentation that provides a comprehensive overview of the transactions involved. Understanding these documents can help taxpayers navigate the reporting process more effectively.

  • IRS Form 8949: This form is used to report the sale or exchange of capital assets. Taxpayers fill it out to summarize details about each transaction, including the date acquired and the sale price.
  • Schedule D: Part of the tax return, Schedule D consolidates capital gains and losses from various transactions, including those reported on Form 8949. It aids in calculating the overall taxable gain or loss.
  • IRS Form 4562: This document is necessary when claiming depreciation on business assets. It provides information about the property being sold and the depreciation claimed over the years.
  • Form 1040: The main tax return form filed by individuals, Form 1040 captures the net income after considering all sources of income, including capital gains reported on Form 4797.
  • Form 4797 Schedule C: This schedule outlines details on sales of property used in a trade or business, specifically for property held for less than one year. It categorizes short-term versus long-term gains.

Utilizing these additional forms and documents alongside IRS Form 4797 can streamline the reporting of sales and exchanges of business property. Together, they help ensure clarity and accuracy in financial reporting to the IRS.

Similar forms

The IRS Form 8949 is similar to Form 4797 in that both are used to report sales and exchanges of capital assets. While Form 4797 focuses mainly on the sale of business property and certain types of depreciable assets, Form 8949 deals with the sale of stocks, bonds, and other investments. When individuals sell these assets, they must report capital gains or losses using Form 8949, similar to how business owners report the gains or losses from the sale of their business property on Form 4797. Both forms require detailed information about the asset sold and the financial outcomes of the transactions.

Another related document is Schedule D, which is used in conjunction with Form 8949 to summarize capital gains and losses. Just as Form 4797 provides summary information about the sale of business property, Schedule D offers a recap of all capital asset transactions reported on Form 8949. This makes both documents essential for taxpayers who wish to clearly present their financial activities related to asset sales and understand their overall gain or loss for the tax year.

Form 1065 is relevant for partnerships and also ties into the reporting of financial transactions involving the sale of business property. Similar to Form 4797, Form 1065 allows partnerships to report their income and deductions. When business property owned by a partnership is sold, the gains and losses will need to be recorded through Form 4797, while overall profits are reflected in Form 1065. This connection underscores collaboration in documenting financial activities of partnership entities.

The Schedule C form is used by sole proprietors to report income and expenses related to their business. Both Schedule C and Form 4797 are essential for individuals who run their own businesses and deal with property transactions. When a sole proprietor sells a significant business asset, they must report this sale on Form 4797 to ensure proper documentation of gains or losses, while using Schedule C to detail other business income and expenses. This interaction helps business owners maintain a comprehensive financial record.

Lastly, Form 6252 is important for reporting sales of certain property when payments are received over time, also known as installment sales. This form addresses a specific type of transaction, where tax obligations can be spread across multiple years. Like Form 4797, this form is aimed at reporting gains or losses from the sale of property. Taxpayers who engage in an installment sale must consider both forms where applicable, as they provide different aspects of accounting for asset sales and payments received over time.

Dos and Don'ts

When preparing to fill out the IRS Form 4797, it’s important to approach the process carefully. Here are some essential dos and don’ts that can help guide you:

  • Do read the instructions carefully to understand what is required.
  • Don’t forget to gather all necessary documentation, such as records of sale and asset details.
  • Do use the correct year’s form for accurate reporting.
  • Don’t leave any sections blank; provide all required information.
  • Do report all gains and losses accurately.
  • Don’t rush the process; take your time to ensure accuracy.
  • Do double-check your math for any calculations.
  • Don’t omit any supplemental forms if they are necessary for your situation.
  • Do consult a tax professional if you're unsure about any items on the form.

Misconceptions

The IRS Form 4797 can be confusing for many taxpayers. Let's clarify some common misconceptions that can lead to misunderstandings. Understanding these points can help ensure proper filing and compliance.

  • It applies only to businesses: Many believe that Form 4797 is exclusively for businesses. In reality, it’s also used by individuals who sell or exchange certain types of property.
  • This form is only necessary for real estate transactions: While the form is commonly associated with real estate, it actually applies to a variety of assets, including equipment and other types of property.
  • It cannot be used for loss reporting: Some people think that Form 4797 is solely for reporting gains. However, losses from the sale or exchange of qualifying property can also be reported.
  • Form 4797 is only for immediate sales: Many assume this form can only be used for transactions that occur in the current tax year. In fact, it can also apply to property sold in prior years if there are carryover issues.
  • Only capital gains can be reported: There’s a misconception that this form is exclusively for capital gains. In reality, it includes calculations for both capital gains and ordinary income.
  • Filing is optional if there’s no gain: Some believe that if they don't have any gain to report, they need not file the form. But it’s crucial to report all transactions, even if they result in a loss.
  • The form is the same regardless of the asset: Not everyone knows that there are different sections within Form 4797 that apply to different types of property. It’s essential to fill out the correct section based on the asset type.
  • This form is only for completed transactions: Another false notion is that the form only applies once a transaction is finalized. This isn't always true; for some, it can also involve sales that are ongoing.

Getting these details right is vital for compliance and to avoid issues with the IRS. If you're unsure about your situation or how to complete this form, consider reaching out to a tax professional for guidance.

Key takeaways

The IRS Form 4797 is used to report the sale of business property. Understanding how to fill it out correctly is crucial for accurate tax reporting.

  • Know when to use it: Use Form 4797 if you sell, exchange, or dispose of certain types of property used in your trade or business.
  • Types of property: The form covers both real and personal property, including buildings, machinery, and vehicles.
  • Categorize your transactions: It's important to distinguish between ordinary gains and losses, capital gains and losses, and Section 1231 transactions.
  • Report prior depreciation: Include any depreciation you claimed on the property in previous years when calculating gain or loss.
  • Follow the instructions: Carefully read the form's instructions to understand the specific information required for each section.
  • Be mindful of deadlines: Ensure you submit Form 4797 by the due date of your tax return to avoid penalties.
  • Seek help if needed: If you're unsure about any aspect of the form, consult a tax professional to ensure compliance.