Form 1099-S (2024)

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Form 1099-S (1)

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. To avoid violating IRS reporting rules, the lender or agent may send you a 1099-S even if you qualify for the taxable gain exclusion. The gross proceeds from the sale of your home appear in Box 2 of the form.

Form 1099-S (2)

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Form 1099-S (3)

By Harding Bell International

We're a well-established tax and accounting, mortgage, and financial advisory firm operating since 2000. We serve our clients from three Central Florida locations. Our expertise extends to both domestic and international concerns when it comes to investing and doing business in Florida and beyond.

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Auburndale Office
Harding Bell International, Inc.
113 Pontotoc Plaza
Auburndale, FL 33823-3439

Kissimmee Office
Harding Bell International, Inc.
8687 West Irlo Bronson Memorial Hwy, Ste 206
Kissimmee, FL 34747

Lakeland Office
Harding Bell International, Inc.
114 Palmola Street
Lakeland, FL 33803

Lake Wales Office
Harding Bell International, Inc.
29 State Road 60 West
Lake Wales, FL 33853

Longwood Office
Harding Bell International, Inc.
710 Miami Springs Dr Ste 100
Longwood, FL 32779

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As a seasoned expert in tax law and real estate transactions, I bring a wealth of knowledge and hands-on experience to the table. With a track record of navigating the intricacies of federal tax regulations and a deep understanding of the real estate market, I can shed light on the critical aspects of the information provided in the article.

The article discusses the mandatory filing of Form 1099-S, Proceeds from Real Estate Transactions, by lenders or real estate agents when selling a home. I can attest to the accuracy of this requirement, rooted in federal tax law. This regulation ensures that the IRS is informed about real estate transactions, preventing tax evasion and promoting transparency in financial dealings.

One key concept emphasized in the article is the taxable gain exclusion. Homeowners may qualify for an exclusion of the taxable gain from the sale on their income tax return. However, the article warns that even if homeowners meet the exclusion criteria, lenders or agents may still send them a Form 1099-S to comply with IRS reporting rules. This nuance underscores the importance of understanding the regulations in detail to avoid unnecessary confusion or potential issues during tax filing.

The article mentions Box 2 of Form 1099-S, where the gross proceeds from the sale of the home are reported. This specific box is crucial for homeowners to review when they receive the form, as it directly impacts their taxable income. An in-depth understanding of these form details is essential to ensure accurate reporting and compliance with IRS requirements.

Moreover, the inclusion of contact information for Harding Bell International adds credibility to the article. Harding Bell International is presented as a well-established tax and accounting firm, further reinforcing the reliability of the information provided. It's essential to recognize reputable sources when seeking guidance on complex matters such as tax law and real estate transactions.

In conclusion, the article effectively outlines the IRS requirements for reporting real estate transactions, highlighting potential scenarios where homeowners may receive Form 1099-S despite qualifying for a taxable gain exclusion. This information is valuable for individuals navigating the sale of their homes and underscores the importance of seeking expert advice to ensure compliance with tax regulations.

Form 1099-S (2024)

FAQs

Will the IRS catch a missing 1099-s? ›

The IRS knows about any income that gets reported on a 1099, even if you forgot to include it on your tax return. This is because a business that sends you a Form 1099 also reports the information to the IRS. The IRS cross-references tax returns with other income records that businesses submitted.

What gets reported on a 1099-s? ›

Transactions reported on Form 1099-S include the following:
  • land, whether improved or unimproved;
  • a permanent building;
  • a condominium, including it's fixtures and land;
  • stock in a section 216 cooperative housing corporation;
  • a non-contingent interest in standing timber, e.g., royalties under a pay-as-cut contract.
Dec 28, 2023

What happens if you don't report a 1099-S? ›

If you fail to file any type of 1099 form, the IRS can technically start issuing penalties starting at $250 per failure to those who don't follow through with this requirement (that is, if they ever find out about it).

What if 1099-s is incorrect? ›

You'll address the discrepancy on your tax return on line 21, or on a Schedule C. You will need to show the client reported an erroneous amount on your 1099 and attach a statement to explain the difference. In your statement, include the amount reported, the difference, and the correct amount.

Do I have to report a 1099-S on my tax return? ›

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.

Do you always get a 1099-s when you sell your house? ›

The primary residence exemption for filing a Form 1099-S only applies when you provide written assurances that the property sold was your main home. However, the Form 1099-S may still be issued, even if the exemption applies. It is just not required.

Why did I get a 1099-s when I sold my 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.

Who is exempt from 1099-s reporting? ›

Additionally, a 1099S is not required for the sale or exchange of a principal residence with gross proceeds of $250,000 or less ($500,000 or less for married filing jointly) if an acceptable written assurance (certification) from the seller is obtained that indicates the full gain is excludable from the seller's gross ...

Do I have to report the sale of my home to the IRS? ›

If you receive an informational income-reporting document such as Form 1099-S, Proceeds From Real Estate Transactions, you must report the sale of the home even if the gain from the sale is excludable. Additionally, you must report the sale of the home if you can't exclude all of your capital gain from income.

How much can you make on a 1099 before you have to claim it? ›

What Is the 1099 Form Used for? The 1099 form is used to report non-employment income to the Internal Revenue Service (IRS). Businesses are typically required to issue a 1099 form to a taxpayer (other than a corporation) who has received at least $600 or more in non-employment income during the tax year.

Can you amend a 1099 s? ›

If you accidentally submitted a form that reported wrong dollar amounts, and the IRS has accepted the file, you can file a separate correction form to correct the IRS records.

Can you sue someone for incorrect 1099? ›

IRC § 7434 is entitled, “Civil Damages for Fraudulent Filing of Information Returns.” This section of the Internal Revenue Code allows you to sue someone who issued you a fraudulent W-2 or 1099.

How do I void a 1099 S? ›

1099 Not Sent to IRS
  1. Mark the "Void" box on the inaccurate 1099 form. ...
  2. Report the correct information for the 1099 you marked as void. ...
  3. Prepare IRS Form 1096, Annual Summary and Transmittal of U.S. Information Returns. ...
  4. Submit both the voided and correct 1099 forms to the IRS with Form 1096.

Is 1099-S included in closing documents? ›

This form will assist the title company in determining whether the sale or exchange of the property should be reported to the IRS on Form 1099-S. A copy of the 1099 certification form is presented to the sellers at closing.

What payments are reportable on a 1099? ›

Reporting Payments on 1099 Forms

These may include: fees, commissions, other forms of compensation for services (to the extent not reported on Form W–2), interest, rent, royalties, prizes, awards, and "gross proceeds" connected with legal services.

Who usually sends 1099-s? ›

The purpose of Form 1099-S is to provide information to the Internal Revenue Service (IRS) about the proceeds from real estate transactions. It is typically filed by the person or entity responsible for closing the transaction, such as the settlement agent, closing agent, or real estate attorney.

What is a 1099-S substitute proceeds from real estate transactions? ›

Who Files Substitute Form 1099-S? Substitute Form 1099-S is called the Proceeds From Real Estate Transactions. If you are responsible for the transaction closure, you must file this form. However, there is the possibility to designate the individual required to complete it in a written agreement.

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