Understanding Real Estate Transactions: 1099-S Instructions - Welcome to 1099-etc. Your all inclusive payroll suite! (2024)

If you’ve recently participated in a real estate transaction, you’re likely in need of 1099-s instructions. The 1099-s, or the version of the form used for Proceeds from Real Estate Transactions, is used when reporting the sale, purchase, or transfer of real estate property. However, like many versions of the 1099, figuring out this form can be tricky. If you’re in need of instructions for this form, the IRS resource can help. Below, however, you’ll find the most important information distilled for your convenience.

As always, completing a 1099 is never easy. If you’re looking for 1099-s instructions, you may also be in need of a filing tool. Our base platform, a 1099/W-2 forms filer, is just what you need to quickly and accurately fill out and file any number of forms, no matter which type of 1099 you need. This software platform supports all W-2s, 1099s, 1098s, and 5498 forms. See our customer support page for a full list of supported forms.

1099-S Instructions and Tips

Form 1099-S has six sections, all of which concern whichever transaction took place. Those preparing the form will need to include the date of closing and the gross proceeds from the sale, as well as the property’s address and whether the transferor will receive any property or services. You must also indicate the status (nonresident, foreign partnership, foreign real estate, or foreign trust) of the property and buyer, plus the buyer’s part of the real estate tax. In all, preparing the form shouldn’t take more than a few minutes, but you’ll need to have your information correct.

Who is the Transferor?

Many places on a 1099-S form indicate the need for information regarding the transferor. This language does not appear in other types of 1099 forms, you some may not know the terminology. When you’re filing out a 1099-s form, a transferor is any person responsible for closing a real estate transaction. Sometimes, the transferor is responsible for filling out the form, while other times, the mortgage lender is responsible for filling it out. If you do accounting work for either of those businesses, you will need to understand who holds responsibility for each transaction.

Additional Resources from AMS

The form 1099-s instructions are straightforward but requesting help points up the need for greater support. Advanced Micro Solutions has a full, dedicated 1099 FAQ for more specific questions. However, for more tips and solutions for filling out form 1099-S, check out our 1099-S general information guide. We’ll walk you through the most important parts of this common form.

As always, dealing with real estate transactions requires nuance. With the right software solution, you’ll be able to efficiently and accurately complete the Proceeds from Real Estate Transactions form. Our menu-driven platform offers a range of data management features that make 1099 filing more reliable. Plus, users can print tables, worksheets, client letters, and recipient lists right from the software, which may be especially useful for real estate transactions. We know that following the 1099-s instructions is just half the battle. The other half is finding a filing solution that works.

Software Solutions from AMS

Our W-2 and 1099 Forms Filer is our only required platform. From there, users pick the services they need. Choose from the tools below to build out your customized accounting software.

Understanding Real Estate Transactions: 1099-S Instructions - Welcome to 1099-etc. Your all inclusive payroll suite! (2024)

FAQs

What is a 1099-s real estate? ›

Form 1099-S is used to report the sale or exchange of present or future interests in real estate. It is generally filed by the person responsible for closing the transaction, but depending on the circ*mstances it might also be filed by the mortgage lender or a broker for one side or other in the transaction.

How does a 1099-S affect my taxes? ›

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. The IRS doesn't allow you to deduct a loss since it's personal-use property.

What happens if I don't report 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).

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 ...

Is 1099-S included in closing documents? ›

A copy of the 1099 certification form is presented to the sellers at closing. There are a few criteria to keep in mind including the sales price for an individual seller and for a married couple.

How bad does a 1099 affect my taxes? ›

1099 contractors pay the full 15.3% from the money they earn. They also need to file quarterly estimated tax payments and pay quarterly estimated federal and state taxes.

How do I know if I should get a 1099-s? ›

If you've had any involvement with buying or selling property during the tax period, you'll either issue or receive a 1099-S. Federal tax law requires that lenders or real estate agents file this form in the event of these occurrences: The sale of your primary residence, timeshare, or vacation home.

What is the difference between a 1099 B and a 1099-S? ›

Filing these forms requires detailed information about the transactions, including dates, amounts, and participant details. For 1099-S, this might include the date of closing and sale price. 1099-B requires details of the transaction, such as acquisition and sale dates and cost basis.

Who usually prepares the 1099-S reporting form? ›

Generally, the person responsible for "closing" a reportable transaction is required to file Form 1099-S. However, determining who is responsible for "closing" the transaction can differ depending on the specific facts of the transaction.

Who would I receive a 1099-S form? ›

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.

Can I print my own 1099-S forms? ›

Can I print my own 1099-S forms? You can print all copies on regular white paper except for "Proceeds From Real Estate Transactions Copy A For Internal Revenue Service Center", you need to print it on pre-printed forms.

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

Depending on who handles the closing of a property sale in your state you may or may not receive a Form 1099-S. Speak to your closing attorney or realtor to see if a 1099-S is being sent. But do not request one if not needed.

What happens if I don't claim my 1099 income? ›

Key Takeaways

Businesses that send you a Form 1099 are also required to send the same information to the IRS. So, if you don't include reportable income on your tax return, the system that matches tax returns to the information in the IRS systems will likely flag your tax return for further evaluation.

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

Report the sale or exchange of your main home on Form 8949, Sale and Other Dispositions of Capital Assets, if: You have a gain and do not qualify to exclude all of it, You have a gain and choose not to exclude it, or. You received a Form 1099-S.

Is 1099S required for an estate sale? ›

Sellers of real property, under guidelines established by the I.R.S., are required to have the dollar amount of their gross proceeds from the sale reported on a Form 1099S.

How to avoid paying capital gains tax on inherited property? ›

Here are five ways to avoid paying capital gains tax on inherited property.
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

Do you issue 1099S to estates? ›

If you made the payment after the year of death, do not report it on Form W-2 and do not withhold social security and Medicare taxes. Whether the payment is made in the year of death or after the year of death, you must also report the payment to the estate or beneficiary on Form 1099-MISC.

Is a 1099-S for inherited property? ›

Often you will receive a Form 1099-S reporting this sale. Usually, when you inherit a home and it is sold right away, there is little to no gain. However, you will still need to report it on the Stocks or Investments Sold screens in our software. The cost basis is the fair market value of the home on the date of death.

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