IRS Notice #CP2501 - Sales of Personal Residence $578,000 1099-S

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  • zeros
    Senior Member
    • Dec 2006
    • 921

    #1

    IRS Notice #CP2501 - Sales of Personal Residence $578,000 1099-S

    IRS is inquiring about a 1099-S that they received but is not on client's tax return. $578,000 was the sale amount. This is the client's personal residence that he sold. He took the 121 exclusion of $500,000 after calculating improvements and expenses of sale. There was no reportable gain. I didn't report it. Am I incorrect on this? I would think that IRS doesn't really know that this is a personal residence thats being reported on the 1099-S.
  • Jesse
    Senior Member
    • Aug 2005
    • 2064

    #2
    If a 1099-S is filed the IRS does not know that this is a personal residence and can/should be reported and then the gain subtracted w/ the notation of Section 121 gain on the schedule D. If a loss report with the notation personal loss disallowed. You can follow up with a letter of explanation and should be good.
    http://www.viagrabelgiquefr.com/

    Comment

    • Gary2
      Senior Member
      • Aug 2010
      • 2066

      #3
      I was pretty sure that you always have to report it if you receive a 1099-S, so I checked my most recently downloaded version of Pub. 523, from 2009, and it said you're right, no reporting needed.

      But since it's two years old, I decided to download and check the current version, and guess what, they changed the rules. Just for the heck of it, I checked the 2010 version, and that's the year they changed. I'll admit the current rule is simpler, always report the 1099-S.

      To compensate, closing attorneys aren't required to issue the 1099-S if the seller signs an affidavit asserting they aren't making a profit (or possibly if they're not making more than their exclusion, I'm not sure). I don't know if this is new or connected to the change in the IRS policy.

      Comment

      • joanmcq
        Senior Member
        • Jun 2007
        • 1729

        #4
        If there's a 1099-S, the IRS has no reason to know it qualifies for the exemption.

        The last time I sold a qualified home, during closing the title company had a form you'd sign if it was a personal residence, and then a 1099-s wasn't issued. But that was quite a few years ago.

        Comment

        • Jiggers
          Senior Member
          • Sep 2005
          • 1973

          #5
          Prior rollover?

          Remember that under the old rules regarding the sale of a residence, you reduced the basis by the amount of the gain when you sold a residence and purchased a new residence.

          Be sure that you are calculating the basis correctly when calculating the gain.

          I think the IRS has on their records the information concerning the old rules and the gain that was deferred.

          As others have commented, I always show the sale on Schedule D, zeroed out, just to avoid the CP2000.
          Jiggers, EA

          Comment

          • zeros
            Senior Member
            • Dec 2006
            • 921

            #6
            Additional Information

            I did not have the 1099-S at the time of the preparation of the return. If I did, I probably would have done things differently. This was his first house so there is no prior exclusion.
            Last edited by zeros; 08-15-2012, 09:04 AM.

            Comment

            • Jiggers
              Senior Member
              • Sep 2005
              • 1973

              #7
              Originally posted by zeros
              I did not have the 1099-S at the time of the preparation of the return. If I did, I probably would have done things differently. This was his first house so there is no prior exclusion.
              Sometimes the HUD closing statement has a statement that this is a substitute 1099-S.
              Jiggers, EA

              Comment

              • Gary2
                Senior Member
                • Aug 2010
                • 2066

                #8
                Originally posted by Jiggers
                Sometimes the HUD closing statement has a statement that this is a substitute 1099-S.
                Or a real one is buried in the closing papers, instead of being mailed the following January.

                Comment

                • RLymanC
                  Senior Member
                  • Sep 2005
                  • 653

                  #9
                  1099-S or 1099-B

                  All the same,,,IRS has no idea of the cost basis on a 1099-B, all profit as far as they are concerned, I have always reported any 1099 received.
                  Confucius say:
                  He who sits on tack is better off.

                  Comment

                  • joanmcq
                    Senior Member
                    • Jun 2007
                    • 1729

                    #10
                    The S is almost always buried in the stack of docs received at closing. At least it's always been there when I've sold a property.

                    Comment

                    • DaveinTexas
                      Senior Member
                      • Jan 2006
                      • 731

                      #11
                      Partially correct

                      Originally posted by zeros
                      IRS is inquiring about a 1099-S that they received but is not on client's tax return. $578,000 was the sale amount. This is the client's personal residence that he sold. He took the 121 exclusion of $500,000 after calculating improvements and expenses of sale. There was no reportable gain. I didn't report it. Am I incorrect on this? I would think that IRS doesn't really know that this is a personal residence thats being reported on the 1099-S.
                      Without checking the rules, I thought you did not have to report the sale if it qualified for the 121 exclusion but alas, the IRS states:
                      Do not report the 2011 sale of your main home on your tax return unless:
                      • 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 Form 1099-S.

                      There it is in the last sentence.
                      Circular 230 Disclosure:

                      Don't even think about using the information in this message!

                      Comment

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