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    Related person sale loss

    I have a client who is looking to sell residential rental property to a related person in 2016. I understand that any loss is not deductible and any gain is taxed at ordinary tax rate vs capital gain rate. My questions is on which form(s) do I indicate that the sale is between related persons?

    #2
    Form 4797 Part II

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      #3
      Originally posted by mactoolsix View Post
      Form 4797 Part II
      Mac isn't that for a business sale.

      google: Sale of Residence - Real Estate Tax Tips - IRS.gov
      Don't believe the don't have to report the sale, if you don't the IRS will ask for documents. Report on Sch D and if a loss, back it out
      Believe nothing you have not personally researched and verified.

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        #4
        selling residential RENTAL property, isn't rental property the sale of a business? I'm thinking you can't sell on an installment sale to a related party.

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          #5
          Originally posted by taxea View Post
          Mac isn't that for a business sale.
          Form 4797 is used for the sale of depreciable rental property. Since it is a related party transaction, the sale must be reported as normal income (no capital gain treatment) on Part II

          TAXMOM - yes, you are correct, you cannot use an installment sale with related party transactions.

          Mike

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            #6
            Originally posted by mactoolsix View Post
            Form 4797 is used for the sale of depreciable rental property. Since it is a related party transaction, the sale must be reported as normal income (no capital gain treatment) on Part II

            TAXMOM - yes, you are correct, you cannot use an installment sale with related party transactions.

            Mike
            Mike...my bad...I missed the "rental" part of the post. Must have read it before I had my coffee.
            Believe nothing you have not personally researched and verified.

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