Any reason to include a non-reported sale with no gain on return

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  • JBP
    Member
    • Feb 2019
    • 33

    #1

    Any reason to include a non-reported sale with no gain on return

    My client's father gave his condo to his three daughters (he's still alive). They sold it for essentially the same price that he originally purchased it for. My client and her two sisters each received 1/3 of proceeds.

    With no 1099-S issued, and no gain, is there any reason to report this on her return?

    For some reason I'm just not thinking clearly on this one. Maybe because it's April 9.

    Thanks.
  • ATSMAN
    Senior Member
    • Jul 2013
    • 2415

    #2
    If there was no personal use of this condo then it can be claimed as an investment property and the cost of sale (attorney, RE sales commission, tax and transfer fees) can be added to basis to create a small loss on sale. then a 8949 is required.
    Taxes after all are the dues that we pay for the privileges of membership in an organized society. - FDR

    Comment

    • Uncle Sam
      Senior Member
      • Jul 2006
      • 1462

      #3
      What about the father filing Form 709 - to report the transfer of value to the daughters for gift tax purposes? That will at least establish a value for "basis" since it's cost basis even though FMV is used for gift tax value.
      Last edited by Uncle Sam; 04-10-2019, 06:38 AM.
      Uncle Sam, CPA, EA. ARA, NTPI Fellow

      Comment

      • kathyc2
        Senior Member
        • Feb 2015
        • 1947

        #4
        Unless all three indicated that they lived there as their principal residence, they should have received a 1099S. A lot of times title companies will not send the 1099S in January, but enclose it as part of the closing documents. What is the big deal about reporting it to stave off an IRS inquiry if a 1099S was correctly issued?

        Comment

        • Burke
          Senior Member
          • Jan 2008
          • 7068

          #5
          I agree. They may think they did not receive a 1099-S but the closing agent is required to send them to the IRS. They should have been required to furnish SSN's. Are you sure he actually transferred the title before sale? Or was it sold still in his name? Do you have the settlement statement? .

          Comment

          • kamckinley
            Senior Member
            • Apr 2008
            • 178

            #6
            Unless it's a personal residence, aren't you required to report it, 1099-S or not? It wouldn't have even entered my mind to not report this transaction on a client's tax return.

            Comment

            • spanel
              Senior Member
              • Oct 2008
              • 845

              #7
              Why would you NOT report this. What do you have to gain by not reporting it?? Lower prep fees? Whats to lose? IRS audit?

              Form or not, you know they have an obligation to report it, its on YOU if you dont report it at this point.

              As well, was the Gift tax return filed to establish basis?

              Chris

              Comment

              • JBP
                Member
                • Feb 2019
                • 33

                #8
                Thank you -- I asked for reasons and received them!

                I have the settlement and basis documentation, and had already done the leg work to see that it was all in her name and that the transaction zeroes out. The sales I typically handle are clearly personal residences or business property, so this inherited condo twist had me second guessing for a minute.

                Comment

                • TAXNJ
                  Senior Member
                  • Jan 2007
                  • 2106

                  #9
                  Originally posted by spanel
                  Why would you NOT report this. What do you have to gain by not reporting it?? Lower prep fees? Whats to lose? IRS audit?

                  Form or not, you know they have an obligation to report it, its on YOU if you dont report it at this point.

                  As well, was the Gift tax return filed to establish basis?

                  Chris
                  Wow. What are your comments based on? The Poster is asking a fair question like you have in the past and deserves replies that are respective as you would.
                  Last edited by TAXNJ; 04-10-2019, 05:29 PM.
                  Always cite your source for support to defend your opinion

                  Comment

                  • spanel
                    Senior Member
                    • Oct 2008
                    • 845

                    #10
                    Originally posted by TAXNJ

                    Wow. What are your comments based on? The Poster is asking a fair question like you have in the past and deserves replies that are respective as you would.
                    What exactly was wrong with what I posted?

                    He asked is there a reason NOT to include it. I gave him several reasons otherwise.

                    If someone walked in your office and said I made $10,000 self employment income, but no 1099M. Would we not have the same response if the OP was to ask do we need to report this???

                    Chris

                    Comment

                    • TAXNJ
                      Senior Member
                      • Jan 2007
                      • 2106

                      #11
                      Originally posted by spanel

                      What exactly was wrong with what I posted?

                      He asked is there a reason NOT to include it. I gave him several reasons otherwise.

                      If someone walked in your office and said I made $10,000 self employment income, but no 1099M. Would we not have the same response if the OP was to ask do we need to report this???

                      Chris
                      No. Not with your type of reply comments
                      Always cite your source for support to defend your opinion

                      Comment

                      • spanel
                        Senior Member
                        • Oct 2008
                        • 845

                        #12
                        Originally posted by TAXNJ

                        No. Not with your type of reply comments

                        Comment

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