1099 Forms › What is Form 1099-S? Real Estate Transaction Reporting
Form 1099-S (Proceeds From Real Estate Transactions) is used to report the sale or exchange of real estate. The form is filed by the person responsible for closing the transaction, typically a title company, attorney, or real estate broker.
Form 1099-S must be filed by the person responsible for closing the real estate transaction. This is typically:
The form is required when gross proceeds from the sale of real estate are $600 or more.
| Box | Description |
|---|---|
| 1 | Date of closing |
| 2 | Gross proceeds |
| 3 | Address or legal description of property |
| 4 | Checkbox: Transferor received or will receive property or services as part of the consideration |
| 5 | Checkbox: Transferor is a foreign person |
| 6 | Buyer's part of real estate tax |
Form 1099-S is not required for certain transactions, including:
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Real estate transaction closes
Title company or attorney
Reports gross proceeds
Copies distributed
Yes, if you sell your principal residence and meet certain conditions, you can provide a certification to the closing agent that allows them to skip filing Form 1099-S. You must certify that:
Box 2 reports the gross proceeds from the real estate transaction, which is the total sale price before any deductions. This includes the cash received, the fair market value of any property or services received, and any liabilities assumed by the buyer. It does not subtract selling expenses, commissions, or the seller's basis in the property.
The person responsible for closing the transaction must file. The IRS uses this priority order:
In most transactions, the title company or settlement agent handles this responsibility.
Not necessarily. Receiving Form 1099-S does not automatically mean you owe taxes. The form reports the gross proceeds, not your taxable gain. You may still qualify for the home sale exclusion of up to $250,000 ($500,000 for married filing jointly) if you meet the ownership and use requirements. You will need to calculate your actual gain or loss on Schedule D.
Yes, Form 1099-S is required for the sale of any real property, including vacant land, if the gross proceeds are $600 or more. Unlike the sale of a principal residence, there is no certification exemption available for land sales, so Form 1099-S will typically be filed.
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BoomTax and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors prior to engaging in any transaction.