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I believe you can set up an installment plan for the Sale of a closely held S-corp. Client sold their S-corp via installment sale, the note was transferred to each shareholder individually. The K-1 arrived with the entire gain from the sale in box 8 of the K-1. Client is receiving proceeds over the next 5 years. I was hoping to fill out the form 6252 for this gain. Does anyone know how to create an installment sale on the individual return using the K-1 information. Do I need to contact the accountant that did the K-1 for additional information?
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Based on the K-1 presentation you described, the S Corp may have elected out of the installment sale treatment.
I would contact the accountant who prepared the S Corp return.
The more I know the more I don’t know.
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Would the accountant that prepared the K-1 have had to make that specific election, It sounds like the K-1 should have been completed differently to be able to establish the installment sale for my client. Is that correct?
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Any election would have to be done at the entity level.
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Installment sale treatment is mandatory unless you elect out.
If the S Corp has the sale, the treatment is determined at the S level.
The more I know the more I don’t know.
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Thank you! If the accountant states he did not make the election, then how do I create the Capital Gains listed in Box 8 of the K-1 into an installment sale. Do I just list it directly on the Disposition page? and would I need the 4797 from the S-Corp to determine the Gross profit percentage?
I don't want my client to get an IRS letter because he is not claiming the entire gain on his personal return.
Thanks
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You can't. The S Corp has to treat as an installment sale. You pick up the K-1 numbers.
You should be given the Gross Profit % to use for future years' payments.
Installment sale/gross profit % will be on Form 6252 not 4797.
The more I know the more I don’t know.
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I would ask for a complete copy of the 1120S and state tax returns so you can see what was done/not done. (Client may need to ask)
The more I know the more I don’t know.
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Thank you so much for your help !!!